Cameron Miranda
In 2017, the US government passed a national Genetically Modified Foods (GMO) labeling law, creating a uniform standard for labeling GMOs. This law was the result of a push from food companies, farm groups, and biotech firms to establish a single national standard, preventing a patchwork of different state laws. The law allows for GMO labeling to be done through text, symbols, pictures, hotlines, or barcodes. However, critics argue that the law fails to adequately protect consumers, with no penalties for companies that don't comply and exemptions for certain ingredients. The debate around GMO labeling continues, with some arguing that it implies a safety concern that is not supported by scientific evidence.
| Characteristics | Values |
|---|---|
| Date of implementation | 1 January 2022 |
| No. of countries with mandatory GMO labeling laws | 65 |
| No. of states with mandatory GMO labeling laws | 1 |
| No. of states with steps toward labeling programs | 18 |
| Federal agencies involved in regulation | U.S. Food and Drug Administration (FDA), U.S. Environmental Protection Agency (EPA), U.S. Department of Agriculture (USDA) |
| GMO definition | Food or ingredient containing detectable genetic material that has been modified through certain lab techniques and cannot be created through conventional breeding or found in nature |
| Disclosure methods | Text, symbol, hotline, bar code, QR code, website |
| Mandatory vs. voluntary labeling | Mandatory |
| Penalties for non-compliance | None |
| Consumer impact | Unlikely to affect sales |
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What You'll Learn
The US Senate bill on GMO labelling
On June 23, 2016, Senators Pat Roberts (R-Kan.) and Debbie Stabenow (D-Mich.) introduced a compromise bill that would create a mandatory, national labelling standard for GMO foods. The bill, which was passed by the Senate on July 7, 2016, required food to carry labels listing genetically modified ingredients. This could be done through words, pictures, or a bar code that can be scanned with smartphones.
The bill was sponsored by Republican Senator Pat Roberts of Kansas and Democrat Senator Debbie Stabenow of Michigan. It was the latest attempt to introduce a national standard that would override state laws, including Vermont's, which went into effect on July 1, 2016. The bill was supported by farmers, who argued that labelling stigmatizes GMO crops and could hurt demand for food containing those ingredients. However, critics like Senator Bernie Sanders argued that the bill's vague language and allowance for electronic labels could limit its scope and create confusion.
The bill included no penalties for companies that didn't comply, and the definitions of GMOs exempted some ingredients from labelling requirements. For example, the bill stated that foods must "contain genetic material that has been modified through in vitro recombinant deoxyribonucleic acid (DNA) techniques" to require a label. This would allow firms to avoid labelling foods containing oils and sweeteners made from GM crops, as processing removes the evidence of modifications.
The bill was opposed by mandatory labelling activists, who argued that consumers have a right to know what is in their food. They also pointed out that the food and agribusiness industry had spent millions of dollars fighting GMO labelling initiatives. Despite this opposition, the bill passed the Senate with a vote of 63-30 and was signed by the President on July 29, 2016.
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The National Bioengineered Food Disclosure Standard
The NBFDS was established to create a mandatory, uniform national standard for disclosing information to consumers about the BE status of foods. It was passed by Congress in July 2016 and directed the U.S. Department of Agriculture (USDA) to implement this national mandatory standard for food manufacturers and importers. The USDA's role is to ensure that food produced through bioengineering meets all relevant federal health, safety, and environmental standards.
The NBFDS addresses federal preemption of state and local genetic engineering labeling requirements. It specifies that certification of food under the USDA's National Organic Program (NOP) shall be considered sufficient to claim the absence of bioengineering in the food. The law also provides flexibility for refined foods derived from bioengineered crops; if these foods do not contain detectable modified genetic material, no disclosure is required.
The NBFDS allows manufacturers to comply in multiple ways. They can provide a label with a USDA symbol indicating the presence of GMOs, print a label using plain language, or add a QR code that links to ingredient information. Small businesses can also provide a telephone number or website for additional information.
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FDA and GMO labelling
In 2015, the FDA stated that genetically engineered plants that have been approved for sale do not need labels, and that people could be assured that they are safe to eat. The FDA also said that food manufacturers may voluntarily label their foods with information about whether the foods were produced using bioengineering, as long as the information is truthful and not misleading. The FDA's main concern within the context of this guidance is that such voluntary labelling be truthful and not misleading.
However, in 2016, Congress passed the National Bioengineered Food Disclosure Standard, which required the United States Department of Agriculture (USDA) to establish a labelling standard for genetically modified (GM) food. This was in response to a patchwork of state labelling laws, such as one that went into effect in Vermont. The USDA's new food labelling rules for GM products went into effect on January 1, 2022. Under these rules, consumers will no longer see the words "GMO" but will instead see a round green label that says "bioengineered" or "derived from bioengineering", or a label with a phone number or QR code to provide more information.
The legislation would block states from issuing mandatory labelling laws and require food manufacturers to use one of three different labels to inform consumers of the presence of GMOs in products. Manufacturers could comply by providing a label that includes a USDA symbol indicating the presence of GMOs, printing a label using plain language, or adding a scanner- or smartphone-readable QR code that links to ingredient information. Small businesses also have the option to place a telephone number or internet website on packages that would direct customers to additional information.
