A CRUMMY LAW LEADS TO CRUMMY GMO REGULATIONS.

• Author: Linnekin, Baylen
• Position: FOOD - National Bioengineered Food Disclosure Standard

THE NATIONAL BIOENGINEERED Food Disclosure Standard, signed into law by President Barack Obama in 2016, was billed as a compromise that would put an end to years of litigation over the labeling of genetically modified organisms (GMOs) in our food. Now that the U.S. Department of Agriculture (USDA) has gotten around to actually writing proposed regulations as required under the law, it's more apparent than ever that the legislation will likely trigger years (if not decades) of continuing controversy, confusion, and court battles.

Despite clear evidence showing GMOs are safe to eat, they have long been targeted by a variety of activists. In recent years, some states responded to the whims of these anti-GMO activists by passing mandatory labeling laws. Vermont's shortlived law was so bad that it drew a First Amendment challenge and, later, spurred Congress to pass the federal standard, which prohibits states from creating a confusing patchwork of such legislation.

If that's all the federal law did, it might be worth supporting. Unfortunately, Congress can seldom resist going beyond the bare minimum.

Two features of the National Bioengineered Food Disclosure Standard are particularly troubling. First, the law leaves room for "other factors and conditions" that would trigger mandatory GMO labeling. That vague language is sure to sow confusion and lead to lawsuits for years to come. Second, the federal law allows food marketers to disclose GMO content via "text, symbol, or electronic or digital link." That leaves open the possibility that food marketers could simply use QR codes--those square-shaped graphics that have to be scanned with a mobile device in order to convey any information. Like the "other factors and conditions" language, this is almost certain to spur consumer bewilderment and result in litigation.

The law's vagueness has hampered the USDA's ability to write coherent regulations. Secretary of Agriculture Sonny Perdue warned in April that the agency could miss its deadline for introducing the required regulations. Now the proposed rules published in the Federal Register have spurred a backlash from both producers and consumers.

The...