Biotechnology Labeling Legislation

Grocery Manufacturers of America 27apr99

BACKGROUND

Modern biotechnology provides farmers and food producers with the latest tools in the search for better, more healthful foods as well as foods that are resistant to certain pests and tolerant to environmental stresses such as drought. With biotechnology, producers can provide a more abundant, better quality and more nutritious food supply to consumers.

Under current law, the developer of a new technology or new food using modern biotechnology is expected to consult with the Food and Drug Administration (FDA) before using the technology or introducing the food into interstate commerce. If the technology or the food derived from it is not safe, FDA will not permit its marketing.

Moreover, under FDA's current labeling policy, special labeling for such foods is required if a significant constituent is added or changed, as may be the case with allergens or certain nutritional substances. Foods derived from biotech commodities, such as soy, corn, and canola which are comparable or "substantially equivalent" to traditional varieties, do not necessitate labeling. Under FDA's current policy, manufacturers also can make voluntary biotech claims about their products. These claims, like all claims, must be truthful, clear and non-misleading to consumers in the information they convey.

Consumer surveys repeatedly demonstrate a desire among consumers for more information about the products they purchase. Information from a variety of sources, including brochures, 1-800 hotlines, and websites, help respond to this demand. To require, however, that biotech foods bear special labeling to distinguish them from their traditional counterparts would likely mislead consumers into believing that these products are unsafe or otherwise different. Ultimately, markets will develop to cater to consumers who are interested in purchasing nonbiotech foods and are willing to pay a price for that assurance -- just as markets have developed for organic and other specialty foods.

OUTLOOK

In mid-November, Rep. Dennis Kucinich (D-OH) introduced legislation in Congress that would mandate labeling of food containing or derived from "genetically engineered material" (i.e., H.R. 3377). The legislation would affect food and food ingredients derived from biotech commodities as well as products from animals fed biotech feed. In mid-February, Sen. Barbara Boxer (D-CA) introduced similar legislation in the Senate (S. 2080). Kucinich also introduced legislation that would require testing of food additives in late February followed by similar legislation in the Senate that was introduced by Daniel P. Moynihan (D-NY).

GMA is opposed to the legislation. It is contrary to current law as well as the history and guiding philosophy of food regulation in the United States. Under this policy, products are labeled only when they are characteristically different from their traditional counterparts or contain an allergen not present in the traditional food. In essence, information that is essential to consumer protection guides U.S. labeling policy. Still, GMA believes consumers should have access to relevant information about the foods they eat and, along 35 other organizations that are members of the Alliance for Better Foods, is encouraging a broader fact-based dialogue on the benefits of biotech foods.