,,ii #aadth ,,congress #b;d ,session ,s4 #bfba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #b1 #bjaf ,mr4 ,merkley 7for himself1 ,mr4 ,leahy1 ,mr4 ,tester1 ,mrs4 ,feinstein1 and ,mr4 ,sanders7 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 with respect to genetically engineered food transparency and uniformity4 #a4 ,short title ,this ,act may be cited as the ,biotechnology ,food ,labeling ,uniformity ,act4 #b4 ,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 the food or an ingredient of the food is produced or derived from genetic engineering1 unless it bears labeling stating that fact in accordance with paragraphs 7#c7 and 7#d74 7#b7 ,the provisions of this paragraph shall not apply-- 7,a7 if it is a processed food and the ingredients produced from genetic engineering do not1 in the aggregate1 account for more than nine-tenths of #a percent of the total weight of the processed food2 7,b7 if the food would be subject to this paragraph solely because a genetically engineered vaccine was used at any point in the production of the food or the lifecycle of its agricultural inputs2 or 7,c7 if it is a food or processed food that would be subject to this paragraph solely because it was produced using a processing aid 7including yeast7 or enzyme that was produced or derived from genetic engineering4 7#c7 ,in the case of a food that is not a food described in paragraph 7#d71 a producer shall meet the labeling requirement under this paragraph by inserting either-- 7,a7 the words genetically engineered or the abbreviation ,,ge in parenthesis immediately following the common or usual name of each genetically engineered ingredient2 7,b7 an asterisk next to the common or usual name of each genetically engineered ingredient with a statement1 in a font size no smaller than the words ,ingredient ,list1 at the bottom of the ingredient list that denotes that the ingredient or ingredients are genetically engineered2 7,c7 a statement1 established by the ,secretary of ,health and ,human ,services1 at the bottom of the ingredient list 7or if there is no such ingredient list1 on the information panel of the food7 that would disclose that the food is produced or partially produced with genetic engineering or contains genetically engineered ingredients2 or 7,d7 a symbol1 established by the ,secretary1 that would disclose the presence of a genetically engineered ingredient or genetically engineered ingredients in the food in a clear and conspicuous manner4 7#d7 ,in the case of a food or an ingredient of a food that is produced or derived from genetic engineering and is a raw agricultural commodity either unpackaged or packaged for retail sale1 the producer complies with labeling regulations established by the ,secretary of ,health and ,human ,services1 in consultation with the ,secretary of ,agriculture4 7#e7 ,for purposes of this paragraph1 whether a food or ingredient of a food was produced or derived from a genetically engineered plant variety or animal shall1 by itself1 constitute information that is material within the meaning of section #bja7n74 4 #c4 ,regulations 7a7 ,interim rule ,not later than ,december #ca1 #bjaf1 the ,secretary of ,health and ,human ,services shall issue an interim final rule regarding the implementation of section #djc7z7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 as added by section #b of this ,act4 7b7 ,proposed regulations ,not later than #ah months after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services shall issue proposed regulations to implement section #djc7z7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 as added by section #b of this ,act1 which shall-- 7#a7 include definitions of all relevant terms in such section #djc7z72 7#b7 be based on existing ,federal regulations1 ,state law1 and international standards2 and 7#c7 be updated as needed4 7c7 ,final regulations ,not later than #bd months after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services shall issue final regulations described in subsection 7b74 #d4 ,federal preemption 7a7 ,in ,general ,no ,state or political subdivision of a ,state shall impose different or additional requirements to state the presence of the same genetically engineered food or ingredients covered by this ,act under the laws1 regulations1 requirements1 or standards of such ,state or political subdivision of a ,state4 7b7 ,scope ,nothing in this ,act1 nor any amendment1 regulation1 rule1 or requirement promulgated pursuant to this ,act1 shall be construed to preempt or otherwise affect the authority of a ,state or political subdivision of a ,state to enforce any action taken or requirement imposed pursuant to the authority of a ,state1 political subdivision of a ,state1 or local law1 regulation1 requirement or standard that otherwise relates to food labeling and is not described in subsection 7a74 7c7 ,no preemption of common law or statutory causes of action ,nothing in this ,act1 nor any amendment1 regulation1 rule1 or requirement promulgated pursuant to this ,act1 shall be construed to preempt1 displace1 or supplant any ,state or ,federal common law rights or any ,state or ,federal statute creating a remedy for civil relief1 including those for civil damage1 or a penalty for a criminal conduct4