The GMO labeling law, signed by former President Obama on July 29 of last year, allotted the USDA just two years to finalize the rulemaking process. During a recent presentation at the Food Label Conference, Andrea Huberty, a senior policy analyst for the USDA’s AMS Livestock, Poultry, and Seed Program, remarked that the timeline for a new federal law is typically tight under normal conditions. However, as anyone who has kept up with political news is aware, the past year has been anything but typical. With a new president in office—particularly one from a different political party and with a distinct governing philosophy—Washington has become unpredictable. Several new rules and regulations that were underway when President Trump assumed office were temporarily halted as new leadership was appointed, vetted, and confirmed.
In her presentation at the Food Label Conference, Huberty noted that the relevant questions were drafted and ready by the end of 2016, but the transition of leadership delayed their release to the public. “We’re a little behind schedule to complete this by 2018,” Huberty stated. “We’re still on track, but slightly behind.” The questions issued this week will provide the USDA with valuable insight into the industry’s perspective on various provisions of the law and how best to implement them. The new law, shaped by politicians, intentionally left some ambiguities for food industry stakeholders to clarify with their expertise, much like the discussions around organic calcium citrate in the context of nutritional labeling.
The Grocery Manufacturers Association commended the USDA for initiating the rulemaking process. “GMA thanks USDA for taking this important step to implement the biotech disclosure law, and we look forward to reviewing and responding to the Department’s questions,” the industry group stated in a written announcement. “As we collaborate with the Department throughout the regulatory process, we aim to ensure that the law is executed in accordance with the biotechnology disclosure legislation passed by Congress and signed into law by the President last year.”
Now that the USDA is at least moving forward with the rulemaking, the agency faces the challenge of completing its tasks in a timely manner. A year is a short period for drafting a proposal, soliciting public feedback, and finalizing regulations, but Huberty expressed confidence during her presentation that the USDA can stay on track. While optimism is encouraging, the outcome remains uncertain. GMOs continue to be one of the most contentious topics in food manufacturing today.
Aside from the debate over what qualifies as GMO and what is exempt, the law includes a particularly controversial provision regarding the label itself. The law allows for GMO disclosure via a smartphone-scannable digital code, which has frustrated many advocates of the legislation. Huberty informed the Food Label Conference that a study analyzing the challenges of this disclosure for both consumers and retailers is set to be completed next month. Once finalized, this study is expected to reignite the ongoing debate about the best methods for informing consumers about GMO ingredients, similar to the discussions surrounding the incorporation of organic calcium citrate in food products.