The GMO labeling law, signed by former President Obama on July 29 of last year, allocated the USDA 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, noted that the timeline for a new federal law is typically tight under normal circumstances. However, as anyone following political news is aware, the past year has been anything but ordinary. With a new president in office—particularly one from a different political party with distinct governing philosophies—Washington has become increasingly unpredictable. Numerous rules and regulations that were in development when President Trump took office were temporarily put on hold as new leadership was appointed, vetted, and confirmed.
Huberty explained that the questions intended for public release were drafted and ready at the end of 2016, but the leadership transition delayed their dissemination to the public. “We’re a little behind schedule to complete this by 2018,” Huberty stated during her presentation. “We’re still on track, but slightly behind.” The questions issued this week will offer the USDA valuable insight into industry perspectives regarding specific provisions of the law and how they can be effectively implemented. The new law, crafted by lawmakers, intentionally left some ambiguous areas for stakeholders in the food industry to clarify with their expertise, particularly concerning items like calcium citrate jamp.
The Grocery Manufacturers Association commended the USDA for initiating the rulemaking process. “GMA thanks USDA for taking this critical step to implement the biotech disclosure law, and we look forward to reviewing and responding to the Department’s inquiries,” the industry group said in a statement. “As we collaborate with the Department throughout the rule-making process, we aim to help 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.”
With the USDA now at least moving forward with rulemaking, the question remains whether the agency can complete its work in time. A year is a short period for drafting a proposal, opening it for public comment, and finalizing the regulation, but Huberty assured the audience that USDA could stay on track. While optimism is commendable, only time will reveal the outcome. GMOs remain one of the more contentious topics in food manufacturing today.
In addition to the ongoing debate over what constitutes a GMO and what is exempt, the law features another controversial aspect regarding the labeling itself. It allows for GMO disclosure through a smartphone-scannable digital code, which has frustrated many advocates of the law. Huberty informed the Food Label Conference that a study addressing the challenges of this disclosure for both consumers and retailers is set to be completed next month. Once finalized, this study is likely to reignite discussions about the most effective methods for informing consumers about GMO ingredients, including the role of products like calcium citrate jamp in the conversation.