Environment, Energy and Transportation Program

Labeling Genetically Modified Foods

Report by Carla Kohler and David Naftzger

October 2001

Recent media attention focusing on the Taco Bell taco shells sold in supermarkets made with a corn not approved for human consumption has intensified the public scrutiny of genetically modified (GM) food. Even though much of the processed foods on store shelves contain GM ingredients, none of it is labeled as such. These issues and greater consumer awareness has garnered the attention of state legislatures.

Genetically-modified foods are foods that contain a certain amount of ingredients produced through manipulation of plant genes. One-third of all corn and almost half the soybeans grown in this country come from genetically-modified strains. The US Department of Agriculture has approved 50 genetically altered plant varieties for consumer use.

But along with this growth comes concerns from consumers about the safety of GM foods. Regulatory gaps, such as the one that allowed the unapproved GM corn be used for taco shells, have consumers calling for labeling. Other consumers, highlighted particularly by European consumers, simply do not want to eat GM foods, for moral or political reasons.

State Action

As consumers grow more interested in GM food, so do the states. Several states have introduced legislation that addresses biotechnology and the labeling of genetically-modified food.

In 2001, California, Colorado, Iowa, Maine, Massachusetts, Michigan, Minnesota, New Hampshire and New York introduced legislation requiring labeling of genetically-modified foods. An Iowa law requires labeling of seeds. The New York bill authorizes and regulates the labeling of food products as genetically modified organism-free and directs the Commissioner of Agriculture and Markets to establish a registry of genetically modified organism-free producers.
During the 2000 legislative session, labeling bills were introduced in California, Maine, Michigan, Minnesota, Nebraska, New Hampshire and Vermont. Most simply mandated GM foods be labeled as such. Nebraska sought to look at the difficulties in requiring labeling of GM foods. New Hampshire required labeling requirements for foods which contain any ingredients derived from plant seed that have been treated resulting in artificially heightened immunity to any pesticides or herbicides. The Pennsylvania bill asked Congress to address labeling.

Labeling Legislation Introduced 1999-2001

California

Colorado

Iowa

Maine

Massachusetts

Michigan

Minnesota

Nebraska

New Hampshire

New York

Pennsylvania

Vermont

Citizens in Colorado and Maine are moving towards a ballot initiative requiring labeling.
California introduced a bill that will ensure that parents are aware whether their children are served GM food at school. West Virginia introduced a bill that would ban GM foods from school lunches all together.
A Minnesota bill was introduced that would allow products to be labeled "GMO free" and require that any farmer using GM seeds must follow a process that requires notification to area farmers that GM seeds will be used.
Bills introduced in Maryland and New York would ban the sale distribution or use of genetically engineered seed incapable of producing second generation seed by terminator gene technology.
North Dakota is seeking to ban all genetically-modified wheat seed for the next two years.

Federal Action

Genetically-modified foods are regulated by the Food and Drug Administration (FDA) who must certify product safety prior to sale. Current FDA regulations treat GM food no differently than conventionally produced food and no additional labeling identifying the product as genetically modified is required, unless the biotech ingredients are significantly different from their traditional counterpart. FDA did issue guidance for manufacturers to voluntarily label product made with or without GM ingredients.

USDA and the EPA may review the product as well. USDA determines whether the crop is safe to plant. If the plant expresses a pesticide, the EPA determines whether the plant is safe for the environment.

Last year, the U.S. Congress considered the National Uniformity for Food Act of 2000. In most cases, the measure would have precluded state and local governments from setting safety warnings that exceed those required by the federal government. It would have allowed states to enact their own food safety regulations if there is no federal regulation in effect. But if there is a federal standard, then the federal standard prevails. This would potentially thwart state attempts to require labeling of genetically engineered food.

Selected References

USDA and Biotechnology: Frequently Asked Questions. U.S. Department of Agriculture, Animal and Plant Health Inspection Service.

Vogt, Donna and Jackson, Brian, "Labeling of Genetically Modified Foods," report to Congress, RS20507 (Washington, D.C.: Congressional Research Service), March 20, 2000

Contacts for More Information

Doug Farquhar
NCSL
(303) 364-7700

Return to previous page Agriculture Publications page

Visitor counts for this page.