,in the ,senate of the ,united ,states1 ,july #g1 #bjaf4 ,senate ,amendment to ,house ,amendment3 ,that the ,senate agree to the amendment of the ,house of ,representatives to the text of the bill 7,s4 #gfd7 entitled 8,an ,act to reauthorize and amend the ,national ,sea ,grant ,college ,program ,act1 and for other purposes401 do pass with the following ,in lieu of the matter proposed to be inserted1 insert the following3 #a4 ,national bioengineered food disclosure standard ,the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afba et seq47 is amended by adding at the end the following3 ,e ,national bioengineered food disclosure standard #bia4 ,definitions ,in this subtitle3 7#a7 ,bioengineering ,the term bioengineering1 and any similar term1 as determined by the ,secretary1 with respect to a food1 refers to a food-- 7,a7 that contains genetic material that has been modified through in vitro recombinant deoxyribonucleic acid 7,,dna7 techniques2 and 7,b7 for which the modification could not otherwise be obtained through conventional breeding or found in nature4 7#b7 ,food ,the term food means a food 7as defined in section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba77 that is intended for human consumption4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 #bib4 ,applicability 7a7 ,in general ,this subtitle shall apply to any claim in a disclosure that a food bears that indicates that the food is a bioengineered food4 7b7 ,application of definition ,the definition of the term bioengineering under section #bia shall not affect any other definition1 program1 rule1 or regulation of the ,federal ,government4 7c7 ,application to foods ,this subtitle shall apply only to a food subject to-- 7#a7 the labeling requirements under the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq472 or 7#b7 the labeling requirements under the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja et seq471 the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dea et seq471 or the ,egg ,products ,inspection ,act 7#ba ,u4,s4,c4 #ajca et seq47 only if-- 7,a7 the most predominant ingredient of the food would independently be subject to the labeling requirements under the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq472 or 7,b7 7i7 the most predominant ingredient of the food is broth1 stock1 water1 or a similar solution2 and 7ii7 the second-most predominant ingredient of the food would independently be subject to the labeling requirements under the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq474 #bic4 ,establishment of national bioengineered food disclosure standard 7a7 ,establishment of mandatory standard ,not later than #b years after the date of enactment of this subtitle1 the ,secretary shall-- 7#a7 establish a national mandatory bioengineered food disclosure standard with respect to any bioengineered food and any food that may be bioengineered2 and 7#b7 establish such requirements and procedures as the ,secretary determines necessary to carry out the standard4 7b7 ,regulations 7#a7 ,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 subtitle4 7#b7 ,requirements ,a regulation promulgated by the ,secretary in carrying out this subtitle shall-- 7,a7 prohibit a food derived from an animal to be considered a bioengineered food solely because the animal consumed feed produced from1 containing1 or consisting of a bioengineered substance2 7,b7 determine the amounts of a bioengineered substance that may be present in food1 as appropriate1 in order for the food to be a bioengineered food2 7,c7 establish a process for requesting and granting a determination by the ,secretary regarding other factors and conditions under which a food is considered a bioengineered food2 7,d7 in accordance with subsection 7d71 require that the form of a food disclosure under this section be a text1 symbol1 or electronic or digital link1 but excluding ,internet website ,uniform ,resource ,locators not embedded in the link1 with the disclosure option to be selected by the food manufacturer2 7,e7 provide alternative reasonable disclosure options for food contained in small or very small packages2 7,f7 in the case of small food manufacturers1 provide-- 7i7 an implementation date that is not earlier than #a year after the implementation date for regulations promulgated in accordance with this section2 and 7ii7 on-package disclosure options1 in addition to those available under subparagraph 7,d71 to be selected by the small food manufacturer1 that consist of-- 7,i7 a telephone number accompanied by appropriate language to indicate that the phone number provides access to additional information2 and 7,,ii7 an ,internet website maintained by the small food manufacturer in a manner consistent with subsection 7d71 as appropriate2 and 7,g7 exclude-- 7i7 food served in a restaurant or similar retail food establishment2 and 7ii7 very small food manufacturers4 7#c7 ,safety ,for the purpose of regulations promulgated and food disclosures made pursuant to paragraph 7#b71 a bioengineered food that has successfully completed the pre-market ,federal regulatory review process shall not be treated as safer than1 or not as safe as1 a non-bioengineered counterpart of the food solely because the food is bioengineered or produced or developed with the use of bioengineering4 7c7 ,study of electronic or digital link disclosure 7#a7 ,in general ,not later than #a year after the date of enactment of this subtitle1 the ,secretary shall conduct a study to identify potential technological challenges that may impact whether consumers would have access to the bioengineering disclosure through electronic or digital disclosure methods4 7#b7 ,public comments ,in conducting the study under paragraph 7#a71 the ,secretary shall solicit and consider comments from the public4 7#c7 ,factors ,the study conducted under paragraph 7#a7 shall consider whether consumer access to the bioengineering disclosure through electronic or digital disclosure methods under