The GMO labeling law, which was signed by former President Obama on July 29 of last year, allocated the USDA a mere two years to finalize the rulemaking process. During a presentation earlier this month at the Food Label Conference, Andrea Huberty, a senior policy analyst with the USDA’s AMS Livestock, Poultry, and Seed Program, mentioned that the timeline for a new federal law is quite tight under typical conditions. However, the past year has been anything but typical, especially with a new president in office—one from a different political party and with his own governance style—making Washington’s environment unpredictable. Many new regulations that were in progress when President Trump assumed office were temporarily halted as new leadership was appointed, vetted, and confirmed.
In her presentation, Huberty noted that the questions regarding the law were prepared and ready at the end of 2016, but the transition in leadership delayed their release to the public. “We’re a bit behind schedule to get this done by 2018,” she stated. “We’re still on track, but a little behind.” The inquiries issued this week will give the USDA valuable insights into the industry’s perspective on various provisions of the law and how they can be effectively implemented. The new law, crafted by lawmakers, intentionally left some ambiguous areas for food industry experts to interpret and clarify.
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 said in a written statement. “As we collaborate with the Department throughout the rule-making process, we intend to ensure the law is implemented in accordance with the biotechnology disclosure legislation passed by Congress and signed into law by the President last year.”
With the USDA now on the path to rulemaking, the question remains: will the agency complete its work on time? A year is a short period for drafting a proposal, soliciting public comments, and finalizing regulations. Nevertheless, Huberty expressed confidence in her presentation that USDA can stay on track. While optimism is encouraging, only time will tell. GMOs remain one of the more contentious topics in food manufacturing today.
Beyond the debate surrounding what qualifies as GMO and what is exempt, the law has an equally divisive aspect concerning the labeling itself. The law allows for GMO disclosure via a smartphone-scannable digital code, which has frustrated many advocates of the law. Huberty informed the Food Label Conference that a study examining the challenges of this disclosure for both consumers and retailers is expected to be completed next month. Once finished, this study will likely reignite the ongoing debate about the best methods to inform consumers about GMO ingredients.
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