GMO Labeling Case Study

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How States May Label GMOs
Vermont is in the rulemaking process to determine what will be required on GMO product labels. Currently, Vermont’s regulation states that GMO labels may be located anywhere they can easily be found on the package. There also are guidelines on what size and color the label can be (VT Digger, 2015). So far Vermont’s Attorney General’s Office has decided that manufactures will have to label any packaged food items, unpackaged food items, including fruit and vegetables, and certain foods in delis and bakeries (VT Digger, 2015). Vermont’s laws on what GMO product labels must look like and what will be labeled will give consumers an understanding of what they may be seeing in their stores in the distant future.

Why We
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If one state requires a GMO food product to have a GMO label, while another state does not, that product cannot be sold in the state that requires the labeling due to the fact that it does not have a label on it. This could adversely affect manufactures and distributors and be a violation of the Dormant Commerce Clause, which states individual states cannot cause a burden to interstate commerce (Foscolo & Handel PLLC, 2013).

In order to stop this burden to manufacturers and distributors, the Federal Government may form a regulation, which requires every state to regulate the labeling of GMOs. This will ensure that the states can continue to sell and buy goods with one another without adversely affecting
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The FDA will be responsible for determining which GMO products need to be labeled, what the labels must look like, and where the labels will need to be placed.

Until the Federal Government forms a nationwide mandatory GMO labeling regulation, it will be the individual state governments’ decision on whether or not they will require GMO labeling. If they do require GMO labeling like Vermont, they too will have to decide which products need labeling, what the labels will say, and where they will be placed (VT Digger, 2015).

Manufactures and Suppliers
Manufactures will have to be sure they are properly labeling GMO products. Having to keep the products segregated can be a big cost to all manufacturing companies. In fact, some manufactures have said they “may simply slap a GMO label on everything” in order to keep their costs downs and not risk being penalized (NPR, 2013). Manufactures will also be responsible for distribution. This means they will have to make sure a state that requires the labeling of GMOs is receiving the product that has the label on it. This can be a huge hassle for manufactures because if a state that requires GMO labeling receives product without a label on it, the manufacturer may face

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