§1639. Definitions — Inbound Citations
7 U.S.C. § 1639
Cited by 89 provisions in release 119-102.
Citations to 7 U.S.C. § 1639 as a whole
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(b) The definition of the term “bioengineering” under section 1639 of this title shall not affect any other definition, program, rule, or regulation of the Federal Government.
Citations to §1639(1)
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(b) The definition of the term “bioengineering” under section 1639 of this title shall not affect any other definition, program, rule, or regulation of the Federal Government.
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(3) For the purpose of regulations promulgated and food disclosures made pursuant to paragraph (2), a bioengineered food that has successfully completed the pre-market Federal regulatory review process shall not be treated as safer than, or not as safe as, a non-bioengineered counterpart of the food solely because the food is bioengineered or produced or developed with the use of bioengineering.
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(1) Not later than 1 year after July 29, 2016, the Secretary shall conduct a study to identify potential technological challenges that may impact whether consumers would have access to the bioengineering disclosure through electronic or digital disclosure methods.
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(3) The study conducted under paragraph (1) shall consider whether consumer access to the bioengineering disclosure through electronic or digital disclosure methods under this subchapter would be affected by the following factors:(A) The availability of wireless Internet or cellular networks.(B) The availability of landline telephones in stores.(D) The efforts that retailers and other entities have taken to address potential technology and infrastructure challenges.(E) The costs and benefits of installing in retail stores electronic or digital link scanners or other evolving technology that provide bioengineering disclosure information.
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(E) The costs and benefits of installing in retail stores electronic or digital link scanners or other evolving technology that provide bioengineering disclosure information.
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(4) If the Secretary determines in the study conducted under paragraph (1) that consumers, while shopping, would not have sufficient access to the bioengineering disclosure through electronic or digital disclosure methods, the Secretary, after consultation with food retailers and manufacturers, shall provide additional and comparable options to access the bioengineering disclosure.
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(2) the electronic or digital link will provide access to the bioengineering disclosure located, in a consistent and conspicuous manner, on the first product information page that appears for the product on a mobile device, Internet website, or other landing page, which shall exclude marketing and promotional information;
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(4) the electronic or digital link disclosure also includes a telephone number that provides access to the bioengineering disclosure; and
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(e) Notwithstanding section 1639i of this title, no State or political subdivision of a State may directly or indirectly establish under any authority or continue in effect as to any food in interstate commerce any requirement relating to the labeling or disclosure of whether a food is bioengineered or was developed or produced using bioengineering for a food that is the subject of the national bioengineered food disclosure standard under this section that is not identical to the mandatory disclosure requirement under that standard.
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(c) 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 subchapter.
Citations to §1639(2)
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(c) This subchapter shall apply only to a food subject to—(1) the labeling requirements under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); or(2) the labeling requirements under the Federal 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(i) the most predominant ingredient of the food is broth, stock, water, or a similar solution; and(ii) the second-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.).
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(1) the labeling requirements under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); or
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(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
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(i) the most predominant ingredient of the food is broth, stock, water, or a similar solution; and
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(ii) the second-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.).
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(D) in accordance with subsection (d), require that the form of a food disclosure under this section be a text, symbol, or electronic or digital link, but excluding Internet website Uniform Resource Locators not embedded in the link, with the disclosure option to be selected by the food manufacturer;
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(E) provide alternative reasonable disclosure options for food contained in small or very small packages;
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(F) in the case of small food manufacturers, provide—(i) an implementation date that is not earlier than 1 year after the implementation date for regulations promulgated in accordance with this section; and(ii) on-package disclosure options, in addition to those available under subparagraph (D), to be selected by the small food manufacturer, that consist of—(I) a telephone number accompanied by appropriate language to indicate that the phone number provides access to additional information; and(II) an Internet website maintained by the small food manufacturer in a manner consistent with subsection (d), as appropriate; and
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(ii) on-package disclosure options, in addition to those available under subparagraph (D), to be selected by the small food manufacturer, that consist of—(I) a telephone number accompanied by appropriate language to indicate that the phone number provides access to additional information; and(II) an Internet website maintained by the small food manufacturer in a manner consistent with subsection (d), as appropriate; and
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(II) an Internet website maintained by the small food manufacturer in a manner consistent with subsection (d), as appropriate; and
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(ii) very small food manufacturers.
