A bill to reauthorize and amend the National Sea Grant College Program Act, and for other purposes.
PL 114-216 (S.764), enacted 07/29/2016

130 STAT. 834 
PUBLIC LAW 114–216—JULY 29, 2016 
Public Law 114–216 
114th Congress 
An Act 
To reauthorize and amend the National Sea Grant College Program Act, and for 
other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 
1. 
NATIONAL 
BIOENGINEERED 
FOOD 
DISCLOSURE 
STANDARD. 
The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et 
seq.) is amended by adding at the end the following: 
‘‘Subtitle E—National Bioengineered Food 
Disclosure Standard 
‘‘SEC. 291. DEFINITIONS. 
‘‘In this subtitle: 
‘‘(1) BIOENGINEERING.—The term ‘bioengineering’, and any 
similar term, as determined by the Secretary, with respect 
to a food, refers to a food— 
‘‘(A) that contains genetic material that has been modi-
fied through in vitro recombinant deoxyribonucleic acid 
(DNA) techniques; and 
‘‘(B) for which the modification could not otherwise 
be obtained through conventional breeding or found in 
nature. 
‘‘(2) FOOD.—The term ‘food’ means a food (as defined in 
section 201 of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 321)) that is intended for human consumption. 
‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary 
of Agriculture. 
‘‘SEC. 292. APPLICABILITY. 
‘‘(a) IN GENERAL.—This subtitle shall apply to any claim in 
a disclosure that a food bears that indicates that the food is a 
bioengineered food. 
‘‘(b) APPLICATION OF DEFINITION.—The definition of the term 
‘bioengineering’ under section 291 shall not affect any other defini-
tion, program, rule, or regulation of the Federal Government. 
‘‘(c) APPLICATION
TO FOODS.—This subtitle shall apply only 
to a food subject to— 
‘‘(1) the labeling requirements under the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); or 
‘‘(2) the labeling requirements under the Federal Meat 
Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products 
7 USC 1639a. 
7 USC 1639. 
July 29, 2016 
[S. 764] 
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130 STAT. 835 
PUBLIC LAW 114–216—JULY 29, 2016 
Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products 
Inspection Act (21 U.S.C. 1031 et seq.) only if— 
‘‘(A) the most predominant ingredient of the food would 
independently be subject to the labeling requirements 
under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
301 et seq.); or 
‘‘(B)(i) the most predominant ingredient of the food 
is broth, stock, water, or a similar solution; and 
‘‘(ii) the second-most predominant ingredient of the 
food would independently be subject to the labeling require-
ments under the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 301 et seq.). 
‘‘SEC. 293. ESTABLISHMENT OF NATIONAL BIOENGINEERED FOOD 
DISCLOSURE STANDARD. 
‘‘(a) ESTABLISHMENT OF MANDATORY STANDARD.—Not later than 
2 years after the date of enactment of this subtitle, the Secretary 
shall— 
‘‘(1) establish a national mandatory bioengineered food 
disclosure standard with respect to any bioengineered food and 
any food that may be bioengineered; and 
‘‘(2) establish such requirements and procedures as the 
Secretary determines necessary to carry out the standard. 
‘‘(b) REGULATIONS.— 
‘‘(1) IN GENERAL.—A food may bear a disclosure that the 
food is bioengineered only in accordance with regulations 
promulgated by the Secretary in accordance with this subtitle. 
‘‘(2) REQUIREMENTS.—A regulation promulgated by the Sec-
retary in carrying out this subtitle shall— 
‘‘(A) prohibit a food derived from an animal to be 
considered a bioengineered food solely because the animal 
consumed feed produced from, containing, or consisting 
of a bioengineered substance; 
‘‘(B) determine the amounts of a bioengineered sub-
stance that may be present in food, as appropriate, in 
order for the food to be a bioengineered food; 
‘‘(C) establish a process for requesting and granting 
a determination by the Secretary regarding other factors 
and conditions under which a food is considered a bioengi-
neered food; 
‘‘(D) in accordance with subsection (d), require that 
the form of a food disclosure under this section be a text, 
symbol, or electronic or digital link, but excluding Internet 
website Uniform Resource Locators not embedded in the 
link, with the disclosure option to be selected by the food 
manufacturer; 
‘‘(E) provide alternative reasonable disclosure options 
for food contained in small or very small packages; 
‘‘(F) in the case of small food manufacturers, provide— 
‘‘(i) an implementation date that is not earlier 
than 1 year after the implementation date for regula-
tions promulgated in accordance with this section; and 
‘‘(ii) on-package disclosure options, in addition to 
those available under subparagraph (D), to be selected 
by the small food manufacturer, that consist of— 
‘‘(I) a telephone number accompanied by 
appropriate language to indicate that the phone 
Implementation 
date. 
