The GMO labeling law, which was signed by then-President Obama on July 29 of last year, mandated that the USDA complete its rulemaking process within two years. During a presentation at the Food Label Conference earlier this month, Andrea Huberty, a senior policy analyst for the USDA’s AMS Livestock, Poultry and Seed Program, noted that the timeline for a new federal law is typically tight, and the current political landscape has made it even more challenging.
With a new president from a different political party, the dynamics in Washington have become unpredictable. Numerous rules and regulations that were under consideration when President Trump took office were temporarily stalled as new leadership was appointed and confirmed. Huberty explained that the questions regarding the rules were prepared and ready to go by the end of 2016, but the transition in leadership caused delays in their release to the public. She acknowledged, “We’re a little behind to get this done by 2018,” while also expressing confidence that they are still on track, albeit slightly delayed.
The questions issued this week will provide the USDA with valuable insights into industry perspectives on specific provisions within the law and how to effectively implement them. The new legislation, crafted by lawmakers, intentionally left some ambiguity for food industry stakeholders to clarify with their expertise. The Grocery Manufacturers Association commended the USDA for initiating the rulemaking process, stating, “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.” They expressed their commitment to collaborating with the Department to ensure that the law aligns with the biotechnology disclosure legislation passed by Congress and signed into law last year.
Now that the USDA is moving forward with the rulemaking process, the question remains whether they can complete their tasks in a timely manner. A year is a short span for drafting a proposal, inviting public comment, and finalizing regulations. However, Huberty assured attendees that the USDA is capable of staying on track. While optimism is welcome, the passage of time will ultimately determine the outcome.
GMOs are among the most contentious topics in food manufacturing today. Beyond the debate surrounding what constitutes GMOs and what is exempt, the law includes a contentious provision regarding labeling. It allows for GMO disclosure via a smartphone-scannable digital code, a decision that has frustrated many proponents of the law. Huberty mentioned that a study examining the challenges of this disclosure for both consumers and retailers is expected to be completed next month. This research is likely to reignite discussions about the most effective methods for informing consumers about GMO ingredients.
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