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(3) For the purpose of regulations promulgated and food disclosures made pursuant to paragraph (2), a bioengineered food that has successfully completed the pre-market Federal regulatory review process shall not be treated as safer than, or not as safe as, a non-bioengineered counterpart of the food solely because the food is bioengineered or produced or developed with the use of bioengineering.
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(4) If the Secretary determines in the study conducted under paragraph (1) that consumers, while shopping, would not have sufficient access to the bioengineering disclosure through electronic or digital disclosure methods, the Secretary, after consultation with food retailers and manufacturers, shall provide additional and comparable options to access the bioengineering disclosure.
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(A) the electronic or digital link disclosure, indicating that the electronic or digital link will provide access to an Internet website or other landing page by stating only “Scan here for more food information”, or equivalent language that only reflects technological changes; or
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(B) any telephone number disclosure, indicating that the telephone number will provide access to additional information by stating only “Call for more food information.”;
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(e) Notwithstanding section 1639i of this title, no State or political subdivision of a State may directly or indirectly establish under any authority or continue in effect as to any food in interstate commerce any requirement relating to the labeling or disclosure of whether a food is bioengineered or was developed or produced using bioengineering for a food that is the subject of the national bioengineered food disclosure standard under this section that is not identical to the mandatory disclosure requirement under that standard.
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(1) the national bioengineered food disclosure standard established under this section; and
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(2) the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) and any rules or regulations implementing that Act.
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(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
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(c) 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 subchapter.
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(a) In this subchapter, the term “food” has the meaning given the term in section 321 of title 21.
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(b) No State or a political subdivision of a State may directly or indirectly establish under any authority or continue in effect as to any food or seed in interstate commerce any requirement relating to the labeling of whether a food (including food served in a restaurant or similar establishment) or seed is genetically engineered (which shall include such other similar terms as determined by the Secretary of Agriculture) or was developed or produced using genetic engineering, including any requirement for claims that a food or seed is or contains an ingredient that was developed or produced using genetic engineering.
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(1) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.);
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(3) the authority of the Commissioner of Food and Drugs and the Secretary of Health and Human Services—(A) under—(i) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); or(ii) section 262 of title 42; or(B) to promulgate Federal regulations and guidelines that relate to the production of hemp under the Act described in subparagraph (A)(i) or the section described in subparagraph (A)(ii).
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(i) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); or
Citations to §1639(3)
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(a) Not later than 2 years after July 29, 2016, the Secretary shall—(1) establish a national mandatory bioengineered food disclosure standard with respect to any bioengineered food and any food that may be bioengineered; and(2) establish such requirements and procedures as the Secretary determines necessary to carry out the standard.
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(2) establish such requirements and procedures as the Secretary determines necessary to carry out the standard.
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(2) 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 bioengineered substance;(B) determine the amounts of a bioengineered substance that may be present in food, as appropriate, in order for the food to be a bioengineered food;(C) establish a process for requesting and granting a determination by the Secretary regarding other factors and conditions under which a food is considered a bioengineered food;(D) in accordance with subsection (d), require that the form of a food disclosure under this section be a text, symbol, or electronic or digital link, but excluding Internet website Uniform Resource Locators not embedded in the link, with the disclosure option to be selected by the food manufacturer;(E) provide alternative reasonable disclosure options for food contained in small or very small packages;(F) in the case of small food manufacturers, provide—(i) an implementation date that is not earlier than 1 year after the implementation date for regulations promulgated in accordance with this section; and(ii) on-package disclosure options, in addition to those available under subparagraph (D), to be selected by the small food manufacturer, that consist of—(I) a telephone number accompanied by appropriate language to indicate that the phone number provides access to additional information; and(II) an Internet website maintained by the small food manufacturer in a manner consistent with subsection (d), as appropriate; and(G) exclude—(ii) very small food manufacturers.
