,,ii #aacth ,,congress #ast ,session ,s4 #hji ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bd1 #bjac ,mrs4 ,boxer 7for herself1 ,ms4 ,murkowski1 ,mrs4 ,gillibrand1 ,mr4 ,blumenthal1 ,mr4 ,begich1 ,mr4 ,tester1 ,mr4 ,sanders1 ,mr4 ,merkley1 ,mr4 ,schatz1 and ,mr4 ,heinrich7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,federal ,food1 ,drug1 and ,cosmetic ,act to require that genetically engineered food and foods that contain genetically engineered ingredients be labeled accordingly4 #a4 ,short title ,this ,act may be cited as the ,genetically ,engineered ,food ,right-to-,know ,act4 #b4 ,purpose and findings 7a7 ,purpose ,the purpose of this ,act is to establish a consistent and enforceable standard for labeling of foods produced using genetic engineering1 including fish1 thereby providing consumers with knowledge of how their food is produced4 7b7 ,findings ,congress finds that-- 7#a7 the process of genetically engineering food organisms results in material changes to food derived from those organisms2 7#b7 the ,food and ,drug ,administration requires the labeling of more than #c1jjj ingredients1 additives1 and processes2 7#c7 individuals in the ,united ,states have a right to know if their food was produced with genetic engineering for a variety of reasons1 including health1 economic1 environmental1 religious1 and ethical2 7#d7 more than #fj countries1 including the ,united ,kingdom and all other countries of the ,european ,union1 ,south ,korea1 ,japan1 ,brazil1 ,australia1 ,india1 ,china1 and other key ,united ,states trading partners have laws or regulations mandating disclosure of genetically engineered food on food labels2 7#e7 in #bjaa1 ,codex ,alimentarius1 the food standards organization of the ,united ,nations1 adopted a text that indicates that governments can decide on whether and how to label foods produced with genetic engineering2 and 7#f7 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 foods4 #c4 ,amendments to the ,federal ,food1 ,drug1 and ,cosmetic ,act 7a7 ,in general ,section #djc of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc7 is amended by adding at the end the following3 7z7 7#a7 ,if it is a food that has been genetically engineered or contains #a or more genetically engineered ingredients1 unless such information is clearly disclosed1 as determined by the ,secretary4 7#b7 ,this paragraph does not apply to food that-- 7,a7 is served in restaurants or other similar eating establishments1 such as cafeterias and carryouts2 7,b7 is a medical food 7as defined in section #e7;b7 of the ,orphan ,drug ,act72 7,c7 is a food that would be subject to this paragraph solely because it was produced using a genetically engineered vaccine2 or 7,d7 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 7including yeast7 or enzyme4 7#c7 ,in this paragraph3 7,a7 ,the term genetic engineering means a process involving the application of-- 7i7 in vitro nucleic acid techniques1 including recombinant deoxyribonucleic acid 7,,dna7 and direct injection of nucleic acid into cells or organelles2 or 7ii7 fusion of cells beyond the taxonomic family that-- 7,i7 overcome natural physiological reproductive or recombinant barriers2 and 7,,ii7 are not techniques used in traditional breeding and selection4 7,b7 ,the term genetically engineered1 used with respect to a food1 means a material intended for human consumption that is-- 7i7 an organism that is produced through the intentional use of genetic engineering2 or 7ii7 the progeny of intended sexual or asexual reproduction 7or both7 of #a or more organisms that is the product of genetic engineering4 7,c7 ,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 engineered1 without regard to whether-- 7i7 the altered molecular or cellular characteristics of the organism are detectable in the material2 and 7ii7 the organism is capable for use as human food4 4 7b7 ,guaranty 7#a7 ,in general ,section #cjc7;d7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #ccc7;d77 is amended-- 7,a7 by striking 7d7 and inserting 7d77#a72 and 7,b7 by adding at the end the following3 7#b7 7,a7 ,no person shall be subject to the penalties of subsection 7a77#a7 for a violation of subsection 7a71 7b71 or 7c7 of section #cja involving food that is misbranded within the meaning of section #djc7z7 if such person 7referred to in this paragraph as the recipient7 establishes a guaranty or undertaking that-- 7i7 is signed by1 and contains the name and address of1 a person residing in the ,united ,states from whom the recipient received in good faith the food 7including the receipt of seeds to grow raw agricultural commodities72 and 7ii7 contains a statement to the effect that the food is not genetically engineered or does not contain a genetically engineered ingredient4 7,b7 ,in the case of a recipient who1 with respect to a food1 establishes a guaranty or undertaking in accordance with subparagraph 7,a71 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 food1 including whether the recipient is-- 7i7 processing the food2 7ii7 using the food as an ingredient in a food product2 7iii7 repacking the food2 or 7iv7 growing1 raising1 or otherwise producing the food4 7,c7 ,no person may avoid responsibility or liability for a violation of subsection 7a71 7b71 or 7c7 of section #cja involving food that is misbranded within the meaning of section #djc7z7 by entering into a contract or other agreement that specifies that another person shall bear such responsibility or liability1 except that a recipient may require a guaranty or undertaking as described in this subsection4 7,d7 ,in this subsection1 the terms genetically engineered and genetically engineered ingredient have the meanings given the terms in section #djc7z74 4 7#b7 ,false guaranty ,section #cja7;h7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cca7;h77 is amended by inserting or #cjc7;d77#b7 after section #cjc7;c77#b74 7c7 ,unintended contamination ,section #cjc7;d7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #ccc7;d771 as amended by subsection 7b71 is further amended by adding at the end the following3 7#c7 7,a7 ,no person shall be subject to the penalties of subsection 7a77#a7 for a violation of subsection 7a71 7b71 or 7c7 of section #cja involving food that is misbranded within the meaning of section #djc7z7 if-- 7i7 such person is an agricultural producer and the violation occurs because food that is grown1 raised1 or otherwise produced by such producer1 which food does not contain a genetically engineered material and was not produced with a genetically engineered material1 is contaminated with a food that contains a genetically engineered material or was produced with a genetically engineered material2 and 7ii7 such contamination is not intended by the agricultural producer4 7,b7 ,subparagraph 7,a7 does not apply to an agricultural producer to the extent that the contamination occurs as a result of the negligence of the producer4 4 7d7 ,promulgation of regulations ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall promulgate proposed regulations establishing labeling requirements for compliance in accordance with section #djc7z7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 as added by subsection 7a74