The GMO labeling law, enacted by then-President Obama on July 29 of last year, mandates that the USDA completes the rulemaking process within a two-year timeframe. During a presentation earlier this month at the Food Label Conference, Andrea Huberty, a senior policy analyst for the USDA’s AMS Livestock, Poultry, and Seed Program, stated that the timeline for a new federal law is typically tight under normal circumstances. However, as anyone who has followed political developments knows, the past year has been far from normal. With a new president in place—especially one from a different political party and with his own governing philosophy—Washington has become quite unpredictable. Several new regulations that were under consideration when President Trump took office were temporarily halted as new leaders were appointed, vetted, and confirmed.
At her presentation, Huberty mentioned that the questions related to the rule were drafted and prepared by the end of 2016, but the transition of leadership delayed their release to the public. “We’re slightly behind schedule to complete this by 2018,” Huberty noted. “We’re still on track, but running a bit late.” The questions issued this week will help the USDA gauge industry opinions on specific provisions in the law and how they can be effectively implemented. The new legislation, crafted by lawmakers, intentionally left some areas ambiguous for food industry stakeholders to provide their insights.
The Grocery Manufacturers Association commended the USDA for initiating the rulemaking process. “GMA appreciates USDA for taking this crucial step towards implementing the biotech disclosure law, and we look forward to reviewing and responding to the Department’s inquiries,” the industry group stated in a written release. “Throughout the rule-making process, we aim to ensure that the law is executed in accordance with the biotechnology disclosure legislation passed by Congress and signed by the President last year.”
Now that the USDA is on track for rulemaking, the question remains: will they complete their work on time? A year is a short span for drafting a proposal, inviting public comments, and finalizing regulations. However, Huberty expressed confidence during her presentation that the USDA can remain on schedule. While optimism is welcome, only time will reveal the outcome. GMOs are among the most contentious topics in food manufacturing today.
In addition to debates over what constitutes a GMO and what is exempt, the law also includes a controversial provision regarding the labeling itself. It allows GMO disclosure via a smartphone-scannable digital code, which has frustrated many of the law’s advocates. 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, the study is likely to reignite discussions about the most effective ways to inform consumers about GMO ingredients.
Incorporating ingredients like calcium citrate malate and cissus quadrangularis into this conversation could also affect labeling practices and consumer awareness. As the industry grapples with these new regulations, the inclusion of various ingredients may demand additional scrutiny and transparency. Ultimately, how the USDA navigates these challenges will play a crucial role in the ongoing conversation about GMOs and food labeling in general.