7 U.S.C. § 1639 — Definitions

Page 946 TITLE 7—AGRICULTURE § 1639 2008, except for ‘‘farm-raised fish’’ and ‘‘wild fish’’ which shall be September 30, 2004. (Aug. 14, 1946, ch. 966, title II, § 285, as added Pub. L. 107–171, title X, § 10816, May 13, 2002, 116 Stat. 535; amended Pub. L. 108–199, div. A, title VII, § 749, Jan. 23, 2004, 118 Stat. 37; Pub. L. 109–97, title VII, § 792, Nov. 10, 2005, 119 Stat. 2164.) Editorial Notes AMENDMENTS 2005—Pub. L. 109–97 substituted ‘‘2008’’ for ‘‘2006’’. 2004—Pub. L. 108–199 substituted ‘‘2006, except for ‘farm-raised fish’ and ‘wild fish’ which shall be Sep- tember 30, 2004’’ for ‘‘2004’’. SUBCHAPTER V—NATIONAL BIOENGI- NEERED FOOD DISCLOSURE STANDARD § 1639. Definitions In this subchapter: (1) Bioengineering The term ‘‘bioengineering’’, and any similar term, as determined by the Secretary, with re- spect to a food, refers to a food— (A) that contains genetic material that has been modified through in vitro recom- binant deoxyribonucleic acid (DNA) tech- niques; and (B) for which the modification could not otherwise be obtained through conventional breeding or found in nature. (2) Food The term ‘‘food’’ means a food (as defined in section 321 of title 21) that is intended for human consumption. (3) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture. (Aug. 14, 1946, ch. 966, title II, § 291, as added Pub. L. 114–216, § 1, July 29, 2016, 130 Stat. 834.) § 1639a. Applicability (a) In general This subchapter shall apply to any claim in a disclosure that a food bears that indicates that the food is a bioengineered food. (b) Application of definition The definition of the term ‘‘bioengineering’’ under section 1639 of this title shall not affect any other definition, program, rule, or regula- tion of the Federal Government. (c) Application to foods This subchapter shall apply only to a food sub- ject to— (1) the labeling requirements under the Fed- eral Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); or (2) the labeling requirements under the Fed- eral Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products Inspection Act (21 U.S.C. 1031 et seq.) only if— (A) the most predominant ingredient of the food would independently be subject to the labeling requirements under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); or (B)(i) the most predominant ingredient of the food is broth, stock, water, or a similar solution; and (ii) the second-most predominant ingre- dient of the food would independently be subject to the labeling requirements under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). (Aug. 14, 1946, ch. 966, title II, § 292, as added Pub. L. 114–216, § 1, July 29, 2016, 130 Stat. 834.) Editorial Notes REFERENCES IN TEXT The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (c)(1), (2)(A), (B)(ii), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see sec- tion 301 of Title 21 and Tables. The Federal Meat Inspection Act, referred to in sub- sec. (c)(2), is titles I to IV of act Mar. 4, 1907, ch. 2907, as added Pub. L. 90–201, Dec. 15, 1967, 81 Stat. 584, which are classified generally to subchapters I to IV (§ 601 et seq.) of Title 21, Food and Drugs. For complete classi- fication of this Act to the Code, see Short Title note set out under section 601 of Title 21 and Tables. The Poultry Products Inspection Act, referred to in subsec. (c)(2), is Pub. L. 85–172, Aug. 28, 1957, 71 Stat. 441, which is classified generally to chapter 10 (§ 451 et seq.) of Title 21, Food and Drugs. For complete classi- fication of this Act to the Code, see Short Title note set out under section 451 of Title 21 and Tables. The Egg Products Inspection Act, referred to in sub- sec. (c)(2), is Pub. L. 91–597, Dec. 29, 1970, 84 Stat. 1620, which is classified principally to chapter 15 (§ 1031 et seq.) of Title 21, Food and Drugs. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1031 of Title 21 and Tables. § 1639b. Establishment of national bioengineered food disclosure standard (a) Establishment of mandatory standard Not later than 2 years after July 29, 2016, the Secretary shall— (1) establish a national mandatory bioengi- neered food disclosure standard with respect to any bioengineered food and any food that may be bioengineered; and (2) establish such requirements and proce- dures as the Secretary determines necessary to carry out the standard. (b) Regulations (1) In general A food may bear a disclosure that the food is bioengineered only in accordance with regula- tions promulgated by the Secretary in accord- ance with this subchapter. (2) Requirements A regulation promulgated by the Secretary in carrying out this subchapter shall— (A) prohibit a food derived from an animal to be considered a bioengineered food solely because the animal consumed feed produced from, containing, or consisting of a bioengi- neered substance; (B) determine the amounts of a bioengi- neered substance that may be present in food, as appropriate, in order for the food to be a bioengineered food;