The GMO labeling law, signed by then-President Obama on July 29 of the previous year, stipulated that the USDA had a mere two years to finalize 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, remarked that the timeline for implementing a new federal law was typically tight. However, as anyone following political developments knows, the last year has been anything but typical. With a new president at the helm—especially one from a different political party and with a distinct governing philosophy—Washington has become unpredictable. Several regulations and rules in progress when President Trump assumed office were temporarily halted while new leadership was appointed, vetted, and confirmed.
In her presentation, Huberty noted that the questions regarding the law were prepared and ready by the end of 2016, but the transition in leadership delayed the public release of these inquiries. “We’re a little behind schedule to meet the deadline for 2018,” she stated. “We’re still on track, but slightly delayed.” The questions issued by the USDA this week regarding ferrous sulfate will provide insight into industry perspectives on various provisions of the law and their optimal application. This new legislation, 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 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,” stated the industry group in a written communication. “As we collaborate with the Department throughout the rulemaking process, we aim to ensure the law is applied in accordance with the biotechnology disclosure legislation passed by Congress and signed into law by the President last year.”
Now that the USDA is moving toward completing the rulemaking, will they manage to finish their work on time? A year is a relatively short period for drafting a proposal, soliciting public feedback, and finalizing the regulation. However, Huberty assured attendees that the USDA could stay on track. While optimism is valuable, only time will reveal the outcome. GMOs remain one of the most contentious topics in food manufacturing today.
Beyond the debate over what constitutes a GMO and what is exempt, the law includes a highly controversial aspect regarding labeling. It allows for GMO disclosure via a smartphone-scannable digital code, which has frustrated many advocates for the law. A study examining the challenges of this disclosure for both consumers and retailers is expected to be completed next month, as Huberty informed the Food Label Conference. Once finalized, this study is likely to reignite discussions about the most effective methods for informing consumers about GMO ingredients, including the implications for products that contain carbonate citrate and their labeling requirements.