this subtitle would be affected by the following factors3 7,a7 ,the availability of wireless ,internet or cellular networks4 7,b7 ,the availability of landline telephones in stores4 7,c7 ,challenges facing small retailers and rural retailers4 7,d7 ,the efforts that retailers and other entities have taken to address potential technology and infrastructure challenges4 7,e7 ,the costs and benefits of installing in retail stores electronic or digital link scanners or other evolving technology that provide bioengineering disclosure information4 7#d7 ,additional disclosure options ,if the ,secretary determines in the study conducted under paragraph 7#a7 that consumers1 while shopping1 would not have sufficient access to the bioengineering disclosure through electronic or digital disclosure methods1 the ,secretary1 after consultation with food retailers and manufacturers1 shall provide additional and comparable options to access the bioengineering disclosure4 7d7 ,disclosure ,in promulgating regulations under this section1 the ,secretary shall ensure that-- 7#a7 on-package language accompanies-- 7,a7 the electronic or digital link disclosure1 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 information1 or equivalent language that only reflects technological changes2 or 7,b7 any telephone number disclosure1 indicating that the telephone number will provide access to additional information by stating only ,call for more food information42 7#b7 the electronic or digital link will provide access to the bioengineering disclosure located1 in a consistent and conspicuous manner1 on the first product information page that appears for the product on a mobile device1 ,internet website1 or other landing page1 which shall exclude marketing and promotional information2 7#c7 7,a7 the electronic or digital link disclosure may not collect1 analyze1 or sell any personally identifiable information about consumers or the devices of consumers2 but 7,b7 if information described in subparagraph 7,a7 must be collected to carry out the purposes of this subtitle1 that information shall be deleted immediately and not used for any other purpose2 7#d7 the electronic or digital link disclosure also includes a telephone number that provides access to the bioengineering disclosure2 and 7#e7 the electronic or digital link disclosure is of sufficient size to be easily and effectively scanned or read by a digital device4 7e7 ,state food labeling standards ,notwithstanding section #bie1 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 standard4 7f7 ,consistency with certain laws ,the ,secretary shall consider establishing consistency between-- 7#a7 the national bioengineered food disclosure standard established under this section2 and 7#b7 the ,organic ,foods ,production ,act of #aiij 7#g ,u4,s4,c4 #feja et seq47 and any rules or regulations implementing that ,act4 7g7 ,enforcement 7#a7 ,prohibited act ,it shall be a prohibited act for a person to knowingly fail to make a disclosure as required under this section4 7#b7 ,recordkeeping ,each person subject to the mandatory disclosure requirement under this section shall maintain1 and make available to the ,secretary1 on request1 such records as the ,secretary determines to be customary or reasonable in the food industry1 by regulation1 to establish compliance with this section4 7#c7 ,examination and audit 7,a7 ,in general ,the ,secretary may conduct an examination1 audit1 or similar activity with respect to any records required under paragraph 7#b74 7,b7 ,notice and hearing ,a person subject to an examination1 audit1 or similar activity under subparagraph 7,a7 shall be provided notice and opportunity for a hearing on the results of any examination1 audit1 or similar activity4 7,c7 ,audit results ,after the notice and opportunity for a hearing under subparagraph 7,b71 the ,secretary shall make public the summary of any examination1 audit1 or similar activity under subparagraph 7,a74 7#d7 ,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 bioengineered4 #bid4 ,savings provisions 7a7 ,trade ,this subtitle shall be applied in a manner consistent with ,united ,states obligations under international agreements4 7b7 ,other authorities ,nothing in this subtitle-- 7#a7 affects the authority of the ,secretary of ,health and ,human ,services or creates any rights or obligations for any person under the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq472 or 7#b7 affects the authority of the ,secretary of the ,treasury or creates any rights or obligations for any person under the ,federal ,alcohol ,administration ,act 7#bg ,u4,s4,c4 #bja et seq474 7c7 ,other ,a food may not be considered to be not bioengineered1 non-,,gmo1 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 subtitle4 ,f ,labeling of certain food #bie4 ,federal preemption 7a7 ,definition of food ,in this subtitle1 the term food has the meaning given the term in section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba74 7b7 ,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 7including food served in a restaurant or similar establishment7 or seed is genetically engineered 7which shall include such other similar terms as determined by the ,secretary of ,agriculture7 or was developed or produced using genetic engineering1 including any requirement for claims that a food or seed is or contains an ingredient that was developed or produced using genetic engineering4 #bif4 ,exclusion from ,federal preemption ,nothing in this subtitle1 subtitle ,e1 or any regulation1 rule1 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 right4 4 #b4 ,organically produced food ,in the case of a food certified under the national organic program established under the ,organic ,foods ,production ,act of #aiij 7#g ,u4,s4,c4 #feja et seq471 the certification shall be considered sufficient to make a claim regarding the absence of bioengineering in the food1 such as not bioengineered1 non-,,gmo1 or another similar claim4 ,secretary