Written by: Neal Fortin
Primary Source: Food Law Blog
The Vermont General Assembly passed a bill that will require most (but not all) foods produced with genetic engineering to be labeled as such. The law, which would go into effect July 1, 2016, is the first in the nation to require labeling products of genetic engineering. GMO labeling laws passed recently in Connecticut and Maine are contingent on a variety of other factors being in place, including more than four surrounding states enacting similar requirements.
The Vermont bill includes a provision for a special fund for legal defense. Litigation seems likely and may challenge the law on a number of grounds, especially violation the First Amendment guarantees for free speech and as interference with interstate commerce in violation of the Commerce Clause. A weaker challenge may be made based on field pre-emption by federal law. Another weaker challenge could come under the Establishment Clause because the Vermont bill includes a purpose of informing those with religious beliefs against GMOs.
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