While some companies have already announced that they will start labelling their products in accordance with the Vermont law, others have opposed mandatory labelling, arguing that it suggests GM ingredients may not be safe, although there is little scientific evidence for that position. Critics of the legislation also say that it includes no penalties for companies that don't comply with the law, and that the bill's definitions of GMOs will exempt some ingredients from labelling requirements.
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GMO labelling and consumer protection
GMO labeling laws have been a topic of public and political debate for several years. In 2016, the United States Congress passed the National Bioengineered Food Disclosure Standard, requiring the United States Department of Agriculture (USDA) to establish a labeling standard for genetically modified (GM) food. The USDA's new food labeling rules for GM products went into effect on January 1, 2022.
The new rule applies to all food manufacturers, importers, and retailers who package and label food for retail sale or sell bulk food items. It does not apply to restaurants, restaurant-like retail food establishments, or small manufacturers (those with fewer than 20 employees or annual revenue of less than $2.5 million). The legislation blocks states from issuing mandatory labeling laws and requires food manufacturers to use one of three different labels to indicate the presence of GMOs in products. Manufacturers can comply by providing a label with a USDA symbol indicating the presence of GMOs, printing a label using plain language, or adding a scannable QR code that links to ingredient information. Small businesses can also provide a telephone number or website on packages that direct customers to additional information.
The GMO labeling law has been met with mixed reactions. Some critics argue that it fails to adequately protect consumers who want to know if a product contains GM ingredients. They claim that the law includes no penalties for non-compliance and that the definitions of GMOs exempt some ingredients from labeling requirements. Additionally, consumer advocacy groups argue that the use of QR codes instead of on-package text or symbol labeling may disadvantage individuals without smartphones.
On the other hand, many firms and agricultural scientists opposed mandatory labeling, arguing that it suggests GM ingredients may not be safe, a position that lacks scientific evidence. The law aims to balance providing information to consumers while minimizing costs for companies, which can be passed on to consumers.
Studies have shown that an increase in consumer awareness around GMO-related topics is linked to a rise in demand for non-GMO products, even in states without mandatory GMO labeling laws. This "indirect awareness effect" of legislative activity has been found to be a primary mechanism influencing consumer preferences.
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GMO labelling and the food industry
GMO labeling laws have been a topic of debate in the food industry, with consumers, food companies, and advocacy groups all having varying opinions on the matter. In the United States, the production and consumption of genetically modified (GM) foods are widespread, but they are also controversial. While scientists claim that GMOs are safe for human consumption and offer benefits such as better nutritional content, many consumers have a negative attitude towards them. This has created a challenge for policymakers in deciding how to implement GMO labeling.
In 2016, Congress passed the National Bioengineered Food Disclosure Standard, requiring the United States Department of Agriculture (USDA) to establish a labeling standard for GM food. The USDA's final GMO labeling rule, implemented in 2022, replaced the "GMO" label with a round green label saying "bioengineered" or "derived from bioengineering." Alternatively, a label with a phone number or QR code could be used to provide more information. This rule applied to food manufacturers, importers, and retailers who package and label food for retail sale or sell bulk food items.
The GMO labeling law has been criticized by some who argue that it does not adequately protect consumers who want to know if a product contains GM ingredients. Critics also point out that there are no penalties for companies that do not comply with the law, and certain ingredients are exempt from labeling requirements. The Center for Food Safety, for example, stated that the regulations are designed to allow corporations to hide their use of genetically engineered ingredients. They also argue that the use of QR codes instead of on-package text or symbol labeling will keep consumers in the dark about what they are consuming.
On the other hand, food companies, farm groups, and biotech firms supported the implementation of a single national standard for GMO labeling to avoid a patchwork of different state labeling laws. Some companies had already started voluntarily labeling their products according to the Vermont law before the national standard was implemented. The Organic Trade Association (OTA) has also supported efforts to bring federal mandatory GMO labeling to the United States, urging companies to voluntarily label all products and/or ingredients that are not organic and produced through genetic engineering. The OTA, however, expressed disappointment in the USDA's final GMO labeling rule, stating that it does not satisfy consumers' right to know if a food is genetically modified and lacks transparency.
The impact of GMO labeling on consumer choices has also been studied. Research shows that GMO labeling regimes significantly affect consumers' demand for GM foods. Labels such as "non-GMO" and "contains GMO" tend to reduce market share, with a stronger effect under a mandatory policy. Presence-focused labeling enhances consumers' concerns about GMOs, making them more sensitive to GMO information and more reluctant to purchase in that category. The specific format of the GMO label, such as a green or yellow logo, can also influence consumer choice.
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Frequently asked questions
GMO labeling laws aim to provide consumers with information about the presence of genetically modified organisms (GMOs) in their food products, allowing them to make informed choices.
In 2016, Congress passed the National Bioengineered Food Disclosure Standard, requiring the United States Department of Agriculture (USDA) to establish GMO labeling standards. The USDA released the official law in 2019, which went into effect on January 1, 2022.
Food manufacturers have several options for disclosing the presence of GMOs. They can use a USDA symbol, plain language on the label, a QR code linking to ingredient information, or provide a telephone number or website for additional details. Small businesses and certain food categories, like restaurants, are exempt from these labeling requirements.
