S.Amdt. 4959

SA 4959. Mr. BLUMENTHAL (for himself and Mr. Murphy) submitted an
amendment intended to be proposed to amendment SA 4935 proposed by Mr.
McConnell (for Mr. Roberts) to the bill S. 764, to reauthorize and
amend the National Sea Grant College Program Act, and for other
purposes; which was ordered to lie on the table; as follows:

Beginning on page 10, strike line 4 and all that follows
through page 13, line 25 and insert the following:
``(e) State Food Labeling Standards.--
``(1) Labeling standards.--Notwithstanding subsection
(b)(1), subject to paragraph (2), a State or political
subdivision of a State may establish or continue in effect
any requirement relating to the labeling of whether a food,
food ingredient, or seed is bioengineered or was developed or
produced using bioengineering.
``(2) Requirements.--A requirement described in paragraph
(1) shall be identical to, or impose a higher standard than,
the national bioengineered food disclosure standard under
this section, such as by--
``(A) the coverage of a food not covered under the
standard;
``(B) the requirement of the disclosure of information that
is not required to be disclosed under the standard;
``(C) the requirement of an on-package disclosure;
``(D) the establishment of a standard relating to the size,
prominence, or design of an on-package disclosure;
``(E) the requirement of increased accessability to the
electronic or digital disclosure; or
``(F) the requirement that a person subject to disclosure
requirements establish more stringent procedures or practices
for recordkeeping than are required under the standard.
``(f) Consistency With Certain Laws.--The Secretary shall
consider establishing consistency between--
``(1) the national bioengineered food disclosure standard
established under this section; and
``(2) the Organic Foods Production Act of 1990 (7 U.S.C.
6501 et seq.) and any rules or regulations implementing that
Act.
``(g) Enforcement.--
``(1) Prohibited act.--It shall be a prohibited act for a
person to knowingly fail to make a disclosure as required
under this section.
``(2) Recordkeeping.--Each person subject to the mandatory
disclosure requirement under this section shall maintain, and
make available to the Secretary, on request, such records as
the Secretary determines to be customary or reasonable in the
food industry, by regulation, to establish compliance with
this section.
``(3) Examination and audit.--
``(A) In general.--The Secretary may conduct an
examination, audit, or similar activity with respect to any
records required under paragraph (2).
``(B) Notice and hearing.--A person subject to an
examination, audit, or similar activity under subparagraph
(A) shall be provided notice and opportunity for a hearing on
the results of any examination, audit, or similar activity.
``(C) Audit results.--After the notice and opportunity for
a hearing under subparagraph (B), the Secretary shall make
public the summary of any examination, audit, or similar
activity under subparagraph (A).
``(4) 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
bioengineered.

``SEC. 294. SAVINGS PROVISIONS.

``(a) Trade.--This subtitle shall be applied in a manner
consistent with United States obligations under international
agreements.
``(b) Other Authorities.--Nothing in this subtitle--
``(1) affects the authority of the Secretary of Health and
Human Services or creates any rights or obligations for any
person under the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.); or
``(2) affects the authority of the Secretary of the
Treasury or creates any rights or obligations for any person
under the Federal Alcohol Administration Act (27 U.S.C. 201
et seq.).
``(c) Other.--A food may not be considered to be `not
bioengineered', `non-GMO', 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 subtitle.
``(d) Remedies.--Nothing in this subtitle preempts any
remedy created by a State or Federal statutory or common law
right.''.
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