Milling & Baking News - January 1, 2019 - 18

Washington

U.S.D.A. eyes transparency with
release of disclosure standard
WASHINGTON - Secretary of Agriculture Sonny Perdue on Dec. 20 announced
the National Bioengineered Food Disclosure Standard, which requires food manufacturers, importers and certain retailers to label foods containing genetically
modified or bioengineered ingredients.
"The National Bioengineered Food Disclosure Standard increases the transparency of our nation's food system, establishing guidelines for regulated entities on
when and how to disclose bioengineered
ingredients," Mr. Perdue said. "This ensures clear information and labeling consistency for consumers about the ingredients in their food. The standard also
avoids a patchwork state-by-state system
that could be confusing to consumers."
The standard defines bioengineered
foods as those containing detectable genetic material that has been modified
through lab techniques and may not be
created through conventional breeding
or found in nature. Implementation of
the standard begins Jan. 1, 2020, or Jan. 1,
2021, for small food manufacturers. The
mandatory compliance date is Jan. 1, 2022.
Regulated entities may voluntarily comply with the standard until Dec. 31, 2021.
The Agricultural Marketing Service of
the U.S. Department of Agriculture developed a list of bioengineered foods to identify crops or foods that are available in a
bioengineered form and for which regulated entities must maintain records to inform
whether a food product must include labeling of bioengineered ingredients.
Regulated entities may use text, a symbol, an electronic or digital link or a text
message to disclose bioengineering. Additionally, a phone number and web address are available for small food manufacturers or for small packages.
Certain products made from the 13
bioengineered crops and foods on the
U.S.D.A.'s list do not require labeling.
The list of bioengineered foods are alfalfa, canola, corn, cotton, potato, salmon
(AquAdvantage), soybean, squash, sugarbeet and certain varieties of apple, eggplant, papaya and pineapple.
"For refined foods that are derived
from bioengineered crops, no disclosure
is required if the food does not contain
detectable modified genetic material,"
according to the advance Federal Register
notice. As such, refined beet sugar, soybean oil and corn sweeteners, all mostly
from bioengineered seed, would not need
to be labeled as a bioengineered ingredient under the new rule. Adequate testing
must have been performed to prove that
18 / January 1, 2019

Milling & Baking News

there was no detectable material, though.
Robb MacKie, president and chief executive officer of the American Bakers Association, said the requirements will provide
"clear and concise messaging that consumers seek and will streamline changes efficiently with cost savings for our industry."
"The baking industry has supported a
federal standard for bioengineered food
disclosure, which is necessary for interstate commerce," Mr. MacKie said.
Lynn Chrisp, president of the National
Corn Growers Association and a farmer

from Nebraska, said the association is
pleased with the issuance of the rules,
noting that farmers need a "consistent,
transparent system to provide consumers
with information without stigmatizing
important, safe technology."
"N.C.G.A. came together with stakeholders from across the value chain to
support enactment of the Bioengineered
Food Disclosure Act because it prevented
a state-by-state patchwork of labeling
laws that would have cost U.S. consumers, farmers and manufacturers billions of
dollars," Mr. Chrisp said. "We are hopeful that this rule will be a major step in
achieving our important, shared goals."
Davie Stephens, president of the American Soybean Association and a soy grower
from Kentucky, also noted his group's
support for the rule.
"Soybean farmers are pleased that
U.S.D.A. took the time to do this rule the
right way," he said. "We believe that it allows transparency for consumers while
following the intent of Congress that only
food that contains modified genetic material be required to be labeled bioengineered under the law, with food companies having the option of providing additional information if they choose."
The National Grain and Feed Association
said it was pleased the U.S.D.A. adopted
many of its recommendations. The N.G.F.A.
said it was especially pleased with the final
rule's 5% disclosure threshold, which it said
appropriately balances disclosure, market
dynamics and international trade.
"The bioengineered food labeling standard is about providing more access to

information to consumers; it most emphatically is not a food safety standard,"
the N.G.F.A. noted.
Not all groups were pleased with the
new rule, though. Both the Environmental Working Group and the Institute for
Agriculture and Trade Policy took shots
at the legislation.
"It is obvious that this rule is intended
to hide, not disclose, information about
genetically modified foods," said Sharon Treat, senior attorney for the I.A.T.P.
"Many manufacturers will be able to evade
even the minimal requirements of the rule,
and it will sow confusion and burden consumers with the responsibility of researching food ingredients themselves. Instead
of clear on-package labeling, consumers
will have to call or text manufacturers to
find out what's in their food - something
they can do already. The rule adds nothing good to existing voluntary certification
programs and continues to preempt effective G.M.O. labeling programs adopted by
states, including Vermont."
Scott Faber, senior vice-president of
government affairs with the E.W.G., accused the Trump administration of putting the interests of pesticide and biotechnology companies ahead of the interests
of ordinary Americans.
"The final G.M.O. disclosure rule fails to
meet the clear intent of Congress to create
a mandatory disclosure standard that includes all genetically engineered foods and
uses terms that consumers understand,"
Mr. Faber said. "A fair standard should address the needs of consumers who don't
have expensive phones or who live in rural
places with poor cell service but the rule
put forward today simply fails to do that.
"At a time when consumers are asking
more and more questions about the use of
genetic engineering, today's rule will further undermine the technology by sowing
greater confusion among Americans who
simply want the right to know if their food
is genetically modified - the same right
held by consumers in 64 other countries.
"Despite today's disappointing, and likely unlawful, decision, we are pleased that
companies that trust consumers - including Campbell's, Mars, Danone, Kellogg's,
Coca-Cola and Unilever - will voluntarily
disclose all G.M.O.s in all their foods, not
just in those required by the final rule."
The implementation of the standard
follows a rulemaking process that began
in July 2016. More than 14,000 comments
were received and considered during the
rulemaking process. Previously, more
than 112,000 comments were received in
response to 30 questions regarding the
establishment of the standard.
The final rule was published in the Federal Register on Dec. 21. MBN
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Milling & Baking News - January 1, 2019

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