Time period. 
Determination. 
Requirements. 
Procedures. 
Deadline. 
7 USC 1639b. 
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130 STAT. 836 
PUBLIC LAW 114–216—JULY 29, 2016 
number provides access to additional information; 
and 
‘‘(II) an Internet website maintained by the 
small food manufacturer in a manner consistent 
with subsection (d), as appropriate; and 
‘‘(G) exclude— 
‘‘(i) food served in a restaurant or similar retail 
food establishment; and 
‘‘(ii) very small food manufacturers. 
‘‘(3) SAFETY.—For the purpose of regulations promulgated 
and food disclosures made pursuant to paragraph (2), a bioengi-
neered food that has successfully completed the pre-market 
Federal regulatory review process shall not be treated as safer 
than, or not as safe as, a non-bioengineered counterpart of 
the food solely because the food is bioengineered or produced 
or developed with the use of bioengineering. 
‘‘(c) STUDY OF ELECTRONIC OR DIGITAL LINK DISCLOSURE.— 
‘‘(1) IN GENERAL.—Not later than 1 year after the date 
of enactment of this subtitle, the Secretary shall conduct a 
study to identify potential technological challenges that may 
impact whether consumers would have access to the bio-
engineering disclosure through electronic or digital disclosure 
methods. 
‘‘(2) PUBLIC COMMENTS.—In conducting the study under 
paragraph (1), the Secretary shall solicit and consider comments 
from the public. 
‘‘(3) FACTORS.—The study conducted under paragraph (1) 
shall consider whether consumer access to the bioengineering 
disclosure through electronic or digital disclosure methods 
under this subtitle would be affected by the following factors: 
‘‘(A) The availability of wireless Internet or cellular 
networks. 
‘‘(B) The availability of landline telephones in stores. 
‘‘(C) Challenges facing small retailers and rural 
retailers. 
‘‘(D) The efforts that retailers and other entities have 
taken to address potential technology and infrastructure 
challenges. 
‘‘(E) The costs and benefits of installing in retail stores 
electronic or digital link scanners or other evolving tech-
nology that provide bioengineering disclosure information. 
‘‘(4) ADDITIONAL
DISCLOSURE
OPTIONS.—If the Secretary 
determines in the study conducted under paragraph (1) that 
consumers, while shopping, would not have sufficient access 
to the bioengineering disclosure through electronic or digital 
disclosure methods, the Secretary, after consultation with food 
retailers and manufacturers, shall provide additional and com-
parable options to access the bioengineering disclosure. 
‘‘(d) DISCLOSURE.—In promulgating regulations under this sec-
tion, the Secretary shall ensure that— 
‘‘(1) on-package language accompanies— 
‘‘(A) the electronic or digital link disclosure, indicating 
that the electronic or digital link will provide access to 
an Internet website or other landing page by stating only 
‘Scan here for more food information’, or equivalent lan-
guage that only reflects technological changes; or 
Determination. 
Consultation. 
Deadline. 
Website. 
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130 STAT. 837 
PUBLIC LAW 114–216—JULY 29, 2016 
‘‘(B) any telephone number disclosure, indicating that 
the telephone number will provide access to additional 
information by stating only ‘Call for more food informa-
tion.’; 
‘‘(2) the electronic or digital link will provide access to 
the bioengineering disclosure located, in a consistent and con-
spicuous manner, on the first product information page that 
appears for the product on a mobile device, Internet website, 
or other landing page, which shall exclude marketing and pro-
motional information; 
‘‘(3)(A) the electronic or digital link disclosure may not 
collect, analyze, or sell any personally identifiable information 
about consumers or the devices of consumers; but 
‘‘(B) if information described in subparagraph (A) must 
be collected to carry out the purposes of this subtitle, that 
information shall be deleted immediately and not used for 
any other purpose; 
‘‘(4) the electronic or digital link disclosure also includes 
a telephone number that provides access to the bioengineering 
disclosure; and 
‘‘(5) the electronic or digital link disclosure is of sufficient 
size to be easily and effectively scanned or read by a digital 
device. 
‘‘(e) STATE FOOD LABELING STANDARDS.—Notwithstanding sec-
tion 295, no State or political subdivision of a State may directly 
or indirectly establish under any authority or continue in effect 
as to any food in interstate commerce any requirement relating 
to the labeling or disclosure of whether a food is bioengineered 
or was developed or produced using bioengineering for a food that 
is the subject of the national bioengineered food disclosure standard 
under this section that is not identical to the mandatory disclosure 
requirement under that standard. 
‘‘(f) CONSISTENCY WITH CERTAIN LAWS.—The Secretary shall 
consider establishing consistency between— 
‘‘(1) the national bioengineered food disclosure standard 
established under this section; and 
‘‘(2) the Organic Foods Production Act of 1990 (7 U.S.C. 
