Senator Richard Durbin (D-Ill.) has introduced a bill (S. 3095) that would amend the federal Food, Drug, and Cosmetic Act to “require premarket consultation and approval with respect to genetically engineered foods.” The Genetically Engineered Foods Act, which has been referred to the Committee on Agriculture, Nutrition, and Forestry, defines genetic engineering as “a transformation event,” i.e., one that involves “the introduction into an organism of genetic material that has been manipulated in vitro,” “to derive food from a plant or animal or to produce an animal.” Any producer of a genetically engineered food would be required to obtain FDA approval before introducing such food into interstate commerce. Such approval would require a determination that the food is (i) safe, (ii) safe under specified conditions of use, or (iii) not safe because the food “contains genes that confer antibiotic resistance,” “contains an allergen,” or “presents 1 or more other safety…