Sec. 201. Genetic engineering certification
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The Agricultural Marketing Act of 1946 ( 7 U.S.C. 1621 et seq. ) is amended by adding at the end the following new subtitle: In this subtitle: The term certifying agent means the chief executive officer of a State or, in the case of a State that provides for the statewide election of an official to be responsible solely for the administration of the agricultural operations of the State, such official, and any person (including a private entity) who is accredited by the Secretary as a certifying agent for the purpose of certifying a covered product as a product, the labeling of which may indicate whether the product is produced with or without the use of genetic engineering.
The term covered product means— an agricultural product, whether raw or processed (including any product derived from livestock that is marketed in the United States for consumption by humans or other animals); any other food (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act) not derived from an agricultural product; and seed or other propagative material. The term genetically engineered plant refers to a plant or plant product (as those terms are defined in section 403 of the Plant Protection Act ( 7 U.S.C. 7702 )), if— it contains genetic material that has been modified through in vitro recombinant deoxyribonucleic acid
(DNA)techniques; and the modification could not otherwise be obtained using conventional breeding techniques. The term comparable food means, with respect to a covered product produced from, containing, or consisting of a genetically engineered plant— the parental variety of the plant; another commonly consumed variety of the plant; or a commonly consumed covered product with properties comparable to the covered product produced from, containing, or consisting of the plant that is a genetically engineered plant. The term handle means to sell, process or package covered products. The term producer means a person who engages in the business of growing or producing covered products. The term Secretary means the Secretary of Agriculture, acting through the Agricultural Marketing Service. The Secretary shall establish a voluntary genetically engineered food certification program for covered products with respect to the use of genetic engineering in the production of such products, as provided for in this subtitle. The Secretary shall establish the requirements and procedures as the Secretary determines are necessary to carry out such program. In developing the program under subsection (a), the Secretary shall consult with such other parties as are necessary to develop such program. The Secretary shall implement the program established under subsection
(a)through certifying agents. Such certifying agents may certify that covered products were or were not produced with the use of genetic engineering or a genetically engineered plant, in accordance with this subtitle. The Secretary shall establish a seal to identify covered products in interstate commerce using terminology the Secretary considers appropriate, including terminology commonly used in interstate commerce or established by the Secretary in regulations. To be sold or labeled as a covered product produced without the use of genetic engineering— the covered product shall— be subject to supply chain process controls that address— the producer planting seed that is not genetically engineered; the producer keeping the crop separated during growth, harvesting, storage, and transportation; and persons in direct contact with such crop or products derived from such crop during transportation, storage, or processing keeping the product separated from other products that are or are derived from genetically engineered plants; and be produced and handled in compliance with a nongenetically engineered food plan developed and approved in accordance with subsection (c); in the case of a covered product derived from livestock that is marketed in the United States for human consumption, the covered product and the livestock, products consumed by such livestock, and products used in processing the products consumed by such livestock shall be produced without the use of products derived from genetic engineering; and labeling or advertising material on, or in conjunction with, such covered product shall not suggest either expressly or by implication that covered products developed without the use of genetic engineering are safer or of higher quality than covered products produced from, containing, or consisting of a genetically engineered plant. A covered product shall not be considered as not meeting the criteria specified in subsection
(a)solely because the covered product— is produced with a genetically engineered microorganism or a processing aid or enzyme; is derived from microorganisms that consumed a nutrient source produced from, containing, or consisting of a genetically engineered plant; or is an approved substance on the National List established under section 2118 of the Organic Foods Production Act of 1990 ( 7 U.S.C. 6517 ). A producer or handler seeking certification under this section shall submit a nongenetically engineered food plan to the certifying agent and such plan shall be reviewed by the certifying agent who shall determine if such plan meets the requirements of this section. A nongenetically engineered food plan shall contain a description of— the procedures that will be followed to assure compliance with this section; a description of the monitoring records that will be maintained; and any corrective actions that will be implemented in the event there is a deviation from the plan. The nongenetically engineered food plan and the records maintained under the plan shall be available for review and copying by the Secretary or a certifying agent. To be sold or labeled as a covered product produced with the use of genetic engineering— the covered product shall be produced and handled in compliance with a genetically engineered food plan developed and approved in accordance with subsection (b); and the labeling of or advertising material on, or in conjunction with, such covered product shall— not expressly or impliedly claim that a covered product developed with the use of genetic engineering is safer or of higher quality solely because the covered product is a product developed with the use of genetic engineering; not make any claims that are false or misleading; and contain such information as the Secretary considers appropriate. A producer or handler seeking certification under this section shall submit a genetically engineered food plan to the certifying agent and such plan shall be reviewed by the certifying agent who shall determine if such plan meets the requirements of this section. A genetically engineered food plan shall contain a description of— the procedures that will be followed to assure compliance with this section; a description of the monitoring records that will be maintained; and any corrective actions that will be implemented in the event there is a deviation from the plan. The genetically engineered food plan and the records maintained under the plan shall be available for review and copying by the Secretary or a certifying agent. With respect to a covered product that otherwise meets the criteria specified in subsection (a), the Secretary may not prevent a person— from disclosing voluntarily on the labeling of such a covered product developed with the use of genetic engineering the manner in which the product has been modified to express traits or characteristics that differ from its comparable food; or from disclosing in advertisements, on the Internet, in response to consumer inquiries, or on other communications, other than in the labeling, that a covered product was developed with the use of genetic engineering. Imported covered products may be sold or labeled as produced with or without the use of genetic engineering if the Secretary determines that such products have been produced and