Current Status of Food Traceability and Labeling in USA* Alan McHughen, D.Phil., University of California Riverside, Ca USA *- and some EU info from Willy DeGreef

Grounds for EU GM food traceability European traceability rules are intended for food safety management AND for consumer choice. European traceability rules are intended for food safety management AND for consumer choice. This dual purpose has created an unwieldy regulation which has proven difficult to apply and unsatisfactory for some consumers This dual purpose has created an unwieldy regulation which has proven difficult to apply and unsatisfactory for some consumers (W. DeGreef)

Starting point Farmer buys certified seed, highest purity obtainable for commodity crop Farmer buys certified seed, highest purity obtainable for commodity crop Purity is guaranteed to 95% Purity is guaranteed to 95% Farmer may instead use saved, common or “brown bag” common seed Farmer may instead use saved, common or “brown bag” common seed Purity level is unknown. Purity level is unknown.

Sources of impurity: Farm From Farm to Port From Farm to Port Seed transport and storage on farm Seed transport and storage on farm Seeding equipment Seeding equipment Volunteers and weeds in field Volunteers and weeds in field Pollen and seed flow from other fields Pollen and seed flow from other fields Harvesting equipment Harvesting equipment Storage and Transport. Storage and Transport.

Sources of impurity: Delivery Admixtures of grain at local elevator Admixtures of grain at local elevator Throughout the grain handling system Throughout the grain handling system Barges, rail cars, port storage, Panamax vessels Barges, rail cars, port storage, Panamax vessels Delivery port Delivery port Unloading and local delivery. Unloading and local delivery.

Traceability Traceability demands i.p., segregation and a paper trail with verification at every step. Traceability demands i.p., segregation and a paper trail with verification at every step. Historically used only for high value specialty products Historically used only for high value specialty products Due to high cost Due to high cost No need for segregation of bulk commodities. No need for segregation of bulk commodities.

Commodity vs discrete products Corn seeds vs papayas or pumelos Corn seeds vs papayas or pumelos Corn seeds are bulked, treated as population Corn seeds are bulked, treated as population Papayas are discrete, can be treated as units Papayas are discrete, can be treated as units Cost of i.p. increases with degree of purity demanded Cost of i.p. increases with degree of purity demanded Feasibility based on number of units, and Feasibility based on number of units, and Number of contact/branch/transfer points Number of contact/branch/transfer points

Traceability of commodity grain Is not feasible except at a cost greater than the value of the commodity (affidavits, testing, etc. at each step) Is not feasible except at a cost greater than the value of the commodity (affidavits, testing, etc. at each step) Cannot achieve purity higher than best starting point (5%) without great cost Cannot achieve purity higher than best starting point (5%) without great cost Adds nothing to public confidence in food safety Adds nothing to public confidence in food safety Or in regulatory system Or in regulatory system (30% of non-GM food imports to Korea were actually GM: KFDA) (30% of non-GM food imports to Korea were actually GM: KFDA)

Why does USA not have mandatory GM food labeling? Labeling in US is based on product, not process Labeling in US is based on product, not process Labels are required with changes to product composition Labels are required with changes to product composition If new allergens or toxicants are present If new allergens or toxicants are present If changes to nutrient content If changes to nutrient content Regardless of method of breeding. Regardless of method of breeding.

Practical problems Labelling of foods which do not contain any GM genes or expression products Labelling of foods which do not contain any GM genes or expression products No labelling of animal products No labelling of animal products Tracing agricultural commodities through international trade Tracing agricultural commodities through international trade Testing and identification Testing and identification The possibility of fraud The possibility of fraud(DeGreef)

The possibility of fraud The tracing and labelling requirements for products in which no GM can be detected is an invitation for fraud, if there is a price difference The tracing and labelling requirements for products in which no GM can be detected is an invitation for fraud, if there is a price difference The absence of large differences between GM and non- GM commodities suggests that much food export to the EU does not comply with the regulations The absence of large differences between GM and non- GM commodities suggests that much food export to the EU does not comply with the regulations (De Greef)

What are the motivations for mandatory process based labels? Public “right to know” Public “right to know” Informed choice Informed choice Possible health or environment effects Possible health or environment effects Distrust in Government regulators. Distrust in Government regulators.

Conceptual problems with process- based GM labels GM Corn, soybean or canola oil sold to consumers is identical to non-GM oil. GM Corn, soybean or canola oil sold to consumers is identical to non-GM oil. The label is misleading The label is misleading Cannot be independently verified by analysis Cannot be independently verified by analysis Ripe for abuse Ripe for abuse Leads to consumer distrust in labels in general Leads to consumer distrust in labels in general And distrust in the regulatory system in general! And distrust in the regulatory system in general!

Which processes get labeled? Agrobacterium ? Agrobacterium ? Biolistic ? Biolistic ? Irradiation mutagenesis ? Irradiation mutagenesis ? Somaclonal variation ? Somaclonal variation ? Embryo rescue ? Embryo rescue ? Wide crossing genes from distant relatives ? Wide crossing genes from distant relatives ? Genes from same species? Genes from same species?

What about ‘derived from’ products? Soybean GM with soybean gene Soybean GM with soybean gene Soybean with bacterial gene Soybean with bacterial gene Tofu from Soybean with bacterial gene Tofu from Soybean with bacterial gene Oil from Soybean with bacterial gene Oil from Soybean with bacterial gene Lecithin from Soybean with bacterial gene Lecithin from Soybean with bacterial gene

Label problems: Special cases Soybean from wild-type segregant Soybean from wild-type segregant Fruit from branch grafted onto rDNA roots Fruit from branch grafted onto rDNA roots Bread from wheat with rye genes Bread from wheat with rye genes

Common wheat with Rye DNA Friebe et al., Crop Science 39: (1999)

Economic: Who pays? In capitalist society, those making marketplace demands pay to have those demands fulfilled. In capitalist society, those making marketplace demands pay to have those demands fulfilled. But with GM labels, demand is from those wishing to avoid purchase; the consumer is forced to pay to fulfill demands of others. But with GM labels, demand is from those wishing to avoid purchase; the consumer is forced to pay to fulfill demands of others. How do we charge the ‘demanders’ to pay for GM food labels?

Mandatory process based labels satisfy few and cost everyone Exceptions, tolerances and allowances frustrate those philosophically opposed to biotech Exceptions, tolerances and allowances frustrate those philosophically opposed to biotech ‘reverse-onus’ of label liability raises costs to all, especially small farmers and poor people ‘reverse-onus’ of label liability raises costs to all, especially small farmers and poor people Alternatives exist. Based on concern: Alternatives exist. Based on concern: If a health safety issue, fix regulatory credibility If a health safety issue, fix regulatory credibility (real hazards are in the product, not process) If concern is philosophical, voluntary labels work well. If concern is philosophical, voluntary labels work well.

Solution to problems Traceability of commodity grains adds unnecessary burden to farmers and unnecessary cost to consumers. Traceability of commodity grains adds unnecessary burden to farmers and unnecessary cost to consumers. Traceability should be used only for high value, specialty and hazardous materials Traceability should be used only for high value, specialty and hazardous materials Labels should be based on food composition, not the breeding process. Labels should be based on food composition, not the breeding process.

Conclusion Traceability and Labeling are feasible only for physical products, not the process by which they were made. Traceability and Labeling are feasible only for physical products, not the process by which they were made. Laws and policies requiring traceability and labeling for process are impracticable Laws and policies requiring traceability and labeling for process are impracticable Leading to loss of public trust in politicians and regulators. Leading to loss of public trust in politicians and regulators.