LABELING OF GENETICALLY MODIFIED FOOD IN THE UNITED STATES: THE ROADS NOT TAKEN

Abstract

In this paper we will explore the choices made by the FDA when adopting its policies regarding the labeling of genetically modified foods. We will try to point out some of the alternative roads policymakers could have taken even within the existing legal and regulatory mechanisms. We will argue that every alternative was an equally reasonable path under the circumstances, and show that none (either those followed, nor the roads not taken) were a necessary regulatory choice. But we will also argue that, in some cases, each choice was not without it cost, for each entailed the blocking of roads that would have otherwise been available. Thus, for example, the choice of utilizing existing regulations to deal with this emerging technology brought into play a set concepts with preexisting meanings (such as the word “materialâ€), which have shaped current labeling policies and limited available alternatives.