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Bill114th CongressFiled Mar 25, 2015Agriculture and Food
H.R. 1599

Safe and Accurate Food Labeling Act of 2015

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What it doesSummary passed house amended (Jul 23, 2015)

Safe and Accurate Food Labeling Act of 2015

TITLE I--FOOD SAFETY AFFIRMATION FOR CERTAIN PLANT PRODUCTS

Subtitle A--Food and Drug Administration

(Sec. 101) This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to continue the voluntary consultation process established under the FDA’s "Statement of Policy: Foods Derived from New Plant Varieties." In that process, the FDA evaluates a scientific and regulatory assessment provided by the developer of a food produced from, containing, or consisting of a plant that is a genetically engineered organism (GMO).

The FDA may require a GMO food to have a label that informs consumers of a material difference between the GMO food and a comparable food if the disclosure is necessary to protect public health and safety or to prevent the label from being false or misleading. The use of a GMO does not, by itself, constitute a material difference.

Subtitle B--Department of Agriculture

(Sec. 111) This bill amends the Plant Protection Act to allow the sale of a GMO food (including imported food and excluding plant pests) only if the FDA has determined through the consultation process that the GMO food is safe and lawful and that determination has been shared with the Department of Agriculture (USDA). The FDA and USDA must report on implementation of this process. A GMO plant may be sold for research, to produce a processing aid or enzyme, or as a nutrient source for microorganisms without meeting these requirements.

USDA must publish a list of GMO plants that can be sold as food and the determinations made by the FDA and USDA regarding those foods.

(Sec. 113) State and local requirements for GMO food are preempted by this Act.

TITLE II--GENETIC ENGINEERING CERTIFICATION

(Sec. 201) This bill amends the Agricultural Marketing Act of 1946 to require the Agricultural Marketing Service (AMS) to establish a voluntary genetically engineered food certification program. This program must be implemented through certifying agents accredited by the AMS.

For a food to be sold as a product produced without genetic engineering (non-GMO), the food must be subject to supply chain process controls that keep the product separated from GMOs and must be produced and handled in compliance with a non-genetically engineered food plan, which is a description of procedures to ensure compliance, monitoring records, and corrective actions in the event of a deviation from the plan.

For food derived from livestock to be sold as non-GMO, the product, livestock, feed, and products used in processing the feed must be produced without GMOs.

A food’s label or advertising cannot suggest that non-GMO foods are safer or of higher quality than GMO foods.

For a food to be sold as a GMO food, it must be produced and handled in compliance with a genetically engineered food plan. A GMO food’s label or advertising cannot suggest that it is safer or of higher quality solely because it is GMO.

The AMS must allow a person to voluntarily disclose how a product has been genetically engineered.

Imported products may be labeled as produced with or without genetic engineering if the products have been produced and handled under a genetic engineering certification program that provides safeguards and guidelines at least equivalent to the AMS’s requirements.

(Sec. 203) State and local requirements for the labeling of GMO products are preempted unless the state or local government establishes a program that matches the programs described in this Act.

(Sec. 204) Claims made before enactment of this Act regarding whether a product was produced with or without genetic engineering may continue to be made for 36 months after enactment of this Act. After that period, the claims must meet the standards in this Act. Products from certified organic producers are deemed to be certified non-GMO.

TITLE III--NATURAL FOODS

(Sec. 302) The FDA must regulate the term “natural” on food labeling.

(Sec. 303) State and local requirements for the term “natural” are preempted by FDA regulations.

What just happenedJul 24, 2015

Received in the Senate and Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.

Who’s behind it

Rep. Pompeo, Mike [R-KS-4](R-KS)Sponsor
106 cosponsors15 D91 R
Read on Congress.gov
106cosponsors3committees36actions5amendments1related bills10subjects
  1. Jul 24, 2015IntroReferral

    Received in the Senate and Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.

    Agriculture, Nutrition, and Forestry Committee
  2. Jul 23, 2015FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  3. Jul 23, 2015FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  4. Jul 23, 2015FloorH37100

    On passage Passed by recorded vote: 275 - 150 (Roll no. 462).

