Vermont Signs Law to Require Labels on GMO Foods, Industry to Challenge

12 May 2014 --- Vermont has become the first U.S. state to mandate labeling of foods made with genetically modified organisms as Governor Peter Shumlin signed a law that is widely expected to be challenged in court by some food and agriculture companies.

The law, set to take effect July 1, 2016, would for the first time align at least a small part of the United States with more than 60 other countries that require labeling of genetically engineered foods. It is the first legislation in the US to require food producers to disclose GMO material, such as genetically engineered corn or soy. And it sets the stage for more than two dozen other states that are currently considering mandatory labeling of such GMO foods.

Global ice cream producer Ben & Jerry’s, which has its headquarters in Vermont, said it supports mandatory GMO labelling and “a consumer’s right to know”. In a statement the company said “Ben & Jerry’s is proud to stand with the growing consumer movement for transparency and the right to know what’s in our food supply by supporting mandatory GMO labelling legislation. We commit to sourcing non-GMO ingredients for all our products everywhere by mid-year 2014. In fact, all our products made in Europe are already non-GMO.”

But not all of those in the industry support this move. The Grocery Manufacturers Association (GMA) issued the following statement in response to Vermont Governor Peter Shumlin’s signing into law of HB 112:

“Today, Vermont Governor Peter Shumlin signed into law HB 112, a bill that is critically flawed and not in the best interests of consumers.  It sets the nation on a costly and misguided path toward a 50-state patchwork of GMO labeling policies that will do nothing to advance the safety of consumers.

“GM crops are safe and have important benefits for people and our planet.  They use less water and fewer pesticides, reduce crop prices by 15-30 percent and can help us feed a growing global population of seven billion people.  The FDA, World Health Organization, American Medical Association and U.S. National Academy of Science have all found that foods and beverages that contain GM ingredients are safe and materially no different than conventionally produced products.

“Consumers who prefer to avoid GM ingredients have the option to choose from an array of products already in the marketplace labeled ‘certified organic.’ The government therefore has no compelling interest in warning consumers about foods containing GM ingredients, making this law’s legality suspect at best.  In light of this fact, in the coming weeks GMA will file suit in federal court against the state of Vermont to overturn the law.

“We encourage policymakers in Vermont and across the nation to support alternative legislation that would ensure that food labels are accurate and consistent for consumers. Bipartisan federal legislation, the Safe and Accurate Food Labeling Act, HR 4432, would require a label on foods containing GM ingredients if the FDA – our nation’s foremost food safety authority – determines there is a health or safety risk. Any labeling of GM ingredients would therefore be based on science, not fear or the varying politics of the 50 states.  

According to the group, specifically, the proposed alternative legislation (HR 4432) would:

Eliminate Confusion:  Remove the confusion and uncertainty of a 50-state patchwork of GMO safety and labeling laws and affirm the FDA as the nation’s authority for the use and labeling of genetically modified food ingredients.

Advance Food Safety:  Require the FDA to conduct a safety review of all new GMO traits before they are introduced into commerce.  FDA will be empowered to mandate the labeling of GMO food ingredients if the agency determines there is a health, safety or nutrition issue with an ingredient derived from a GMO.

Inform Consumers:  The FDA will establish federal standards for companies that want to voluntarily label their product for the absence-of or presence-of GMO food ingredients so that consumers clearly understand their choices in the marketplace.

Provide Consistency:  The FDA will define the term “natural” for its use on food and beverage products so that food and beverage companies and consumers have a consistent legal framework that will guide food labels and inform consumer choice.”