According to news sources, the Codex Alimentarius Commission concluded its
meeting in Geneva by reaching an agreement on labeling foods that contain
genetically modified (GM) ingredients. While the guidance is not mandatory,
it would allow countries to label GM foods without risking a legal challenge
before the World Trade Organization. National laws based on Codex guidance
or standards cannot apparently be challenged as trade barriers. The matter
has been debated before the commission, which consists of food safety
regulatory agencies and organizations from around the world, for some two
decades.

Consumer interest organizations were apparently pleased with the agreement,
but had urged the commission to adopt mandatory labeling. Still,
a Consumers Union scientist reportedly said, “We are particularly pleased
that the new guidance recognizes that GM labeling is justified as a tool for
post-market monitoring. This is one of the key reasons we want all GM foods
to be required to be labeled—so that if consumers eat modified foods, they
will be able to know and report to regulators if they have an allergic or other adverse reaction.” Meanwhile, the Biotechnology Industry Organization, which endorsed the agreement as “totally consistent with the U.S. position,” emphasized that the agreement “says no new guidelines are needed,” and it is “just a compilation of existing texts with a consideration statement that says foods derived from biotech are no different from other foods based on method of product[ion]. It also encourages companies to be consistent with Codex guidelines.”

In a related matter, U.S. trade and agriculture officials, citing scientific
evidence on the additive’s safety, reportedly criticized the commission for
failing to move forward with standards on ractopamine, a feed additive.
Commission members were apparently unable to reach a consensus about
the drug, which is used to enhance leanness in pork and beef. Without a
Codex standard, some governments, including Taiwan’s, have restricted U.S.
beef imports because the meat has trace amounts of ractopamine. Trade talks
with Taiwan’s government broke down over the issue in October 2009. See The
Hill, July 5, 2011; Law360, July 6, 2011; Agweek, July 11, 2011.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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