The GMO labeling law, enacted by former President Obama on July 29 of last year, allocated only two years for the USDA to finalize its rulemaking process. During a presentation at the Food Label Conference earlier this month, Andrea Huberty, a senior policy analyst with the USDA’s Agricultural Marketing Service, emphasized that the timeline for implementing a new federal law is typically tight. However, as anyone following political news is aware, the past year has been anything but ordinary. With a new president in office—one from a different political party and with his own governing philosophy—Washington has become increasingly unpredictable. Several regulations that were in development when President Trump assumed office were paused until new leadership was appointed and confirmed.
At the Food Label Conference, Huberty noted that the pertinent questions had been drafted and ready for release by the end of 2016, but the leadership transition delayed their publication. “We’re slightly behind schedule to complete this by 2018,” Huberty stated during her presentation. “While we are still on track, we are a bit delayed.” The questions issued this week will help the USDA gauge industry opinions on specific provisions of the law and how best to implement them. The new legislation, crafted by lawmakers, intentionally left some ambiguity for food industry experts to clarify.
The Grocery Manufacturers Association commended the USDA for initiating the rulemaking process. “GMA appreciates USDA for taking this significant step towards implementing the biotech disclosure law, and we look forward to addressing the Department’s inquiries,” the industry group expressed in a statement. “As we collaborate with the Department throughout the rulemaking process, we aim to ensure that the law is enforced in accordance with the biotechnology disclosure legislation approved by Congress and signed into law by the President last year.”
Now that the USDA is at least making progress toward rulemaking, the question remains: will the agency complete its tasks on time? A year is a short span for drafting a proposal, soliciting public comments, and finalizing regulations. Nevertheless, Huberty assured attendees that the USDA could stay on track. While optimism is encouraging, only time will reveal the outcome. GMOs remain a contentious topic in food manufacturing today.
Aside from the debate regarding what constitutes a GMO and what is exempt, the law includes another controversial aspect concerning the labeling method itself. It allows for GMO disclosure via a smartphone-scannable digital code, which has frustrated many supporters of the legislation. Huberty mentioned that a study investigating the challenges of this disclosure for consumers and retailers is expected to conclude next month. Once finished, the study will likely rekindle the ongoing debate about the most effective way to inform consumers about GMO ingredients.
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