The DARK Act: A GMO Labeling Bill

Denying Americans the Right to Know: A GMO Labeling Bill
The following article originally appeared in the October-November 2015 issue of the Rolling Oats Journal. Since then, some aspects of this act may have been altered as it currently being reviewed in the senate. However, the DARK Act's main initiative remains the same: the national standardization of GMO labeling and denying American's the right to know the safety of their food. 

 On July 23rd, the Safe and Accurate Food Labeling Act, or HR 1599, passed in the House of Representatives. Although it has not yet passed in the senate, if it were to pass, the act would have a major affect on the American food labeling system specifically regarding the use and labeling of GMO crops. Dubbed “Monsanto’s Dream Bill” or, more popularly, the DARK act, HR 1599 would dramatically affect the way the food industry communicates about GMOs and make it more difficult to avoid them.

Republican Senator Mike Pompeo (4D-Kansas) introduced the Safe and Accurate Food Labeling Act of 2015 in March of last year. This act had previously been introduced under the same name in 2014 but died in committee. This Act would amend the existing Federal Food, Drug, and Cosmetic Act enacted in 1992. Pompeo’s vision is that it would create a more consistent labeling system in American food products, specifically targeting Genetically Modified Organisms (GMO) labeling and the use of the term “Natural.” The USDA would create a certification program for GMO labeling and determine whether or not a product containing GMOs is safe to eat. This program would also override all independent non-GMO certifiers and all State laws in effect regarding GMO food product labeling and the growing of GMO crops. The Act is broken down in to three sections: Food Safety Affirmation for Certain Plant Products, Genetic Engineering Certification, and Natural Foods.

Section 1: Food Safety Affirmation for Certain Plant Products

The first section regarding food safety states that the use of genetic engineering in foods doesn’t necessarily differentiate those foods from a food grown without the use of GMOs. It goes on to say that the Secretary of Health and Human Services may require a GMO label if there is a distinct “material” difference between the GMO food and its comparable counterpart or if the use of the GMO endangers public health or a lack of a label would be misleading to the consumer. After the passage of this Act, it would be unlawful to sell GMO goods that are unregulated by the FDA unless the Secretary approves the produced GMO food to be safe under the current consultation process enforced by the original Federal Food, Drug, and Cosmetic Act, if the food had already undergone the original consultation process before the date of enactment, and if the food producer undergoing consultation has responded to and resolved all questions asked regarding the safety of their use of GMOs and published those answers on the Department of Agriculture website. This section of the Act exempts food producers who are producing GMOs for the use of research and developmental testing, those who use processing aids or enzymes from GMO plants in food production, and those who use GMO plants to feed microorganisms used in processing. In addition, this sections states that the USDA will publish on their website, a list of all unregulated genetically engineered foods, the petitions and determinations made by the secretary regarding GMO foods, and notifications of findings about GMO plants used in foods. All of the above regulations and actions are to be carried out within one year of enactment. However, the enactment would immediately override all State and political subdivisions that have any laws in effect requiring or limiting the sale or production of genetically engineered foods.  Currently, over 30 states have introduced legislation regarding GMO labeling and Maine, Connecticut, and Vermont have passed GMO labeling laws. (Center for Food Safety)

Section 2: Genetic Engineering Certification

The second section introduces a Genetic Engineering Certification Process. It states that the USDA would create a voluntary GMO food certification program for both GMO and Non-GMO foods. Foods would be labeled with a seal, much like the certified organic program. In order for products to be certified without GMOs, producers must not plant GMO seed or bring their products in contact with GMO plants anytime during production, transportation, or storage. However, producers are still eligible for non-GMO certification if they used a genetically engineered microorganism or processing enzyme, if their microorganisms fed on genetically engineered nutrients, or if they use an approved GMO on the National List of the Organic Food Production Act. Meat produced from animals that consumed GMO feed is eligible for a non-GMO certification. GMO certification is much easier to attain, primarily stating that the labeling of the product must not make any claims that are false or misleading. Labeling for both GMO and non-GMO foods must not claim that the product is of higher quality because it was produced with or without the use of genetically engineered ingredients. This section of the Act reiterates that with enactment; States may not create or maintain their own labeling systems for GMOs.

Section 3: Natural Foods

The third section of the Act calls for FDA standardization of the use of the term “Natural.”

Why this Act is of concern:

The Act would essentially make it more difficult for consumers to decipher between GMO and non-GMO foods, relinquish the messaging about the dangers of GMO foods, and allow companies to market GMO foods as safe and “natural” food product. This Act ignores the research about the dangers of GMOs and the strong desire in much of the American population to know if there are GMOs in the food they are consuming. Polls consistently suggest that 90% of Americans support GMO labeling.

GMOs are in most processed foods. The five main GMO crops today are canola, sugar beets (most sugar in conventional products not listed as cane sugar comes from sugar beets), corn, soy, and cotton. Most commonly, GMOs are used in these crops to resist the heavy pesticide application that most mono-cropped plants have to endure. With genetic modification, the plants are resistant to pesticides. Although, in some cases, corn and cotton plants are injected with genes that make the individual plant cells an insecticide. Almost all processed foods contain one or more of these ingredients and, therefore, most Americans consume GMOs on a daily basis without knowing it.

Because GMOs are so widely used and health risks regarding GMOs are unmonitored by the FDA, there has been very little research about the health effects of GMOs on humans. Still, there are many organizations working against the use of GMOs that have done important research about the health dangers linked to consuming GMOs. GMOs have been linked to allergies, toxins, new diseases and nutritional problems in mammals and are believed to have more unpredictable side effects. (Institute for Responsible Technology). 64 countries around the world have passed laws requiring GMO labeling because they are concerned about the health risks. (Center for Food Safety).

Where the DARK Act is now:

On July 23rd, the DARK Act passed in the House in a vote of 250-175. It is now waiting in the Senate. If the bill were to pass senate, it would move to the president to sign.

Americans always have the opportunity to vote with their dollars. As a co-op, we do our best to keep you in the know about GMOs and actively support the push for GMO labeling legislation in Minnesota. In the meantime, here’s a simple 4-step guide to avoiding GMOs from the Institute of Responsible Technology.

1.  Buy Organic (Organic standards don’t allow the use of GMO products)

2.  Look for Non-GMO project seals throughout the store.

3.  Avoid At-Risk Ingredients (The main 5: Soy, Corn, Canola, Cottonseed, and sugar beets)

4.  Use the Non-GMO Shopping Guide from the Institute for Responsible Technology found at nongmoshoppingguide.org