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Three Regulatory Actions Prompt  U.S. Congressional Response

5/16/2016

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Three issues on the federal level are garnering greater attention from PFMA members. A Vermont measure to require labeling of any products containing ingredients that may contain Genetically Modified Organisms (GMOs) has drawn the ire of many elected officials. 

The U.S. Senate considered a bill that would preempt state action on GMO and defer all authority regarding food labeling to the FDA. While the bill did receive support, it did not receive the requisite support of both parties in the Senate to receive cloture. Future compromise solutions are likely to be suggested to garner the requisite support, but likely not before the Vermont requirement goes into effect in July 2016.

Also on the federal level, the United States Department of Agriculture (USDA) released its final guidance on the regulations that would require all chains of 20 or more stores to include calorie counts on menu boards. The final guidance did not include any substantial changes from previous versions. The regulations are set to go into effect one year following the release of this guidance, or May 2017.

In response, Congress has proposed the Common Sense Nutrition Disclosure Act, which gives the industry flexibility and lessens the severe penalties for good-faith compliance efforts. The bill passed the House in February by a large margin and is currently under consideration by the Senate Health, Labor, Energy and Pensions Committee.

Finally the USDA has proposed regulations that would severely limit store eligibility for the Supplemental Nutrition Assistance Program (SNAP). SNAP stores would be required to increase the number and depth of stock for the four staple food categories, deny eligibility for stores that whose sales of prepared food exceed a certain level, and discount multiple ingredient foods when determining eligibility. This will greatly limit the ability of small and independent grocers from participating in SNAP.

The move has already received the attention of Congress, many of whom feel that USDA exceeded the statutory authority and intent given in the Farm Bill. The regulatory package is currently open for comment, and PFMA will submit comments on behalf of its members by the May 18 deadline. Members are encouraged to do the same. Please contact Steve Neidlinger 717-760-5922 or sneidlinger@pfma.net) for information on how to submit comments.

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