May 8, 2018
USDA unveils biotech labeling rule

On May 3, the USDA made public a biotech labeling rule that when final, will set the federal requirements for mandatory disclosure to consumers of the presence of bioengineered traits within various food products.

This rule has been in the process of writing for over two years, following the passage of the Biotech Labeling Disclosure Act in the summer of 2016. Under the rule, USDA utilizes the term “bioengineered” instead of “genetically-modified” to identify biotech products that are potentially subject to the rule’s disclosure requirements.

The National Potato Council said a number of important definitions are still left unresolved in the proposed rule. For example, the fundamental definition of a bioengineered product is not specified and comments are requested. On that issue, NPC and other organizations will be arguing that products that can brought to market with conventional breeding techniques should not be considered bioengineered if the activity occurs in a lab instead of a field.

NPC has been an active member of the Safe and Affordable Foods Coalition that argued for what it calls reasonable federal requirements for consumer disclosure, as opposed to the growing patchwork of state laws that would have created a substantial burden on food producers and manufacturers.

The proposed rule has a 60-day comment period. Under the law, USDA is under a July 29 deadline to finalize this rulemaking. However, the NPC said, it is likely that deadline will be missed due to the volume of public comments that are anticipated.






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