handled under a genetic engineering certification program that provides safeguards and guidelines governing the production and handling of such products that are at least equivalent to the requirements of this subtitle. The Secretary shall establish and implement a program to accredit a governing State official, and any private person, that meets the requirements of this section as a certifying agent for the purpose of certifying a covered product as having been produced with or without the use of genetic engineering or a genetically engineered plant, in accordance with this subtitle. To be accredited as a certifying agent under this section, a governing State official or private person shall— prepare and submit to the Secretary an application for such accreditation; have sufficient expertise in agricultural production and handling techniques as determined by the Secretary; and comply with the requirements of this section. An accreditation made under this section shall be for a period of not to exceed 5 years, as determined appropriate by the Secretary, and may be renewed. A governing State official or private person who is accredited to certify a farm or handling operation as a certified organic farm or handling operation pursuant to section 2115 of the Organic Foods Production Act of 1990 ( 7 U.S.C. 6415 ) (and such accreditation is in effect) shall be deemed to be accredited to certify covered products under this subtitle. Except as otherwise provided in this title, each person who sells, labels, or represents any covered product as having been produced without the use of genetic engineering or a genetically engineered plant or with the use of genetic engineering or a genetically engineered plant shall— maintain records in a manner prescribed by the Secretary; and make available to the Secretary, on request by the Secretary, all records associated with the covered product. A certifying agent shall— maintain all records concerning the activities of the certifying agent with respect to the certification of covered products under this subtitle in a manner prescribed by the Secretary; and make available to the Secretary, on request by the Secretary, all records associated with such activities. If a private person that was certified under this subtitle is dissolved or loses accreditation, all records and copies of records concerning the activities of the person under this subtitle shall be transferred to the Secretary. The Secretary may take such investigative actions as the Secretary considers to be necessary— to verify the accuracy of any information reported or made available under this subtitle; and to determine whether a person covered by this subtitle has committed a violation of any provision of this subtitle, including an order or regulation promulgated by the Secretary pursuant to this subtitle. In carrying out this subtitle, the Secretary may— administer oaths and affirmations; subpoena witnesses; compel attendance of witnesses; take evidence; and require the production of any records required to be maintained under this subtitle that are relevant to an investigation. Any person covered by this subtitle who, after notice and an opportunity to be heard, has been found by the Secretary to have failed or refused to provide accurate information (including a delay in the timely delivery of such information) required by the Secretary under this subtitle, shall be subject to a civil penalty of not more than $10,000. Any person who knowingly sells or labels any covered product as having been produced without the use of genetic engineering or a genetically engineered plant or with the use of genetic engineering or a genetically engineered plant, except in accordance with this subtitle, shall be subject to a civil penalty of not more than $10,000. Each day during which a violation described in subparagraph
(A)occurs shall be considered to be a separate violation. Except as provided in subparagraph (C), any person that carries out an activity described in subparagraph (B), after notice and an opportunity to be heard, shall not be eligible, for the 5-year period beginning on the date of the occurrence, to receive a certification under this subtitle with respect to any covered product. An activity referred to in subparagraph
(A)is— making a false statement; a violation described in paragraph (2)(A); attempting to have a label indicating that a covered product has been produced without the use of genetic engineering or a genetically engineered plant or with the use of genetic engineering or a genetically engineered plant affixed to a covered product that a person knows, or should have reason to know, to have been produced in a manner that is not in accordance with this subtitle; or otherwise violating the purposes of the genetically engineered food certification program established under section 291A, as determined by the Secretary. Notwithstanding subparagraph (A), the Secretary may modify or waive a period of ineligibility under this paragraph if the Secretary determines that the modification or waiver is in the best interests of the genetically engineered food certification program established under section 291A. A certifying agent shall immediately report any violation of this subtitle to the Secretary. The Secretary may, after providing notice and an opportunity to be heard, issue an order, requiring any person who the Secretary reasonably believes is selling or labeling a covered product in violation of this subtitle to cease and desist from selling or labeling such covered product as having been produced without the use of genetic engineering or a genetically engineered plant or as having been produced with the use of genetic engineering or a genetically engineered plant. The order of the Secretary imposing a cease-and-desist order under this paragraph shall be final and conclusive unless the affected person files an appeal from the Secretary’s order with the appropriate district court of the United States not later than 30 days after the date of the issuance of the order. A certifying agent that is a private person that violates the provisions of this subtitle or falsely or negligently certifies any covered product that does not meet the terms and conditions of the genetically engineered food certification program established under section 291A, as determined by the Secretary, shall, after notice and an opportunity to be heard— lose accreditation as a certifying agent under this subtitle; and be ineligible to be accredited as a certifying agent under this subtitle for a period of not less than 3 years, beginning on the date of the determination. The Secretary may, after first providing the certifying agent notice and an opportunity to be heard, suspend the accreditation of the certifying agent for a period specified in subparagraph
(B)for a violation of this subtitle. The period of a suspension under subparagraph
(A)shall terminate on the date the Secretary makes a final determination with respect to the violation that is the subject of the suspension. On request of the Secretary, the Attorney General may bring a civil action against a person in a district court of the United States to enforce this subtitle or a requirement or regulation prescribed, or an order issued, under this subtitle. The action may be brought in the judicial district in which the person does business or in which the violation occurred. There are authorized to be appropriated to establish the genetically engineered food program under section 291A, $2,000,000, to remain available until expended. Upon establishment of the genetically engineered food certification program under section 291A, the Secretary shall establish by notice, charge, and collect fees to cover the estimated costs to the Secretary of carrying out this subtitle. Fees collected under paragraph
(1)shall be deposited into a fund in the Treasury of the United States and shall remain available until expended, without further appropriation, to carry out this subtitle. .
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