Genetic Modification and Food Irradiation: Are Those Strictly on a Need-to-Know Basis?

32 Pages Posted: 30 Mar 2014

See all articles by Lars Noah

Lars Noah

University of Florida Levin College of Law

Date Written: March 28, 2014

Abstract

Under the longstanding policy of the U.S. Food and Drug Administration (FDA), the use of genetic engineering in the production of food products generally does not require disclosure in labeling, though sellers would have to reveal if the process introduced any special risks or other material changes. Commentators who criticize this policy often point to the agency's purportedly contrary "precedent" in requiring disclosure whenever foods undergo irradiation. That old FDA rule deserves much of the blame, however, for the fact that irradiation remains seriously underutilized as an effective tool for guarding against foodborne pathogens. If routine GMO food labeling ever became mandatory under either federal or state law, then a similar fate might well befall this newer technology, which is precisely what opponents who invoke a "right to know" hope to accomplish.

JEL Classification: K23,K32,L66,Q18

Suggested Citation

Noah, Lars, Genetic Modification and Food Irradiation: Are Those Strictly on a Need-to-Know Basis? (March 28, 2014). Penn State Law Review, Vol. 118, No. 4, May 2014, Available at SSRN: https://ssrn.com/abstract=2417417

Lars Noah (Contact Author)

University of Florida Levin College of Law ( email )

P.O. Box 117625
Gainesville, FL 32611-7625
United States
352-273-0923 (Phone)
352-392-3005 (Fax)

HOME PAGE: http://www.law.ufl.edu/faculty/lars-noah

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