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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Genetically Engineered Food Right-
to-Know Act''.

SEC. 2. PURPOSE AND FINDINGS.

(a) Purpose.--The purpose of this Act is to establish a consistent
and enforceable standard for labeling of foods produced using genetic
engineering, including fish, thereby providing consumers with knowledge
of how their food is produced.
(b) Findings.--Congress finds that--
(1) the process of genetically engineering food organisms
results in material changes to food derived from those
organisms;
(2) the Food and Drug Administration requires the labeling
of more than 3,000 ingredients, additives, and processes;
(3) individuals in the United States have a right to know
if their food was produced with genetic engineering for a
variety of reasons, including health, economic, environmental,
religious, and ethical;
(4) more than 60 countries, including the United Kingdom
and all other countries of the European Union, South Korea,
Japan, Brazil, Australia, India, China, and other key United
States trading partners have laws or regulations mandating
disclosure of genetically engineered food on food labels;
(5) in 2011, Codex Alimentarius, the food standards
organization of the United Nations, adopted a text that
indicates that governments can decide on whether and how to
label foods produced with genetic engineering; and
(6) mandatory identification of food produced with genetic
engineering can be a critical method of preserving the economic
value of exports or domestically sensitive markets with
labeling requirements for genetically engineered foods.

SEC. 3. AMENDMENTS TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.

(a) In General.--Section 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the
following:
''(z)(1) If it is a food that has been genetically engineered or
contains 1 or more genetically engineered ingredients, unless such
information is clearly disclosed, as determined by the Secretary.
''(2) This paragraph does not apply to food that--
''(A) is served in restaurants or other similar eating
establishments, such as cafeterias and carryouts;
''(B) is a medical food (as defined in section 5(b) of the
Orphan Drug Act);
''(C) is a food that would be subject to this paragraph
solely because it was produced using a genetically engineered
vaccine; or
''(D) is a food or processed food that would be subject to
this paragraph solely because it includes the use of a
genetically engineered processing aid (including yeast) or
enzyme.
''(3) In this paragraph:
''(A) The term 'genetic engineering' means a process
involving the application of--
''(i) in vitro nucleic acid techniques, including
recombinant deoxyribonucleic acid (DNA) and direct
injection of nucleic acid into cells or organelles; or
''(ii) fusion of cells beyond the taxonomic family
that--
''(I) overcome natural physiological
reproductive or recombinant barriers; and
''(II) are not techniques used in
traditional breeding and selection.
''(B) The term 'genetically engineered', used with respect
to a food, means a material intended for human consumption that
is--
''(i) an organism that is produced through the
intentional use of genetic engineering; or
''(ii) the progeny of intended sexual or asexual
reproduction (or both) of 1 or more organisms that is
the product of genetic engineering.
''(C) The term 'genetically engineered ingredient' means a
material that is an ingredient in a food that is derived from
any part of an organism that has been genetically engineered,
without regard to whether--
''(i) the altered molecular or cellular
characteristics of the organism are detectable in the
material; and
''(ii) the organism is capable for use as human
food.''.
(b) Guaranty.--
(1) In general.--Section 303(d) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 333(d)) is amended--
(A) by striking ''(d)'' and inserting ''(d)(1)'';
and
(B) by adding at the end the following:
''(2)(A) No person shall be subject to the penalties of
subsection (a)(1) for a violation of subsection (a), (b), or
(c) of section 301 involving food that is misbranded within the
meaning of section 403(z) if such person (referred to in this
paragraph as the 'recipient') establishes a guaranty or
undertaking that--
''(i) is signed by, and contains the name and
address of, a person residing in the United States from
whom the recipient received in good faith the food
(including the receipt of seeds to grow raw
agricultural commodities); and
''(ii) contains a statement to the effect that the
food is not genetically engineered or does not contain
a genetically engineered ingredient.
''(B) In the case of a recipient who, with respect to a
food, establishes a guaranty or undertaking in accordance with
subparagraph (A), the exclusion under such subparagraph from
being subject to penalties applies to the recipient without
regard to the manner in which the recipient uses the food,
including whether the recipient is--
''(i) processing the food;
''(ii) using the food as an ingredient in a food
product;
''(iii) repacking the food; or
''(iv) growing, raising, or otherwise producing the
food.
''(C) No person may avoid responsibility or liability for a
violation of subsection (a), (b), or (c) of section 301
involving food that is misbranded within the meaning of section
403(z) by entering into a contract or other agreement that
specifies that another person shall bear such responsibility or
liability, except that a recipient may require a guaranty or
undertaking as described in this subsection.
''(D) In this subsection, the terms 'genetically
engineered' and 'genetically engineered ingredient' have the
meanings given the terms in section 403(z).''.
(2) False guaranty.--Section 301(h) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 331(h)) is amended by
inserting ''or 303(d)(2)'' after ''section 303(c)(2)''.
(c) Unintended Contamination.--Section 303(d) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 333(d)), as amended by subsection
(b), is further amended by adding at the end the following:
''(3)(A) No person shall be subject to the penalties of
subsection (a)(1) for a violation of subsection (a), (b), or
(c) of section 301 involving food that is misbranded within the
meaning of section 403(z) if--
''(i) such person is an agricultural producer and
the violation occurs because food that is grown,
raised, or otherwise produced by such producer, which
food does not contain a genetically engineered material
and was not produced with a genetically engineered
material, is contaminated with a food that contains a
genetically engineered material or was produced with a
genetically engineered material; and
''(ii) such contamination is not intended by the
agricultural producer.
''(B) Subparagraph (A) does not apply to an agricultural
producer to the extent that the contamination occurs as a
result of the negligence of the producer.''.
(d) Promulgation of Regulations.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall promulgate proposed
regulations establishing labeling requirements for compliance in
accordance with section 403(z) of the Federal Food, Drug, and Cosmetic
Act, as added by subsection (a).
Genetically Engineered Food Right-to-Know Act - Amends the Federal Food, Drug, and Cosmetic Act to deem misbranded any food that has been genetically engineered or contains one or more genetically engineered ingredients, unless such information is clearly disclosed. Exempts from this requirement any food that: (1) is served in restaurants or other similar eating establishments, (2) is a medical food, (3) would be subject to such requirement solely because it was produced using a genetically engineered vaccine, or (4) would be subject to such requirement solely because it includes the use of a genetically engineered processing aid (including yeast) or enzyme. Defines "genetically engineered" as a material intended for human consumption that is: (1) an organism produced through the intentional use of genetic engineering, or (2) the progeny of intended sexual or asexual reproduction (or both) of one or more organisms that is the product of genetic engineering. Defines "genetically engineered ingredient" as an ingredient in a food that is derived from any part of an organism that has been genetically engineered, without regard to whether: (1) the altered molecular or cellular characteristics of the organism are detectable in the material, and (2) the organism is capable for use as human food. Excludes from penalties for misbranding of genetically engineered food or ingredients any recipient that establishes a guaranty or undertaking that: (1) is signed by, and contains the name and address of, a person residing in the United States from whom the recipient received the food in good faith (including the receipt of seeds to grow raw agricultural commodities); and (2) contains a statement to the effect that the food is not genetically engineered or does not contain a genetically engineered ingredient. Applies this exclusion from penalties without regard to the manner in which the recipient uses the food. Excludes an agricultural producer also from such penalties when a violation occurs because food the producer has grown, raised, or otherwise produced, which neither contains nor was produced with a genetically engineered material, is subsequently contaminated with a food that does contain or was produced with a genetically engineered material, and the agricultural producer has not intended any such contamination nor was negligent in the matter.