  5. Jul 23, 2015Floor8000

    Passed/agreed to in House: On passage Passed by recorded vote: 275 - 150 (Roll no. 462).

  6. Jul 23, 2015FloorH34400

    The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of measure in the nature of a substitute: CR H5426-5430)

  7. Jul 23, 2015FloorH35000

    The previous question was ordered pursuant to the rule. (consideration: CR H5438)

  8. Jul 23, 2015FloorH32600

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1599.

  9. Jul 23, 2015FloorH8D000

    UNFINISHED BUSINESS - The Chair announced that the unfinished business was on adoption of amendments, which had been debated earlier and on which further proceedings had been postponed.

  10. Jul 23, 2015FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 369, the Committee of the Whole proceeded with 10 minutes of debate on the Pingree amendment No. 4.

  11. Jul 23, 2015FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the DeLauro amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Ms. DeLauro demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

  12. Jul 23, 2015FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 369, the Committee of the Whole proceeded with 10 minutes of debate on the DeLauro amendment No. 3.

  13. Jul 23, 2015FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Huffman amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Huffman demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

  14. Jul 23, 2015FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 369, the Committee of the Whole proceeded with 10 minutes of debate on the Huffman amendment No. 2.

  15. Jul 23, 2015FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the DeFazio amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. DeFazio demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

  16. Jul 23, 2015FloorH8D000

    DEBATE - Pursuant to the provisions of H.Res. 369, the Committee of the Whole proceeded with 10 minutes of debate on the DeFazio amendment No. 1.

  17. Jul 23, 2015FloorH8D000

    GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1599.

  18. Jul 23, 2015FloorH32400

    The Speaker designated the Honorable Michael K. Simpson to act as Chairman of the Committee.

  19. Jul 23, 2015FloorH32020

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 369 and Rule XVIII.

  20. Jul 23, 2015FloorH8D000

    Resolution provides for consideration of H.R. 1599 and H.R. 1734.

  21. Jul 23, 2015FloorH30000

    Considered under the provisions of rule H. Res. 369. (consideration: CR H5416-5439)

  22. Jul 21, 2015FloorH1L210

    Rules Committee Resolution H. Res. 369 Reported to House. Resolution provides for consideration of H.R. 1599 and H.R. 1734.

  23. Jul 21, 2015CommitteeH12210

    Supplemental report filed by the Committee on Agriculture, H. Rept. 114-208, Part II.

    Agriculture Committee
  24. Jul 21, 2015Committee5000

    Supplemental report filed by the Committee on Agriculture, H. Rept. 114-208, Part II.

    Agriculture Committee
  25. Jul 21, 2015FloorH8D000

    Mr. Conaway asked unanimous consent that the Committee on Agriculture be authorized to file a supplemental report on H.R. 1599. Agreed to without objection.

  26. Jul 16, 2015CommitteeH12200

    Reported (Amended) by the Committee on Agriculture. H. Rept. 114-208, Part I.

    Agriculture Committee
  27. Jul 16, 2015Committee5000

    Reported (Amended) by the Committee on Agriculture. H. Rept. 114-208, Part I.

    Agriculture Committee
  28. Jul 14, 2015Committee

    Ordered to be Reported (Amended) by Voice Vote.

    Agriculture Committee
  29. Jul 14, 2015Committee

    Committee Consideration and Mark-up Session Held.

    Agriculture Committee
  30. Apr 8, 2015Committee

    Referred to the Subcommittee on Biotechnology, Horticulture, and Research.

    Conservation, Research, and Biotechnology Subcommittee
  31. Mar 27, 2015Committee

    Referred to the Subcommittee on Health.

