FSMA Preventative Controls Rule and GMO Labeling
Introduction
During his campaign Donald Trump pledged to roll back regulations. Upon entering the White House, President Trump made good on that promise with the January 30, 2017, Executive Order (EO) entitled “Reducing Regulation and Controlling Regulatory Costs.” The EO directed federal agencies to abolish two regulations for every new regulation implemented (PMA, 2017). In terms of the FDA Food Safety Modernization Act (FSMA), food safety advocates are concerned that producers may look forward to rolling back the current labeling law that requires produces to label products that contain genetically modified organisms (GMOs) as such on their Nutrition Facts Panel. This issue is important because the Food and Drug Administration (FDA) implemented new Nutrition Facts Panel requirements most recently in 2016 so that consumers could feel more confident about making purchases. The Vermont GMO mandatory labeling law went into effect in July of that year (PMA, 2016) and it requires the U.S. Department of Agriculture (USDA) to have governing regulations in place by 2018 regarding the “disclosure of genetically modified ingredients on food labels” (PMA, 2017). The issue at stake here is whether the FDA and USDA will comply with the GMO regulation or seek to have it rescinded so as to be in compliance with Trump’s EO, and that outcome is likely to affect the extent to which FSMA preventive controls guidance is issued on time by small businesses. As the FDA (2017) notes, FSMA compliance is staggered among sectors and most deadlines are not until 2018. The FSMA Final Rule for Preventive Controls for Human Food, “which became final in September 2015, requires food facilities to have a food safety plan in place that includes an analysis of hazards and risk-based preventive controls to minimize or prevent the identified hazards” (FDA, 2017). If Trump’s EO gains traction among the FDA and USDA with respect to nutrition labeling, compliance with the FSMA Preventative Controls Rule could also be at jeopardy.
Background
The FSMA was signed into law by President Obama in 2010. However, several agencies have taken issue with the Act because so many industries are impacted by it—from farms to factories—and so many processes, from buying to selling domestically...
References
FDA. (2017). FSMA Final Rule for Preventive Controls for Human Food. Retrieved
from https://www.fda.gov/Food/GuidanceRegulation/FSMA/ucm334115.htm
FSMA. (2017). Frequently asked questions on FSMA. Retrieved from
https://www.fda.gov/Food/GuidanceRegulation/FSMA/ucm247559.htm#Intentional_Adulteration
McGeary, J. (2014). Progress in the continuing FSMA saga and GMOs heat up for
2014. Retrieved from https://www.westonaprice.org/progress-in-the-continuing-fsma-saga-and-gmos-heat-up-for-2014/
PMA. (2016). GMO labeling negotiations near final. Retrieved from
https://www.pma.com/content/articles/2016/07/gmo-labeling-negotiations-near-final
https://www.pma.com/content/articles/2017/03/us-in-transition-fsma-and-nutrition-labeling
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