,,ii #aadth ,,congress #ast ,session ,s4 #eaa ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ab1 #bjae,mrs4 ,boxer 7for herself1 ,mr4 ,leahy1 ,mr4 ,sanders1 ,mr4 ,blumenthal1 ,mrs4 ,feinstein1 ,mr4 ,murphy1 ,mr4 ,merkley1 ,ms4 ,mikulski1 ,mr4 ,reed1 ,mrs4 ,shaheen1 ,mr4 ,heinrich1 ,ms4 ,warren1 ,mr4 ,tester1 and ,mr4 ,booker7 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 purposes of this ,act are to-- 7#a7 establish a consistent and enforceable standard for labeling of foods produced using genetic engineering1 thereby providing consumers with knowledge of how their food is produced2 and 7#b7 prevent consumer confusion and deception by prohibiting the labeling of products produced from genetic engineering as natural1 and by promoting the disclosure of factual information on food labels to allow consumers to make informed decisions4 7b7 ,findings ,congress finds that-- 7#a7 the process of genetically engineering food organisms results in material changes and the fact that foods are genetically engineered is of material importance to consumers2 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 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 foods2 and 7#g7 the cultivation of genetically engineered crops can have adverse effects on the environment in the form of cross-pollination of native plants1 increased herbicide usage1 and impacts on non-target and beneficial organisms1 including the ,monarch butterfly4 #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 the ingredients label clearly states that the food has been genetically engineered or identifies any genetically engineered ingredients1 as applicable4 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 would be subject to this paragraph solely because it was produced using a genetically engineered vaccine or drug2 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 enzyme2 or 7,e7 is a packaged food consisting of materials produced through genetic engineering that do not account for more than nine-tenths of #a percent of the total weight of the packaged food4 7#c7 ,in this paragraph and in paragraph 7aa73 7,a7 ,the term genetic engineering means a process-- 7i7 involving the application of in vitro nucleic acid techniques1 including recombinant deoxyribonucleic acid 7,,dna7 and direct injection of nucleic acid into cells or organelles2 7ii7 involving the application of fusion of cells beyond the taxonomic family2 or 7iii7 that overcomes natural physiological1 reproductive1 or recombinant barriers and that is not a process 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 ,restrictions on the term natural ,section #djc of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc71 as amended by subsection 7a71 is further amended by adding at the end the following3 7aa7 ,if it is a food intended for human consumption that has been produced using genetic engineering or that contains one or more genetically engineered ingredients and it bears a label1 or for which there is signage or advertising1 containing a claim that the food is natural1 naturally made1 naturally grown1 all natural1 or using any similar words that would be misleading to a consumer4 4 7c7 ,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 paragraph 7z7 or 7aa7 of section #djc 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 paragraph 7z7 or 7aa7 of section #djc 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 ,for purposes of this ,act1 food will be considered not to have been produced with the knowing or intentional use of genetic engineering if-- 7i7 such food is lawfully certified to be labeled1 marketed1 and offered for sale as organic pursuant to the ,organic ,foods ,production ,act of #aiij2 or 7ii7 an independent organization has determined that the food has not been knowingly or intentionally genetically engineered and has been segregated from1 and not knowingly or intentionally commingled with1 foods that may have been genetically engineered at any time1 if such a determination has been made pursuant to a sampling and testing procedure that-- 7,i7 is consistent with sampling and testing principles recommended by internationally recognized standards organizations2 and 7,,ii7 does not rely on testing processed foods in which no ,,dna is detectable4 7,e7 ,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 7d7 ,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 7e7 ,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