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March 26, 2015

TO: JPA Members

FROM: Patricia Faison

RE: JPA Regulatory Update
(1) Safe and Accurate Food Labeling Act of 2015
(2) House Hearing on Mandatory Biotechnology Labeling

Safe and Accurate Food Labeling Act of 2015
In 2014, JPA members were notified that Representative Mike Pompeo (R-Kansas) had introduced legislation, “The Safe and Accurate Food Labeling Act of 2014” to prohibit mandatory labeling of genetically engineered (GE) foods and prohibit initiatives for labeling GE foods at the state level. It was noted that the legislation would not prohibit companies from voluntarily labeling foods as “GMO-free.” The legislation was not passed prior to the end of the 113th Congress.

According to a press release issued yesterday by Representative Pompeo, available here, the legislation (“Safe and Accurate Food Labeling Act of 2015”) has been reintroduced in Congress. He states, “Without the reforms in this legislation, a patchwork of state GMO [genetically modified organisms] labeling laws could mislead consumers and increase food prices for families.” According to a summary of the legislation released by Representative Pompeo, available here, the legislation would:

  • “Create a uniform, national system governing the premarket review and labeling of genetically engineered foods.
  • Require the Food and Drug Administration (FDA) to conduct a safety review of all new plant varieties used for genetically engineered food before those foods are introduced into commerce.
  • Uphold FDA’s authority to specify special labeling if it believes it is necessary to protect health and safety.
  • Create a new legal framework, subject to FDA oversight, governing the use of label claims regarding either the absence of, or use of, genetically engineered food or food ingredients.
  • Direct FDA to develop Federal definition for “natural” claims on product labels.
  • Allow those who wish to label their products as GMO-free to do so by through a USDA-accredited certification process.”

The legislation is similar to the previous version except for the provision related to the USDA-certification process for firms that would like to voluntarily label their products as “GMO-free.”

The legislation, available here, has been covered by the media, including U.S. News & World Report and CBS News.

The International Dairy Foods Association (IDFA) and Grocery Manufacturers Association (GMA) issued press releases, available here and here, applauding the introduction of the legislation.

JPA will continue to monitor and provide updates, as information becomes available.

House Hearing on Mandatory Biotechnology Labeling
In related news, the House Committee on Agriculture held a public hearing on March 24, 2015 to consider mandatory labeling of genetically engineered/biotechnology foods, according to an article recently published by Food Safety News, available here. The article notes the six witnesses opposed mandatory labeling laws. Most of the testimony praised the efficiency GE crops provide to farmers and highlighted the costs of such labeling on farmers, manufacturers and consumers. Consumer advocacy groups, Center for Science in the Public Interest (CSPI) and the Environmental Working Group (EWG), commented in favor of mandatory labeling laws.

Information posted on the Committee on Agriculture’s website, available here, states testimony was presented by representatives of the International Food Information Council, Snack Food Association, Olsson Frank Weeda Law, Land O’Lakes, The Farm at Wheeler Mountain, and Clarkson Grain Company.

JPA will continue to monitor and provide updates, as information becomes available.

Patricia Faison
(404)252-3663
pfaison@kellencompany.com

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