Senators fear ‘anti-consumer loopholes’ in GMA’s SmartLabel

Americans “have a right to easy access of basic information about their food,” said six Democratic senators, including presidential hopeful Bernie Sanders, in questioning the food-industry initiative to use QR codes on packages to divulge data such as genetically engineered ingredients. The trade group Grocery Manufacturers Association launched SmartLabel on Dec. 2 and said many companies would use the technology to say if foods are made with GMOs or are GMO-free. “We worry that this initiative may have significant anti-consumer loopholes,” the senators said in a letter to GMA on the same day negotiations brokered by Agriculture Secretary Tom Vilsack reportedly fizzled in finding a consensus between activists who want nationwide GMO labeling and the food industry, which has spent years and millions of dollars in opposing mandatory labels.

The senators, mostly from New England, where labeling sentiment is strong, said, “We worry that this initiative will instead make it more difficult for consumers to learn basic information about the food products they are buying … Specifically, we have concerns with respect to the implementation of this program and how GMA intends to address issues that deal with consumer privacy, discrimination, and technical feasibility.” Only two-thirds of adults own a smartphone, essential for scanning QR codes, and many of them may not have Internet access from their phones, said the senators, who also asked for assurances that food companies would not use SmartLabel technology to gather information, such as where consumers shop or the products they buy, that could be used to build customer profiles or sold to marketers.

“Consumers have a right to clear, truthful and concise food labels regarding key information about the food products they are purchasing,” said the letter signed by Sens. Sanders and Patrick Leahy of Vermont, Richard Blumenthal and Chris Murphy of Connecticut, Edward Markey of Massachusetts, and Jon Tester of Montana.

Sanders unsuccessfully offered a farm-bill amendment in 2013 to permit states to label “any food, beverage or other edible product” that contains GMO ingredients. It was defeated, 27-71, with a three-fifths majority needed for passage, according to GovTrack.

Besides scanning a QR code, GMA says consumers will be able to find SmartLabel information at foodmakers’ websites, or by searching the Internet for information on a specific product.

Vermont’s first-in-the-nation labeling law takes effect July 1. Connecticut and Maine have GMO labeling laws that would take effect when four neighboring states adopt their own laws. The Vermont law is being challenged by foodmakers in U.S. appellate court.

Vilsack expressed interest last year in using Internet technology to resolve the GMO labeling fight. The House passed an industry-backed bill last year to pre-empt state labeling laws, keep labeling voluntary on the national level, and put USDA in charge of certifying if foods contain GMOs or not. The legislation stalled in the Senate. GMA says a national solution is needed to avoid the expense to food companies of a potential hodge-podge of local labeling requirements.

Food industry and label advocates met for the second time last Thursday without agreement, said Politico. It cited sources as saying no further meetings were planned. “While details on the sessions are scant, industry groups are said to have put forth a compromise based on the [GMA] SmartLabel program that would provide consumers with more information without companies having to label packaging for GMOs,” said Politico.

State Rep. Dennis Canario re-intoduced “a bill that would require foods made with genetically modified ingredients to be labeled in Rhode Island,” said Patch Media. The bill would apply to raw and packaged food and would take effect next Jan 1. The legislation was held for further study last year, says Patch.

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