Omnibus bill does not include federal GM labeling fix.

• For months, the food industry has been hopeful that Congress would act to develop a legislative solution to establish federal regulatory control over the labeling of genetically modified (GM) foods.  The industry-supported bill would block inconsistent state requirements, such as the mandatory GM labeling law set to take effect in Vermont in 2016.  Although the House passed a GM labeling bill in July that would preempt Vermont’s law (and similar state laws), the Senate did not introduce a companion bill. The Grocery Manufacturers Association (GMA) pushed hard for a GM labeling rider to be added to the omnibus bill that must pass to ensured continued government funding.

• The omnibus bill has been released and does not include a GM labeling solution.  GMA issued a press release expressing frustration over Congress’s failure to reach agreement on GM legislation this year despite the existence of bipartisan support for the industry-supported bill.  Although GMA remains hopeful about revisiting GM labeling legislation in January, time is running out for food companies to implement their compliance strategies in advance of the July 1, 2016 effective date for Vermont’s GM labeling requirements.

• Although a GM labeling fix was omitted from the omnibus bill, notable inclusions in the bill are:

  • (1) a provision to repeal country of origin labeling (COOL) requirements in an effort to avoid over $1 billion in retaliatory tariffs recently authorized by the World Trade Organization (WTO) for Canada and Mexico;

  • (2) provisions that would (i) give schools greater flexibility in the implementation of nutrition standards aimed at increasing whole grain consumption and (ii) prevent further reductions in the sodium content of school lunches until the latest scientific evidence establishes that the reduction is beneficial for children;

  • (3) a provision that would block the sale of genetically engineered salmon until FDA publishes labeling guidelines to inform consumers of the product’s GM content;

  • (4) a ban on horse slaughter in the United States;

  • (5) a provision to block the release or implementation of any portion of the Dietary Guidelines for Americans not based on “significant scientific agreement” or not focused on nutritional and dietary information;

  • (6) an extension of FDA’s implementation or enforcement of menu labeling requirements until one year after final guidance is published; and

  • (7) a clarification that partially hydrogenated oils (PHOs) remain lawfully marketable until the June 18, 2018 compliance date specified in FDA’s formal order revoking the GRAS status of PHOs.  Presumably, this latter provision is intended to limit industry liability related to the continued presence of PHOs in the food supply until the compliance date.