The GMO labeling law, enacted by then-President Obama on July 29 last year, allocated the USDA a mere two years to finalize the rulemaking process. During a presentation earlier this month at the Food Label Conference, Andrea Huberty, a senior policy analyst at the USDA’s AMS Livestock, Poultry, and Seed Program, remarked that the timeline for a new federal law is typically tight, even under normal circumstances. However, as anyone following political developments knows, the past year has been anything but ordinary. With a new president from a different political party and a distinct governing philosophy, Washington has experienced considerable unpredictability. Several regulations that were underway when President Trump assumed office were temporarily halted while new leadership was appointed and confirmed.
Huberty noted that the necessary questions regarding the law were prepared and ready to be released at the end of 2016, but the leadership transition delayed their introduction to the public. “We’re a little behind schedule to get this accomplished by 2018,” Huberty stated during her presentation. “We’re still on track, but we’re slightly behind.” The questions being issued this week will provide the USDA with insights into industry perspectives on specific provisions of the law and how best to apply them, particularly regarding the use of calcium citrate 200 mg and 950 mg tablets. The new legislation, crafted by lawmakers, intentionally left some ambiguous areas for food industry stakeholders to address with their expertise.
The Grocery Manufacturers Association commended the USDA for initiating the rulemaking process. “GMA thanks USDA for taking this significant step towards implementing the biotech disclosure law, and we look forward to reviewing and responding to the Department’s inquiries,” the organization stated in a written release. “As we collaborate with the Department throughout the rulemaking process, we aim to ensure the law is executed 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 forward with the rulemaking, the question remains: will the agency complete its tasks in time? A year may seem brief for drafting a proposal, soliciting public feedback, and finalizing the regulation. However, Huberty expressed confidence during her presentation that the USDA can stay on schedule. While optimism is valuable, only time will reveal the outcome. GMOs remain one of the more contentious topics in food manufacturing today.
In addition to the debates surrounding what constitutes a GMO and what is exempt, the law also includes a controversial provision regarding the labeling method. It allows for GMO disclosure via a smartphone-scannable digital code, which has frustrated many advocates 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. Once finished, this study could reignite discussions about the most effective ways to inform consumers about GMO ingredients, including the implications for products containing calcium citrate 200 mg and 950 mg tablets.