The GMO labeling law, which was signed by former President Obama on July 29 of last year, mandated that the USDA complete its rulemaking process within two years. During a presentation at the Food Label Conference earlier this month, Andrea Huberty, senior policy analyst for the USDA’s AMS Livestock, Poultry, and Seed Program, noted that under typical circumstances, the timeline for a new federal law is tight. However, as anyone who has kept up with political news knows, the last year has been anything but typical. With a new president from a different political party and his own governing philosophy, Washington has experienced a great deal of unpredictability. Many rules and regulations that were underway when President Trump took office were temporarily put on hold as new leadership was appointed, vetted, and confirmed.
In her presentation, Huberty explained that the necessary questions had been drafted and were ready for release by the end of 2016, but the leadership transition hindered the process of sharing them with the public. “We’re a little behind schedule to complete this by 2018,” she remarked. “We’re still on track, but a bit delayed.” The questions issued this week will give the USDA valuable insights into the industry’s perspectives on specific provisions of the law and how to implement them effectively. The new law, crafted by legislators, intentionally left some ambiguous areas for food industry stakeholders to clarify based on their expertise.
The Grocery Manufacturers Association commended the USDA for initiating the rulemaking process. “GMA thanks USDA for taking this essential step to implement the biotech disclosure law, and we look forward to addressing the Department’s inquiries,” the industry group stated in a written response. “As we collaborate with the Department throughout the rule-making 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.”
Now that the USDA is making progress on rulemaking, will the agency complete its tasks in a timely manner? A year is a short period for drafting a proposal, inviting public comments, and finalizing regulations, but Huberty assured her audience that the USDA is capable of staying on track. While optimism is welcomed, only time will reveal the outcome. GMOs remain one of the more contentious topics in food manufacturing today.
In addition to debates surrounding which items qualify as GMOs and which are exempt, the law includes a controversial provision regarding the labeling itself. It allows for GMO disclosure through a smartphone-scannable digital code, a decision that has frustrated many advocates of the law. Huberty mentioned that a study analyzing the challenges related to this disclosure for both consumers and retailers is expected to be completed next month. Once finalized, this study is likely to reignite the ongoing debate about the most effective ways to inform consumers about GMO ingredients, including alternatives like kosher calcium citrate. The inclusion of such ingredients in the discussion highlights the complexity of food labeling in today’s market, especially as stakeholders seek clarity on how to best inform consumers about their options.