“The Food Safety and Inspection Service is announcing the availability of the agency’s compliance guidance on how companies can make label or labeling claims concerning the fact that bioengineered or genetically modified ingredients or animal feed were not used in the production of meat, poultry or egg products. For purposes of this guidance document, these claims will be referred to as ‘negative claims,’” an FSIS release said.
In the Aug. 24 edition of the Federal Register, FSIS announced it has developed a compliance guide for companies that seek to make label or labeling claims concerning the fact that bioengineered or GM ingredients were not used in a meat, poultry or egg product.
“This guidance also provides information on how companies can make label or labeling claims that a product was produced from livestock or poultry that were not fed bioengineered or GM feed. For purposes of this guidance document, these claims will be referred to as ‘negative claims.’”
FSIS has approved negative claims through its prior label approval process. Because FSIS does not have the ability to independently verify negative claims for ingredients or feed, FSIS has required establishments that make these claims to comply with standards established by a third-party certifying organization.
“FSIS currently requires that the third-party certifying organization’s standards be publicly available on a website and the label or labeling disclose the website address of the third-party certifying organization. FSIS currently requires that the establishment demonstrate that its claims of third-party certification are truthful and not misleading,” the release said.
As a policy matter, prior to issuing this guidance document, FSIS has not allowed the use of the terms “genetically modified organism” or “GMO” in negative claims. FSIS has allowed the use of the terms “genetically modified organism” or “GMO” on product labels or labeling only if the name of the third-party certifying organization contains these terms (e.g. “Non-GMO Project”). However, recent legislation was enacted (Pub L 114-216) requiring the Secretary of Agriculture to develop and implement a mandatory national bioengineered food disclosure standard within two years. This legislation also addresses negative claims, providing that “a food may not be considered to be `not bioengineered’ or `non-GMO,’ or any other similar claim describing the absence of bioengineering in the food solely because the food is not required to bear a disclosure that the food is bioengineered under this subtitle.” Therefore, FSIS has reconsidered its position and will allow the use of the terms “genetically modified organism” or “GMO” in negative claims provided that the label or labeling is otherwise truthful and not misleading.
Effective immediately, FSIS will begin approving negative claims for meat, poultry and egg products that do not contain bioengineered ingredients or that are derived from livestock that do not consume bioengineered feed and that contain the terms “genetically modified organism” or “GMO.” In evaluating such claims, FSIS will utilize the definition of “bioengineering” in Public Law 114-216. In that law, the term “bioengineering” refers to a food that contains genetic material that has been modified through in vitro recombinant deoxyribonucleic acid techniques and for which the modification could not otherwise be obtained through conventional breeding or found in nature.
Consistent with past practice, FSIS will continue to allow the use of synonymous terms such as “genetically engineered.” If FSIS has approved an organic claim on the product label, establishments may add an applicable negative claim of the kind discussed in the guidance.
FSIS encourages companies to follow this guidance. This guidance represents FSIS’s current thinking, and FSIS welcomes comment on this compliance guidance and will update it as necessary to reflect comments received and any additional information that becomes available.
Comments must be received by Oct. 24.
A downloadable version of the compliance guidance is available to view and print at http://www.fsis.usda.gov/wps/portal/fsis/topics/regulatory-compliance/labeling/claims-guidance/procedures-nongenetically-engineered-statement. No hard copies of the compliance guidance have been published.
FSIS invites interested persons to submit comments on this notice. Comments may be submitted by one of the following methods:
Federal eRulemaking Portal: This website provides the ability to type short comments directly into the comment field on this web page or attach a file for lengthier comments. Go to http://www.regulations.gov/. Follow the online instructions at that site for submitting comments.
Mail, including CD-ROMs: Send to Docket Clerk, U.S. Department of Agriculture, Food Safety and Inspection Service, Patriots Plaza 3, 1400 Independence Avenue SW., Mailstop 3782, Room 8-163B, Washington, D.C. 20250-3700.
Hand- or courier-delivered submittals: Deliver to Patriots Plaza 3, 355 E Street SW., Room 8-163A, Washington, D.C. 20250-3700.
All items submitted by mail or electronic mail must include the Agency name, docket number FSIS-2016-0027 and the document title: Statements that Bioengineered or Genetically Modified Ingredients or Animal Feed Were not Used in the Production of Meat, Poultry or Egg Products. Comments received in response to this docket will be made available for public inspection and posted without change, including any personal information, to http://www.regulations.gov.
For additional information about FSIS labeling policies and programs, including Generic Label Approval, please review the FSIS website at: http://www.fsis.usda.gov/wps/portal/fsis/topics/regulatory-compliance/labeling/ or contact the Labeling and Program Delivery Staff at 301-504-0878 or 301-504-0879.
Source: hpj
