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President Signs New Federal GMO Labeling Law
Practical Law Legal Update w-002-9474 (Approx. 4 pages)
President Signs New Federal GMO Labeling Law
by Practical Law Commercial Transactions
| Law stated as of 10 Aug 2016 • USA (National/Federal) |
President Obama has signed a federal law mandating the US Department of Agriculture (USDA) to establish a national process for identifying and disclosing genetically modified organisms (GMO) in food products and ingredients.
On July 29, 2016, President Obama signed a bill that directs the US Department of Agriculture (USDA) to create a nationwide mandatory labeling program for genetically modified organisms (GMO) in food products and ingredients, within the next two years. The federal bill preempts existing state laws in Vermont, Alaska, Connecticut, and Maine, as well as any future state legislation directly on the issue of GMO food labeling.
The new law defines GMO in food as that which has been modified through in vitro recombinant deoxyribonucleic acid techniques; and for which the modification could not otherwise be obtained through conventional breeding or found in nature.
Manufacturers will be required to disclose the presence of GMO in food by either:
- On-package text.
- A USDA-created symbol.
- QR bar codes, or other digital means, that can be scanned by a smartphone.
Small food manufacturers will also be able to direct consumers to websites or telephone numbers for GMO-related information.
The law includes several exceptions, including where:
- Meat, poultry, and egg products are the main ingredient in the food.
- The sole purpose of classifying an animal as bioengineered would be because the animal consumed feed produced from, containing, or consisting of a bioengineered substance.
USDA certified organic products will also be allowed to make non-GMO claims on food product labeling.
Implementing the Law
Over the next two years the USDA will work to implement the new law, which will require:
- A study on the challenges that consumers may face in accessing digital GMO disclosures, such as the:
- availability of wireless cellular networks and landline telephones;
- impact on rural retailers; and
- potential benefits of installing digital scanners in stores that currently do not use the technology.
- Creating a symbol that will denote the inclusion of GMO ingredients.
- Determining the amount of genetically engineered contents a product must contain to trigger the labeling requirements.
For more information on the regulation of food, see Practice Notes, FDA Food and Dietary Supplement Regulations and FDA Food Labeling: Overview.