6501 et seq.) and any rules or regulations implementing that 
Act. 
‘‘(g) ENFORCEMENT.— 
‘‘(1) PROHIBITED ACT.—It shall be a prohibited act for a 
person to knowingly fail to make a disclosure as required 
under this section. 
‘‘(2) RECORDKEEPING.—Each person subject to the manda-
tory disclosure requirement under this section shall maintain, 
and make available to the Secretary, on request, such records 
as the Secretary determines to be customary or reasonable 
in the food industry, by regulation, to establish compliance 
with this section. 
‘‘(3) EXAMINATION AND AUDIT.— 
‘‘(A) IN
GENERAL.—The Secretary may conduct an 
examination, audit, or similar activity with respect to any 
records required under paragraph (2). 
‘‘(B) NOTICE AND HEARING.—A person subject to an 
examination, audit, or similar activity under subparagraph 
(A) shall be provided notice and opportunity for a hearing 
on the results of any examination, audit, or similar activity. 
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130 STAT. 838 
PUBLIC LAW 114–216—JULY 29, 2016 
‘‘(C) AUDIT RESULTS.—After the notice and opportunity 
for a hearing under subparagraph (B), the Secretary shall 
make public the summary of any examination, audit, or 
similar activity under subparagraph (A). 
‘‘(4) RECALL
AUTHORITY.—The Secretary shall have no 
authority to recall any food subject to this subtitle on the 
basis of whether the food bears a disclosure that the food 
is bioengineered. 
‘‘SEC. 294. SAVINGS PROVISIONS. 
‘‘(a) TRADE.—This subtitle shall be applied in a manner con-
sistent with United States obligations under international agree-
ments. 
‘‘(b) OTHER AUTHORITIES.—Nothing in this subtitle— 
‘‘(1) affects the authority of the Secretary of Health and 
Human Services or creates any rights or obligations for any 
person under the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 301 et seq.); or 
‘‘(2) affects the authority of the Secretary of the Treasury 
or creates any rights or obligations for any person under the 
Federal Alcohol Administration Act (27 U.S.C. 201 et seq.). 
‘‘(c) OTHER.—A food may not be considered to be ‘not bioengi-
neered’, ‘non-GMO’, or any other similar claim describing the 
absence of bioengineering in the food solely because the food is 
not required to bear a disclosure that the food is bioengineered 
under this subtitle. 
‘‘Subtitle F—Labeling of Certain Food 
‘‘SEC. 295. FEDERAL PREEMPTION. 
‘‘(a) DEFINITION
OF FOOD.—In this subtitle, the term ‘food’ 
has the meaning given the term in section 201 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 321). 
‘‘(b) FEDERAL PREEMPTION.—No State or a political subdivision 
of a State may directly or indirectly establish under any authority 
or continue in effect as to any food or seed in interstate commerce 
any requirement relating to the labeling of whether a food (including 
food served in a restaurant or similar establishment) or seed is 
genetically engineered (which shall include such other similar terms 
as determined by the Secretary of Agriculture) or was developed 
or produced using genetic engineering, including any requirement 
for claims that a food or seed is or contains an ingredient that 
was developed or produced using genetic engineering. 
‘‘SEC. 296. EXCLUSION FROM FEDERAL PREEMPTION. 
‘‘Nothing in this subtitle, subtitle E, or any regulation, rule, 
or requirement promulgated in accordance with this subtitle or 
subtitle E shall be construed to preempt any remedy created by 
a State or Federal statutory or common law right.’’. 
SEC. 2. ORGANICALLY PRODUCED FOOD. 
In the case of a food certified under the national organic pro-
gram established under the Organic Foods Production Act of 1990 
(7 U.S.C. 6501 et seq.), the certification shall be considered sufficient 
to make a claim regarding the absence of bioengineering in the 
Claims. 
7 USC 6524. 
7 USC 1639j. 
7 USC 1639i. 
Applicability. 
7 USC 1639c. 
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130 STAT. 839 
PUBLIC LAW 114–216—JULY 29, 2016 
LEGISLATIVE HISTORY—S. 764: 
SENATE REPORTS: No. 114–90 (Comm. on Commerce, Science, and Transporta-
tion). 
CONGRESSIONAL RECORD: 
Vol. 161 (2015): July 28, considered and passed Senate. 
Sept. 18, considered and passed House, amended, pursuant to 
H. Res. 421. 
Vol. 162 (2016): Mar. 14–16, June 29, July 6, 7, Senate considered and 
concurred in House amendment with an amendment. 
July 14, House concurred in Senate amendment. 
food, such as ‘‘not bioengineered’’, ‘‘non-GMO’’, or another similar 
claim. 
Approved July 29, 2016. 
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