DARK Act to be challenged

Posted 8/21/12

The campaign by various groups to have clear labels on food that include genetically modified organisms has been short-circuited by Congress and President Barack Obama. Congress passed and Obama …

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DARK Act to be challenged

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The campaign by various groups to have clear labels on food that include genetically modified organisms has been short-circuited by Congress and President Barack Obama. Congress passed and Obama signed the Safe and Accurate Food Labeling (SAFE) Act, which is also known by opponents as the Deny Americans Right to Know (DARK) Act.

Vermont’s GMO labeling law went into effect July 1. Obama signed the DARK Act on August 5, effectively killing Vermont’s law, and those from any other state where lawmakers believe consumers should have clear and simple information about what’s in the food they buy.

The DARK Act is anything but clear and simple. The measure would allow companies to inform consumers about GMO ingredients through text on the packaging, machine-readable QR codes or 800 telephone numbers. If companies choose the QR code route, people without smart phones won’t be able to get the information at all. This aspect has already brought a legal challenge against the law claiming it violates the 14th Amendment’s guarantee of equal protection.

Further, according the U.S. Food and Drug Administration (FDA), the bill as written might result in many foods with GMO products not being so labeled. The FDA wrote, “The definition of ‘bioengineering’ would result in a somewhat narrow scope of coverage. First, in subparagraph (A), the phrase ‘that contains genetic material’ will likely mean that many foods from [GMO] sources will not be subject to this bill. For instance, oil made from [GMO] soy would not have any genetic material in it. Likewise, starches and purified proteins would not be covered.”

The bill would be implemented by the U.S. Department of Agriculture, which has established a working group to determine exactly how the agency will decide if a food has GMO ingredients. But it hardly seems to matter, because there are no penalties for companies that don’t comply.

The DARK Act did not go through the typical legislative process. There were no hearings on the matter and no expert witnesses were called. It is a bad bill that illustrates that our elected representatives don’t really care much about the desires of their constituents and are much more interested in pleasing large industries such as the food industry and biotech companies such as Monsanto.

Polls have consistently shown that more than 90% of consumers in this country want to be able to read the label of a package to determine whether or not the food inside the package contains GMO ingredients. President Obama knows this and has known it for a long time. When he was campaigning for his first term in office in 2007, he said, “We’ll let folks know if their food has been genetically modified because Americans should know what they’re buying.” Now, he has signed legislation that was what Sen. Barbara Boxer calls “a sham and an embarrassment.”

In Pennsylvania, senators Pat Toomey and Bob Casey voted in favor of the DARK Act, while Rep. Tom Marino did not vote on the measure. In New York, senators Chuck Schumer, Kristin Gillibrand and Rep. Chris Gibson all voted against it.

Many advocacy organizations, including Consumers Union, Center for Food Safety, Food and Water Watch, and Food Democracy Now have slammed the law as a gift to the industry.

Tell your elected officials: people have a right to know what’s in their food.

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