To permit States to require that any food, beverage, or other edible product offered for sale have a label on indicating that the food, beverage, or other edible product contains a genetically engineered ingredient.

SA 2310. Mr. SANDERS (for himself and Mrs. Boxer) submitted an
amendment intended to be proposed by him to the bill S. 3240, to
reauthorize agricultural programs through 2017, and for other purposes;
which was ordered to lie on the table; as follows:

On page 1009, after line 11, add the following:

SEC. 12207. CONSUMERS RIGHT TO KNOW ABOUT GENETICALLY
ENGINEERED FOOD ACT.

(a) Short Title.--This section may be cited as the
``Consumers Right to Know About Genetically Engineered Food
Act''.
(b) Findings.--Congress finds that--
(1) surveys of the American public consistently show that
90 percent or more of the people of the United States want
genetically engineered to be labeled as such;
(2) a landmark public health study in Canada found that--
(A) 93 percent of pregnant women had detectable toxins from
genetically engineered foods in their blood; and
(B) 80 percent of the babies of those women had detectable
toxins in their umbilical cords;
(3) the tenth Amendment to the Constitution of the United
States clearly reserves powers in the system of Federalism to
the States or to the people; and
(4) States have the authority to require the labeling of
foods produced through genetic engineering or derived from
organisms that have been genetically engineered.
(c) Definitions.--In this section:
(1) Genetic engineering.--
(A) In general.--The term ``genetic engineering'' means a
process that alters an organism at the molecular or cellular
level by means that are not possible under natural conditions
or processes.
(B) Inclusions.--The term ``genetic engineering''
includes--
(i) recombinant DNA and RNA techniques;
(ii) cell fusion;
(iii) microencapsulation;
(iv) macroencapsulation;
(v) gene deletion and doubling;
(vi) introduction of a foreign gene; and
(vii) changing the position of genes.
(C) Exclusions.--The term ``genetic engineering'' does not
include any modification to an organism that consists
exclusively of--
(i) breeding;
(ii) conjugation;
(iii) fermentation;
(iv) hybridization;
(v) in vitro fertilization; or
(vi) tissue culture.
(2) Genetically engineered ingredient.--The term
``genetically engineered ingredient'' means any ingredient in
any food, beverage, or other edible product that--
(A) is, or is derived from, an organism that is produced
through the intentional use of genetic engineering; or
(B) is, or is derived from, the progeny of intended sexual
reproduction, asexual reproduction, or both of 1 or more
organisms described in subparagraph (A).
(d) Right to Know.--Notwithstanding any other Federal law
(including regulations), a State may require that any food,
beverage, or other edible product offered for sale in that
State have a label on the container or package of the food,
beverage, or other edible product, indicating that the food,
beverage, or other edible product contains a genetically
engineered ingredient.
(e) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Commissioner of Food and Drugs and
the Secretary of Agriculture shall promulgate such
regulations as are necessary to carry out this section.
(f) Report.--Not later than 2 years after the date of
enactment of this Act, the Commissioner of Food and Drugs, in
consultation with the Secretary of Agriculture, shall submit
a report to Congress detailing the percentage of food and
beverages sold in the United States that contain genetically
engineered ingredients.
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