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(1) Not later than 1 year after July 29, 2016, the Secretary shall conduct a study to identify potential technological challenges that may impact whether consumers would have access to the bioengineering disclosure through electronic or digital disclosure methods.
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(2) In conducting the study under paragraph (1), the Secretary shall solicit and consider comments from the public.
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(4) If the Secretary determines in the study conducted under paragraph (1) that consumers, while shopping, would not have sufficient access to the bioengineering disclosure through electronic or digital disclosure methods, the Secretary, after consultation with food retailers and manufacturers, shall provide additional and comparable options to access the bioengineering disclosure.
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(d) In promulgating regulations under this section, the Secretary shall ensure that—(1) on-package language accompanies—(A) the electronic or digital link disclosure, indicating that the electronic or digital link will provide access to an Internet website or other landing page by stating only “Scan here for more food information”, or equivalent language that only reflects technological changes; or(B) any telephone number disclosure, indicating that the telephone number will provide access to additional information by stating only “Call for more food information.”;(2) the electronic or digital link will provide access to the bioengineering disclosure located, in a consistent and conspicuous manner, on the first product information page that appears for the product on a mobile device, Internet website, or other landing page, which shall exclude marketing and promotional information;(A) the electronic or digital link disclosure may not collect, analyze, or sell any personally identifiable information about consumers or the devices of consumers; but(B) if information described in subparagraph (A) must be collected to carry out the purposes of this subchapter, that information shall be deleted immediately and not used for any other purpose;(4) the electronic or digital link disclosure also includes a telephone number that provides access to the bioengineering disclosure; and(5) the electronic or digital link disclosure is of sufficient size to be easily and effectively scanned or read by a digital device.
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(f) 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.
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(A) The Secretary may conduct an examination, audit, or similar activity with respect to any records required under paragraph (2).
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(C) 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).
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(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
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(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.).
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(b) No State or a political subdivision of a State may directly or indirectly establish under any authority or continue in effect as to any food or seed in interstate commerce any requirement relating to the labeling of whether a food (including food served in a restaurant or similar establishment) or seed is genetically engineered (which shall include such other similar terms as determined by the Secretary of Agriculture) or was developed or produced using genetic engineering, including any requirement for claims that a food or seed is or contains an ingredient that was developed or produced using genetic engineering.
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(1) A State or Indian tribe desiring to have primary regulatory authority over the production of hemp in the State or territory of the Indian tribe shall submit to the Secretary, through the State department of agriculture (in consultation with the Governor and chief law enforcement officer of the State) or the Tribal government, as applicable, a plan under which the State or Indian tribe monitors and regulates that production as described in paragraph (2).
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(vi) a procedure for submitting the information described in section 1639q(d)(2) of this title, as applicable, to the Secretary not more than 30 days after the date on which the information is received; and
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(1) Not later than 60 days after receipt of a State or Tribal plan under subsection (a), the Secretary shall—(A) approve the State or Tribal plan if the State or Tribal plan complies with subsection (a); or(B) disapprove the State or Tribal plan only if the State or Tribal plan does not comply with subsection (a).
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(2) If the Secretary disapproves a State or Tribal plan under paragraph (1)(B), the State, through the State department of agriculture (in consultation with the Governor and chief law enforcement officer of the State) or the Tribal government, as applicable, may submit to the Secretary an amended State or Tribal plan that complies with subsection (a).
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(3) The Secretary shall consult with the Attorney General in carrying out this subsection.
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(1) The Secretary may conduct an audit of the compliance of a State or Indian tribe with a State or Tribal plan approved under subsection (b).
