How California Could Force the Rest of the U.S. to Label GMO Foods

Tom Philpott
Published: Friday 1 June 2012
Everything from high fructose corn syrup-sweetened Coke to soybean oil-containing Hellman’s would have to bear a label reading something like “Contains GMO ingredients.”
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In November, California voters will decide on a ballot initiative that would require labeling of all foods containing ingredients from genetically modified crops. The initiative made it to the ballot after almost 1 million Californians signed a petition in favor of it—nearly double the 504,760 signatures needed under the state's proposition rules. The campaign that organized the push to get the measure on the ballot focused on possible health effects of GMO foods.

This news will not likely be applauded by my friends over at Crop life America, the main trade group of the GM seed/agrichemical industry. The big GMO crops—corn, soy, sugar beets, and cotton—are processed into sweeteners, fats, and additives used widely by the food industry. Everything from high fructose corn syrup-sweetened Coke to soybean oil-containing Hellman’s would have to bear a label reading something like "Contains GMO ingredients."

That would send a shockwave through the food industry—one that could ultimately be felt on the industrial-scale U.S. farms that have been devoting their land to GMO crops for years, and the companies that profit from selling them patented seeds and matching herbicides. The reason isn't just that California represents an imposing chunk of the U.S. food market. It's also that a food-labeling law that starts in California is unlikely to stay in California.

To see why, look at the case of another practice beloved of US agribusiness: that of stuffing egg-laying hens into cages so tight that they can't turn around.

Back in 2008, California voters mulled a ballot initiative to ban that production method by 2015. The egg industry fought the proposal bitterly—but Proposition Two (as it was known) won anyway, by a margin of nearly two-to-one. Two years later, the California legislature passed a law applying the new rules to all eggs sold in the state—foiling the industry's threat to close shop in California and send in eggs from hens caged in other states.

But the initiative was never really just about California. Its main champion, the Humane Society of the United States, was clear about that from the start. As HSUS's Paul Shapiro told Grist weeks before the 2008 vote, "Nobody can ignore the fact that California is the largest agricultural state in the country and it's often a trend-setting state. We envision national reforms coming from passage of Prop. 2.”

Shapiro's words proved prescient. In July 2011, less than three years after the California initiative's passage, executives from the egg industry's main trade group joined forces with their peers from HSUS to propose national legislation that would essentially make the California rules the law of the land. The legislation hasn't gone anywhere yet, but with the industry vowing to support and not crush it in Congress, the days of stuffing hens in tiny cages seem numbered.

Why did the egg industry crack? Did these hard-boiled execs experience a sudden pang of conscience over the plight of the millions of hens confined in their egg factories? More likely, they were acting in deference to a basic law of capitalism: differentiation costs money. Nearly 38 million people live in California—12 percent of the entire U.S. population, and 17 percent of the U.S. egg market, according to the USDA. It's costly and cumbersome to apply one set of production rules to eggs for California's vast horde of consumers, and another to everyone else. So the egg industry wants a set of standards that applies nationwide.

Similarly, if massive food processors like Kraft and Unilever are forced to label essentially all of their products just for the California market, it likely won't be long before they're pushing for national labeling—or simply just labeling everything for the national market.

It's hard to say how consumers would react to national GMO labeling, but there's evidence that a substantial portion of them might reject GMOs and demand alternatives. A recent national poll by the Mellman Group found that 91 percent of respondents favored GMO labeling, a result that was roughly consistent among Democrats, Republicans, and independents. The fact that they want that information suggests that they may be willing to act on it.

If they do, they'll initially find that the only way to avoid GMOs is to buy certified-organic products, which by USDA code can't contain GMOs. As of last year, genetically modified seeds accounted for 94 percent of U.S. soy and three-quarters of corn and cotton (which makes it into the food supply in the form of cottonseed oil, a popular fat for the food industry). A move to labeling would likely create a robust market in non-GMO, conventional versions of those crops, giving large-scale farmers incentive to transition away from GMOs and cutting into the profits of giants like Monsanto, Syngenta, and DuPont. If a substantial percentage of them did, that would be a hard blow to the profit plans of the big agrichemical companies, whose business models are based on constant growth, not shrinkage.

As I've written before, herbicide-tolerant GMO technologies have pushed U.S. farmers to apply ever greater doses of ever-more toxic herbicides. New-generation GM seeds from Monsanto and Dow promise to accelerate that trend. So far, regulatory agencies like USDA and EPA have proven utterly unable to check this slow-motion, GMO-generated gusher of agrichemicals onto our prime farmland and ultimately into the water of millions of people.

Where regulators have failed, California's voters might ultimately make a difference.



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7 comments on "How California Could Force the Rest of the U.S. to Label GMO Foods"

shari

June 03, 2012 10:07am

I agree w/gvsahunt: FDA & EPA have been unwilling - not unable - to put a check on the spread of GMO's. Far too many high level directors are former Monsanto employees; of course they know how to keep the money rolling in; along w/guaranteed high paying jobs once they leave the Feds. It's business as usual for Monsanto and a revolving door where there should be actual concern for public health. I sure hope California passes this initiative. I've done my part and sent money to the campaign. I hope you can help out too.

anono

June 03, 2012 7:40am

To the tune of let it snow.

If your tomato's tastin' fishy
and your popcorn smells like salamander
there's just one thing you should know
It's GMO, GMO, GMO

KTemby

June 02, 2012 3:18pm

I’ve been reading nationofchange for the past year and become horrified by Monsanto’s actions. This article in particular is really interesting: http://www.nationofchange.org/first-super-weeds-now-super-insects-thanks...

It woke me up to the fact that I consume tons of GMO foods – in soda (high fructose corn syrup), ‘naturally grown meat’ (bt corn feed) and even my tortilla chips (should have realized.. but I didn’t even *think*! about it)... just avoiding non-organic corn is NOT effective [sigh]!

I found this website http://saraant.wordpress.com/corporate-bs/chipotle-grill/ wondering whether Chipotle would be a food-safe place to eat on my lunch-break – sounds like they’re less bad than others, but even they have GMO contamination.

I’d love to see the OMG GMO WTF ARE WE EATING style campaign really kick off (somebody made a t-shirt with that on it!). I read in another article that viruses are used to break into the cells of plants and deliver the bt bacteria and other species’ dna – literally ‘infected food’. Once I started learning of the effects GMO were having on the food supply, bees, and our own bodies, and just how many scientists are talking about this, I really started caring – even started planting my own veggie garden in the back yard (non-GMO seeds)!

gvsahunt@comcast.net

June 02, 2012 12:29pm

It's not that the FDA and the EPA have been UNABLE to check the flow of Agrichemicals into our farmlands - they are UNWILLING because they are
"owned " by Monsanto (Vilsack et. all) !!!!!!!!

bunky

June 01, 2012 9:36pm

I have read about how GMO foods are produced and tested (ok, if consumer doesn't die too quickly) and labeling will make it easier for me to avoid them.

Jeffrey Hill

June 01, 2012 5:12pm

I'll second that!

(Monsanto will have fits!)

Scott Ashley

June 01, 2012 1:52pm

Let us pray they do.