USDA Seeks Stakeholder Input to Support Forthcoming Proposed GM Labeling Rule


As the food industry is well aware, legislation requiring labeling of genetically modified (GM) foods was signed into law on July 29, 2016. The National Bioengineered Food Disclosure Law directs the U.S. Department of Agriculture (USDA) to develop regulations and standards to create mandatory disclosure requirements for bio-engineered foods by July 2018. Under the new law, food companies would have three options to disclose GM ingredients: the use of on-package text, a USDA-created symbol, or an internet link - i.e., a QR code printed on the package that directs customers to GM information. 

On June 28, 2017, USDA's Agricultural Marketing Service (AMS) posted a list of 30 questions to obtain stakeholder input to facilitate the drafting of mandatory disclosure requirements. The questions - which are certain to generate significant comments from industry and consumer advocates alike - can generally be divided into five broad categories: (1) Terminology, (2) Definitions, (3) Disclosures, (4) Exemptions, and (5) Compliance. Notable questions follow below.

Terminology

Definitions

Disclosures

Exemptions

Compliance

In general, many of the questions are open-ended and effectively provides industry with the opportunity to shape the forthcoming proposed rule on the federal bioengineered food disclosure requirements. As USDA begins accepting stakeholder feedback on these questions, the Agency is concurrently completing a study examining the challenges of GM disclosure through a smartphone-scannable digital code for both consumers and retailers which could potentially reignite controversy regarding the best way to inform consumers about GM ingredients.

Looking ahead, USDA officials remain optimistic that the Agency continues to be on track to meet the July 2018 deadline to publish a final rule as mandated under the National Bioengineered Food Disclosure Law. Presumably, the current request for stakeholder feedback is part of the Agency's efforts to meet this deadline by soliciting feedback on the issues they anticipate will be the most contentious in the course of the formal rulemaking process.

An exceedingly short time frame - roughly three weeks - has been provided for stakeholders to submit comments to USDA's 30 questions. Responses to the questions should be submitted to GMOlabeling@ams.usda.gov by July 17, 2017.


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National Law Review, Volume VII, Number 188