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(2) If the Secretary determines under an audit conducted under paragraph (1) that a State or Indian tribe is not materially in compliance with a State or Tribal plan—(A) the Secretary shall collaborate with the State or Indian tribe to develop a corrective action plan in the case of a first instance of noncompliance; and
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(A) the Secretary shall collaborate with the State or Indian tribe to develop a corrective action plan in the case of a first instance of noncompliance; and
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(d) The Secretary may provide technical assistance to a State or Indian tribe in the development of a State or Tribal plan under subsection (a).
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(1) In the case of a State or Indian tribe for which a State or Tribal plan is not approved under section 1639p of this title, the production of hemp in that State or the territory of that Indian tribe shall be subject to a plan established by the Secretary to monitor and regulate that production in accordance with paragraph (2).
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(2) A plan established by the Secretary under paragraph (1) shall include—(A) a practice to maintain relevant information regarding land on which hemp is produced in the State or territory of the Indian tribe, including a legal description of the land, for a period of not less than 3 calendar years;(B) a procedure for testing, using post-decarboxylation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp produced in the State or territory of the Indian tribe;(C) a procedure for the effective disposal of—(i) plants, whether growing or not, that are produced in violation of this subchapter; and(ii) products derived from those plants;(D) a procedure to comply with the enforcement procedures under subsection (c)(2);(E) a procedure for conducting annual inspections of, at a minimum, a random sample of hemp producers to verify that hemp is not produced in violation of this subchapter; and(F) such other practices or procedures as the Secretary considers to be appropriate, to the extent that the practice or procedure is consistent with this subchapter.
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(F) such other practices or procedures as the Secretary considers to be appropriate, to the extent that the practice or procedure is consistent with this subchapter.
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(b) The Secretary shall establish a procedure to issue licenses to hemp producers in accordance with a plan established under subsection (a).
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(1) In the case of a State or Indian tribe for which a State or Tribal plan is not approved under section 1639p of this title, it shall be unlawful to produce hemp in that State or the territory of that Indian tribe without a license issued by the Secretary under subsection (b).
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(2) A violation of a plan established under subsection (a) shall be subject to enforcement in accordance with paragraphs (2) and (3) of section 1639p(e) of this title, except that the Secretary shall carry out that enforcement instead of a State department of agriculture or Tribal government.
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(3) In the case of a State or Indian tribe covered by paragraph (1), the Secretary shall report the production of hemp without a license issued by the Secretary under subsection (b) to the Attorney General.
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(1) The Secretary shall—(A) collect the information described in paragraph (2); and(B) make the information collected under subparagraph (A) accessible in real time to Federal, State, territorial, and local law enforcement.
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(2) The information collected by the Secretary under paragraph (1) shall include—(A) contact information for each hemp producer in a State or the territory of an Indian tribe for which—(i) a State or Tribal plan is approved under section 1639p(b) of this title; or(ii) a plan is established by the Secretary under this section;(B) a legal description of the land on which hemp is grown by each hemp producer described in subparagraph (A); and(C) for each hemp producer described in subparagraph (A)—(i) the status of—(I) a license or other required authorization from the State department of agriculture or Tribal government, as applicable; or(II) a license from the Secretary; and(ii) any changes to the status.
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(ii) a plan is established by the Secretary under this section;
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(II) a license from the Secretary; and
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(A) The Secretary shall promulgate regulations and guidelines to implement this subchapter as expeditiously as practicable.
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(B) The Secretary shall consult with the Attorney General on the promulgation of regulations and guidelines under subparagraph (A).
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(2) The Secretary shall annually submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing updates on the implementation of this subchapter.
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(b) Subject to subsection (c)(3)(B), the Secretary shall have sole authority to promulgate Federal regulations and guidelines that relate to the production of hemp, including Federal regulations and guidelines that relate to the implementation of sections 1639p and 1639q of this title.
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(3) the authority of the Commissioner of Food and Drugs and the Secretary of Health and Human Services—(A) under—(i) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); or(ii) section 262 of title 42; or(B) to promulgate Federal regulations and guidelines that relate to the production of hemp under the Act described in subparagraph (A)(i) or the section described in subparagraph (A)(ii).