Sec. 101. Consultation process
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Chapter IV of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 423 of such Act ( 21 U.S.C. 350l ) the following: The Secretary shall continue to administer the consultation process established under the Food and Drug Administration’s policy statement entitled Statement of Policy: Food Derived from New Plant Varieties published in the Federal Register on May 29, 1992 (57 Fed. Reg. 22,984). For purposes of subsection (a), the use of genetic engineering does not, by itself, constitute information that is material for purposes of determining whether there is a difference between a food produced from, containing, or consisting of a genetically engineered plant and a comparable food.
The Secretary may require that the labeling of a food produced from, containing, or consisting of a genetically engineered plant contain a statement to adequately inform consumers of a difference between the food so produced and its comparable food if the Secretary determines that— there is a material difference in the functional, nutritional, or compositional characteristics, allergenicity, or other attributes between the food so produced and its comparable food; and the disclosure of such material difference is necessary to protect public health and safety or to prevent the label or labeling of the food so produced from being false or misleading in any particular. .
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