    Health Subcommittee
  32. Mar 25, 2015IntroReferralH11100

    Referred to the Committee on Energy and Commerce, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

    Agriculture Committee
  33. Mar 25, 2015IntroReferralH11100-A

    Referred to the Committee on Energy and Commerce, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  34. Mar 25, 2015IntroReferralH11100

    Referred to the Committee on Energy and Commerce, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

    Energy and Commerce Committee
  35. Mar 25, 2015IntroReferralIntro-H

    Introduced in House

  36. Mar 25, 2015IntroReferral1000

    Introduced in House

Passed House amendedJul 23, 201536

Safe and Accurate Food Labeling Act of 2015

TITLE I--FOOD SAFETY AFFIRMATION FOR CERTAIN PLANT PRODUCTS

Subtitle A--Food and Drug Administration

(Sec. 101) This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to continue the voluntary consultation process established under the FDA’s "Statement of Policy: Foods Derived from New Plant Varieties." In that process, the FDA evaluates a scientific and regulatory assessment provided by the developer of a food produced from, containing, or consisting of a plant that is a genetically engineered organism (GMO).

The FDA may require a GMO food to have a label that informs consumers of a material difference between the GMO food and a comparable food if the disclosure is necessary to protect public health and safety or to prevent the label from being false or misleading. The use of a GMO does not, by itself, constitute a material difference.

Subtitle B--Department of Agriculture

(Sec. 111) This bill amends the Plant Protection Act to allow the sale of a GMO food (including imported food and excluding plant pests) only if the FDA has determined through the consultation process that the GMO food is safe and lawful and that determination has been shared with the Department of Agriculture (USDA). The FDA and USDA must report on implementation of this process. A GMO plant may be sold for research, to produce a processing aid or enzyme, or as a nutrient source for microorganisms without meeting these requirements.

USDA must publish a list of GMO plants that can be sold as food and the determinations made by the FDA and USDA regarding those foods.

(Sec. 113) State and local requirements for GMO food are preempted by this Act.

TITLE II--GENETIC ENGINEERING CERTIFICATION

(Sec. 201) This bill amends the Agricultural Marketing Act of 1946 to require the Agricultural Marketing Service (AMS) to establish a voluntary genetically engineered food certification program. This program must be implemented through certifying agents accredited by the AMS.

For a food to be sold as a product produced without genetic engineering (non-GMO), the food must be subject to supply chain process controls that keep the product separated from GMOs and must be produced and handled in compliance with a non-genetically engineered food plan, which is a description of procedures to ensure compliance, monitoring records, and corrective actions in the event of a deviation from the plan.

For food derived from livestock to be sold as non-GMO, the product, livestock, feed, and products used in processing the feed must be produced without GMOs.

A food’s label or advertising cannot suggest that non-GMO foods are safer or of higher quality than GMO foods.

For a food to be sold as a GMO food, it must be produced and handled in compliance with a genetically engineered food plan. A GMO food’s label or advertising cannot suggest that it is safer or of higher quality solely because it is GMO.

The AMS must allow a person to voluntarily disclose how a product has been genetically engineered.

Imported products may be labeled as produced with or without genetic engineering if the products have been produced and handled under a genetic engineering certification program that provides safeguards and guidelines at least equivalent to the AMS’s requirements.

(Sec. 203) State and local requirements for the labeling of GMO products are preempted unless the state or local government establishes a program that matches the programs described in this Act.

(Sec. 204) Claims made before enactment of this Act regarding whether a product was produced with or without genetic engineering may continue to be made for 36 months after enactment of this Act. After that period, the claims must meet the standards in this Act. Products from certified organic producers are deemed to be certified non-GMO.

TITLE III--NATURAL FOODS

(Sec. 302) The FDA must regulate the term “natural” on food labeling.

(Sec. 303) State and local requirements for the term “natural” are preempted by FDA regulations.
Reported to House amended, Part IJul 16, 201518

Safe and Accurate Food Labeling Act of 2015

TITLE I--FOOD SAFETY AFFIRMATION FOR CERTAIN PLANT PRODUCTS

Subtitle A--Food and Drug Administration

(Sec. 101) This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to continue the voluntary consultation process established under the FDA’s "Statement of Policy: Foods Derived from New Plant Varieties." In that process, the FDA evaluates a scientific and regulatory assessment provided by the developer of a food produced from, containing, or consisting of a plant that is a genetically engineered organism (GMO).

The FDA may require a GMO food to have a label that informs consumers of a material difference between the GMO food and a comparable food if the disclosure is necessary to protect public health and safety or to prevent the label from being false or misleading. The use of a GMO does not, by itself, constitute a material difference.

