GMO-label pre-emption unpalatable on its own, says senator

North Dakota Sen. Heidi Heitkamp says legislation that pre-empts state laws without other action on GMO food labeling would see little support in the Senate. “I don’t think you’re going to be able to sell that,” Heitkamp told Agri-Pulse.

The Senate Agriculture Committee is scheduled to vote today on chairman Pat Roberts’ bill to pre-empt state labeling laws and to put the USDA in charge of certifying if foods are GMO or non-GMO. Heitkamp is a member of the committee and one of three Democrats who could play an important role in resolving the issue. Republicans control the committee, 11-9.

“I’m willing to look at a form of pre-emption so that we can enhance interstate commerce and assist with nationwide labeling,” Heitkamp said in the Agri-Pulse interview. “I think everybody’s trying to find solutions.” The House passed a pre-emption bill last year that keeps labeling voluntary on the national level but the bill has stalled in the Senate, where no Democrat was willing to back it.

Vermont’s first-in-the-nation food-labeling law takes effect July 1. The food industry is pressing for speedy action to block Vermont on grounds of additional costs in segregating ingredients and in labeling and distributing its products. Just as she said a blanket pre-emption and voluntary labeling was unacceptable, Heitkamp added, “I think that’s a deal breaker” if labeling advocates demand a mandatory labeling system that takes effect almost immediately.

“The committee will proceed with the chairman’s mark tomorrow,” said a Roberts aide on Monday. A spokesman for Michigan Sen. Debbie Stabenow, the senior Democrat on the committee, declined to say whether Stabenow planned to offer an alternative.

Although Republicans control the Senate, 54-46, in many cases 60 votes are needed to bring a bill to passage so bipartisan support is crucial for success.

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