MANDATORY LABELING OF FOODS PRODUCED USING GENETIC ENGINEERING IS ON THE HORIZON

Posted on May 29, 2012 by Robert Uram

Labeling of food produced using genetic engineering is on the horizon either as a result of a petition that is pending before the Food and Drug Administration or as a result of a ballot initiative in California.  Labeling of genetically engineered food appears to have widespread popular support.

The presence of foods produced with the assistance of genetically modified organisms, or GMOs, is widespread in the United States, especially for crops like corn and soybeans.  The most common genetic modification to date is an introduced trait to make a plant resistant to a specific herbicide, allowing farmers to use the herbicide without killing the crop.  Today, most of the crops produced using GMOs can used without having to comply with any significant regulatory requirements. 

Concern over use of genetically modified organisms covers a broad range of issues, including increased use of pesticides, the presence of genetically engineered foods in products that are not intended to be produced with such methodologies, and health concerns that may arise from consuming genetically engineered foods.  One way to address those concerns is to ensure that consumers know which products are produced using genetic modification so that those with concerns can avoid them.  However, unlike many other developed countries, the United States has no laws requiring labeling of food produced with genetically modified organisms.

Recently, more than one million individuals, more than 500 partner organizations representing the healthcare community, consumer advocates, farmers, concerned parents, environmentalists, food and farming organizations, businesses, and 55 members of Congress joined in support of a petition to the Food and Drug Administration for mandatory labeling of genetically engineered foods.  The petition, among other things, calls for the FDA to issue regulations requiring labeling of all foods produced using genetic engineering.

In addition to the FDA petition, an initiative has been filed in California seeking to require the labeling of genetically modified foods in California. On May 2, 2012, more than 970,000 signatures were filed supporting a referendum to impose a California right-to-know requirement for GMOs.  The California law is known as the California Right-To-Know Genetically Engineered Food Act.  If adopted by the voters this November, commencing on July 1, 2014, retail sale of food offered in California would be banned if it is or may have been entirely or partially produced with genetic engineering, unless the production method is disclosed in clear and conspicuous words.  The labeling requirements would not apply to foods which inadvertently contain genetically engineered food products and has other limited exceptions.

These labeling requirements, if adopted, will give consumers a greater opportunity to decide whether or a not to purchase genetically engineered food and may have a far reaching effect on the markets for genetically engineered food.



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