Subtitle B--Department of Agriculture

(Sec. 111) This bill amends the Plant Protection Act to allow the sale of a GMO food (including imported food and excluding plant pests) only if the FDA has determined through the consultation process that the GMO food is as safe as comparable foods and that determination has been shared with the Department of Agriculture (USDA). The FDA and USDA must report on implementation of this process. A GMO plant may be sold for research, to produce a processing aid or enzyme, or as a nutrient source for microorganisms without meeting these requirements.

USDA must publish a list of GMO plants that can be sold as food and the determinations made by the FDA and USDA regarding those foods.

(Sec. 113) State and local requirements for GMO food are preempted by this Act.

TITLE II--GENETIC ENGINEERING CERTIFICATION

(Sec. 201) This bill amends the Agricultural Marketing Act of 1946 to require the Agricultural Marketing Service (AMS) to establish a voluntary genetically engineered food certification program. This program must be implemented through certifying agents accredited by the AMS.

For a food to be sold as a product produced without genetic engineering (non-GMO), the food must be subject to supply chain process controls that keep the product separated from GMOs and must be produced and handled in compliance with a non-genetically engineered food plan, which is a description of procedures to ensure compliance, monitoring records, and corrective actions in the event of a deviation from the plan.

For food derived from livestock to be sold as non-GMO, the product, livestock, feed, and products used in processing the feed must be produced without GMOs.

A food’s label or advertising cannot suggest that non-GMO foods are safer or of higher quality than GMO foods.

For a food to be sold as a GMO food, it must be produced and handled in compliance with a genetically engineered food plan. A GMO food’s label or advertising cannot suggest that it is safer or of higher quality solely because it is GMO.

The AMS must allow a person to voluntarily disclose how a product has been genetically engineered.

Imported products may be labeled as produced with or without genetic engineering if the products have been produced and handled under a genetic engineering certification program that provides safeguards and guidelines at least equivalent to the AMS’s requirements.

(Sec. 203) State and local requirements for the labeling of GMO products are preempted unless the state or local government establishes a program that matches the programs described in this Act.

(Sec. 204) Claims made before enactment of this Act regarding whether a product was produced with or without genetic engineering may continue to be made for 36 months after enactment of this Act. After that period, the claims must meet the standards in this Act. Products from certified organic producers are deemed to be certified non-GMO.

TITLE III--NATURAL FOODS

(Sec. 302) The FDA must regulate the term “natural” on food labeling.

(Sec. 303) State and local requirements for the term “natural” are preempted by FDA regulations.
Introduced in HouseMar 25, 2015

Safe and Accurate Food Labeling Act of 2015

This bill amends the Federal Food, Drug, and Cosmetic Act to require the developer of a bioengineered organism intended as food to submit a premarket biotechnology notification to the Food and Drug Administration (FDA). A “bioengineered organism” (commonly called a “genetically modified organism” or “GMO”) is a plant or part of a plant that has been modified through recombinant DNA techniques in a way that could not be obtained using conventional breeding techniques.

The premarket notification must include the developer’s determination that food from, containing, or consisting of the GMO (GMO food) is as safe as a comparable non-GMO food. For the GMO to be sold as food, the FDA must not object to the developer’s determination. If the FDA determines that there is a material difference between a GMO food and a comparable non-GMO food, the FDA can specify labeling that informs consumers of the difference.

A food label can only claim that a food is non-GMO if the ingredients are subject to certain supply chain process controls. No food label can suggest that non-GMO foods are safer than GMO foods. A food can be labeled as non-GMO even if it is produced with a GMO processing aid or enzyme or derived from animals fed GMO feed or given GMO drugs.

The FDA must allow, but not require, GMO food to be labeled as GMO.

The FDA must regulate the use of “natural” on food labels.

This bill amends the Agricultural Marketing Act of 1946 to require the Agricultural Marketing Service to establish a program to certify non-GMO food.

This bill preempts state and local restrictions on GMOs or GMO food and labeling requirements for GMOs, GMO food, non-GMO food, or “natural” food.
Safe and Accurate Food Labeling Act of 2015 — Informed