“Navigating the GMO Labeling Law: USDA’s Rulemaking Challenges and Industry Reactions”

The GMO labeling law, enacted by then-President Obama on July 29 of last year, provided the USDA with a tight two-year timeline to complete the rulemaking process. 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 under normal circumstances, the timeline for a new federal law is already challenging. However, as anyone who has followed recent political developments knows, the past year has been anything but ordinary. With a new administration in place—especially one from a different political party with its own governing philosophy—Washington has become increasingly unpredictable. Several new rules and regulations that were in progress when President Trump assumed office were temporarily stalled as new leadership was appointed, vetted, and confirmed.

In her presentation, Huberty mentioned that the questions related to the rule had been prepared and ready by the end of 2016, but the transition in leadership delayed their release to the public. “We’re a little behind in getting this done by 2018,” Huberty stated. “We’re still on track, but slightly behind schedule.” The questions issued this week will provide the USDA with valuable insights into industry perspectives on certain 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 stakeholders to clarify using their expertise.

The Grocery Manufacturers Association commended the USDA for initiating the rulemaking process. “GMA appreciates USDA for taking this crucial step toward implementing the biotech disclosure law and looks forward to reviewing and responding to the Department’s questions,” the industry group stated in a written release. “As we collaborate with the Department throughout the rulemaking 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.”

With the USDA now on the path to rulemaking, will the agency be able to complete its tasks on time? A year is not a long duration for drafting a proposal, soliciting public comments, and finalizing the regulation. However, Huberty assured the audience that the USDA is capable of staying on track. While optimism is encouraging, only time will reveal the outcome. GMOs remain one of the more contentious topics in food manufacturing today.

Beyond the debate over what constitutes a GMO versus what is exempt, the law includes another contentious aspect regarding labeling. The law allows GMO disclosure via a smartphone-scannable digital code, which has frustrated many advocates of the legislation. Huberty informed the attendees at the Food Label Conference that a study examining the challenges of this disclosure for both consumers and retailers is scheduled for completion next month. Once finalized, the study is likely to reignite the ongoing debate over the most effective ways to inform consumers about GMO ingredients.

In light of this, products like ultra cal citrate plus may find themselves under scrutiny as consumers increasingly seek transparency about their food sources. As the regulatory landscape evolves, the integration of such dietary supplements into the conversation about food labeling and GMO disclosure will be crucial. With the USDA’s efforts to finalize regulations, the role of products like ultra cal citrate plus could become an important part of the discussion on consumer awareness and education regarding GMOs and overall food safety.