VOLUME 9 - 2016-2017 - ISSUE 3

9 Ky. J. Equine, Agric. & Nat. Resources L. 559 (2017).


Note Written By: Andrew Williams

Under 7 U.S.C. § 1639b, food products containing bioengineered organisms must be clearly identified as such on their labeling or packaging. The statute, alternatively titled the Establishment of National Bioengineered Food Disclosure Standard (“NBFDS”), was made effective on July 29, 2016.This Note contends that NBFDS should be repealed or not enacted after review by the USDA.

Part II includes a brief history of the issues presented in this Note. After which, Part III argues that the statute’s express preemption clause does not have a discernable intent from Congress and consequently will have no effect on states that wish to legislate on bioengineered foods. Part III also argues the statute will fail if the USDA does not conduct the study as prescribed by Congress. Part IV argues that even if the USDA conducts the study, it will still fail as a cost-benefit analysis will show that the costs incurred will outweigh benefits in the form of increased food prices to consumer, and other various factors. Part V will look at individuals who reside in the U.S. and either are or are on the brink of food insecurity, and the possible effects on those individuals if this legislation is implemented.