The National Law Review
August 1, 2016
We have previously discussed the provisions of the National Bioengineered Food Disclosure Standard (S. 764).
On July 29, President Barack Obama signed S. 764 into federal law. The new law clearly preempts Vermont’s genetic engineering (GE) labeling law. There are two express preemption provisions in the law.
First, Section 293(e) states that “no State or political subdivision of a State may directly or indirectly establish under any authority or continue in effect as to any food in interstate commerce any requirements relating to the labeling or disclosure of whether a food is bioengineered or was developed or produced using bioengineering for a food that is the subject of the national bioengineered food disclosure statement under this section that is not identical to the mandatory disclosure requirements under that standard.” This preemption provision is limited to the foods covered by the federal law, which include products regulated by the Federal Food and Drug Administration (FDA) and some products regulated by the U.S. Department of Agriculture (USDA) but only where an FDA regulated food is the first ingredient or the first ingredient is broth, stock, water or a similar solution and the second ingredient is an FDA regulated product.