Tag: Genetically Modified Organism

President Signs Mandatory GMO Labeling Law: What You Need to Know

Posted on by Patrick Morin

Last week President Obama signed the National Bioengineered Food Disclosure Standard into federal law. The law mandates disclosure of genetically modified organisms (“GMO”) on food labels. The law directs the U.S. Department of Agriculture (“USDA”) to establish, within two years, a nationwide mandatory disclosure standard for bioengineered foods and the labeling procedures. This means that the law itself does not define the standard, but instead gives the USDA significant discretion to define and implement the required disclosure.

Below are some things manufacturers should know about the law:

  • Preemption of State Laws. The new law specifically preempts all state and local labeling requirements applicable to genetically engineered (“GE”) foods that do not mirror the language in the law. This would even apply to state laws already passed, including Vermont where mandatory GMO labeling went into effect in July.
  • Defining Bioengineered Food. The law defines bioengineered food as food that contains genetic material “that has been modified through in vitro recombinant deoxyribonucleic acid (DNA) techniques” and “for which the modification could not otherwise be obtained through conventional breeding or found in nature.” This definition could be interpreted as quite restrictive, so it will be important to watch the rule-making process to see how the law is interpreted.
  • Labeling Requirements. The law does not specify GMO labeling standards, this is left up to the USDA to determine. However, the law does state the methods to disclose GMOs in food, such as text on the packaging, a USDA-created symbol, or an electronic or digital link (such as a QR code) selected by the manufacturer. Small food manufacturers are provided the additional flexibility to disclose GMO ingredients either by listing a toll free number or link to website containing the disclosure on their labels. The purpose of the law was to disclose GMO ingredients on food labels so consumers searching grocery store aisles could make informed decisions, but law effectively fails to achieve its purpose because “disclosure” can be a link to somewhere else, not on the label itself.
  • You Aren’t What You Eat. Meat from animals that consume bioengineered food are exempt from disclosure. Specifically, the law prohibits the USDA from considering any food primarily derived from an animal because “the animal consumed feed produced from, containing, or consisting of a bioengineered substance.” So, for example, you go into a store to buy some beef for a family barbecue and, because of your concern about the safety of GE foods, you want to purchase a GMO free product. You’re aware that most cows slated for consumption are fed a diet containing mostly corn, a majority of which is bioengineered. The label doesn’t disclose GMO ingredients, so you think you’re safe. Think again. Even if the cow eats nothing else but bioengineered corn its entire life, the meat is not considered GE under the new law. Thus, Congress is betting that consumers will be uniformed about the provisions in the law and think their meat is non-GMO, even if its arguably not.

The Fight is On: Congress Considers GMO Labeling

Posted on by Patrick Morin

On Tuesday, the House Agricultural Committee conducted a hearing aimed at examining the costs and impacts of mandatory GMO labeling laws. If passed, it would create a federal law that would require manufacturers to label all genetically engineered foods and any food products that contain genetically engineered ingredients.

The Genetically Engineered Food Right-to-Know Act, introduced by Rep. Peter DeFazio (D-Ore.) in the House and by Sen. Barbara Boxer (D-Calif.) in the Senate, would direct the FDA to enforce the new rule. However, some industry groups would rather have a federal solution than a federal mandate. These industry groups, including the Grocery Manufacturers Association and the Snack Food Association, seek a federal solution of voluntary labeling that preempts state laws that requiremandatory labeling, claiming that complying with a patchwork of state laws would dramatically increase costs for manufacturers and consumers. Whether this is true or not is up for debate.

In response to the Right-to-Know Act and supported by industry groups, a bipartisan bill was introduced on Wednesday by Rep. Mike Pompeo (R-Kan.) and Rep G.K. Butterfield (D-N.C.) that would bar states from requiring the labeling of foods derived from genetically-modified organisms. The proposed legislation would set up, as an alternative, a U.S. labeling program that would certify foods that are free of genetically modified organisms. But the program would be voluntary, and does not require genetically-modified foods to be labeled. Thus, it would preempt state laws requiring mandatory GMO labeling (i.e., Vermont, Maine and Connecticut).

Currently, the FDA currently supports voluntary labeling in which food manufacturers indicate whether their products have or have not been developed through genetic engineering “provided such labeling is truthful and not misleading.” Which, in lay terms, means no federal requirement for GMO labeling exists.

Whatever side you may be on, this is going to be a fight of historic proportions as money continues to pour in from both sides. Stayed tuned for updates as we closely follow these bills while they make their way through the legislative process.

New York Passes GMO Labeling Bill

Posted on by Patrick Morin

On March 3, 2015, the New York State Assembly Committee on Consumer Affairs and Protection voted to pass bill which would require all food made with genetically modified organisms (“GMOs”) to state the presence of GMOs on their label.

The bill would require labeling for raw agricultural commodities, processed foods, seed and seed stock produced with genetic engineering.   Under this proposed law, any food for human consumption, seed or seed stock offered for retail sale in New York is misbranded if it is entirely genetically engineered or partially produced with genetic engineering and that fact is not clearly and conspicuously disclosed on the product’s packaging.  Fines for misbranding are a civil penalty of not more than $1000 per day, per product.

Any person, firm, corporation, or other legal entity may be held responsible for false labels and misrepresentations, but retailers are not subject to penalties unless: (a) the retailer is the manufacturer of the GMO raw agricultural commodity, processed food, seed, or seed stock and sells the GMO product under a brand it owns; or (b) the retailer’s failure to label was knowing and willful.

However, there are various exemptions for misbranding built into the bill.  For example, food consisting entirely of, or derived entirely from, an animal that has not itself been produced with genetic engineering does not need to be labeled as GMO, regardless of whether the animal was fed with any food produced with genetic engineering.

Other exemptions include:  products that were grown, raised, produced, or derived without the knowing and intentional use of GMO seed or food if the manufacturer provides a written statement in support of this lack of knowledge and intent; alcoholic beverages that are subject to regulation by the Alcoholic Beverage Control Law; food that has been lawfully certified to be labeled, marketed, and offered for sale as “organic”; and food that is served, sold, or otherwise provided in any restaurant, food facility, or food retailer that is engaged in the sale of food prepared and intended for immediate human consumption.

This proposed statute bears a striking similarity to the statewide GMO labeling bill rejected by California lawmakers in 2014, with nearly identical definitions and safe harbor exemptions.  Unlike the proposed California law, however, New York would enforce the law through civil penalties issued by the State Department of Agriculture and markets rather than through an injunction sought by the state Attorney General to stop continued violations of the law.  Further, unlike Connecticut and Maine’s GMO-labeling laws, New York’s proposed law does not have a triggering requirement based on when a certain number of states approve related legislation.

If passed, New York’s GMO labeling law would take effect twenty-four months after it becomes law. New York would be the fourth state to approve a GMO-labeling law, which would then trigger Connecticut and Maine’s related laws.  New York’s GMO labeling law, however, will likely face legal challenges similar to the lawsuit filed by the Grocery Manufacturers Association seeking to rescind Vermont’s GMO-labeling statute.

Stay turned for further updates as the bill makes it way through the New York state assembly.