Concerning whether highly refined products made from bioengineering should be covered, USDA acknowledges two prevailing, opposing viewpoints: If a bioengineered genetic material has been removed from the food to the extent that it is undetectable by common testing methods, the food should be exempt because it does not contain bioengineered material. On the contrary, if a food is produced from bioengineering, it should by definition be covered. Simply because a test may not detect bioengineered material doesn’t mean it’s not present. Some studies have found such genetic materials present in highly refined oils and sugars, while other tests were inconclusive.
To resolve the dispute, USDA is requesting information from additional studies as well as comments on which of the two positions better interprets the statutory definition of bioengineering.
Symbolic Choices
Another still-to-be resolved issue concerns the GMO symbol. USDA is proposing three alternatives: a circle with a green circumference with the capital letters “BE” in white type; a filled green circle with the lower-case letters “be” with the hint of a smiley face and with 10 triangular leaves evenly spaced along the circumference; or a circle with dotted circumference, with the lower-case letters “be” and the hint of a smiley face. Click here to view options. The agency wants feedback on “perceptions, beliefs, or feelings” about each of the proposed symbols, particularly the message each communicates to consumers.
A number of early comments submitted by members of the public focused on these symbols. Many disliked them, calling them “misleading” or “cartoonish.” Others said the smiley face was deceptively suggestive of bioengineered food being good or healthy when, in fact, it might well be the opposite.
When the GMO label law was passed two years ago, some critics complained that it too narrowly defined bioengineering and would allow companies to not disclose GMOs produced by new technologies, such as “gene editing.” At the time, USDA contended that it had sufficient authority to consider the matter.
The new draft regulation, however, does not address the matter in any detail. Instead, USDA “recognizes that technologies continue to evolve, and that food produced through a specific technology may or may not meet the definition of BE [bioengineered] food.” The agency says it will consult with other agencies, including APHIS, EPA, and FDA, to keep abreast of the commercialization of new technologies, and will issue annual updates, subject to review and comment.
To reduce the compliance burden on food manufacturers, USDA will develop and maintain two lists of commercially produced bioengineered foods. Only foods on either of these lists are subject to disclosure.
One list will include bioengineered foods having a “high adoption rate,” defined as comprising 85 percent or more of U.S. planting or production. Examples include bioengineered canola (90 percent), bioengineered field corn (92 percent), bioengineered cotton (93 percent), bioengineered soybean (93 percent), and bioengineered sugar beet (100 percent). The other list would be bioengineered foods that are “not highly adopted,” or representing less than 85 percent of U.S. planting or production, such as apples, sweet corn, papaya, potato, and summer squash.
While foods from either list must be disclosed, the text wording will differ. High adoption bioengineered foods must be worded “Bioengineered food” or “Contains a bioengineered food ingredient.” Non-high adoption foods must be worded “May be a bioengineered food,” or “May contain a bioengineered food ingredient,” or “Contains a bioengineered food ingredient.”
‘Scan Here’
Instead of text or the GMO symbol, the law allows food manufacturers the option of using an “electronic or digital link,” such as a QR or quick response code. The draft regulation proposes the code be accompanied by such wording as ‘‘Scan anywhere on package for more food information’’ or ‘‘Scan icon for more food information.’’
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