Vermont AG Updates Memorandum On Enforcement Of GE Labeling Laws

The Vermont Attorney General’s (AG’s) office recently issued an update to its memorandum on its enforcement priorities for the Vermont law requiring labeling of foods produced with genetic engineering (GE). The updated memo explains that the 2016 Vermont budget included a provision delaying the ability of a consumer to bring a private right of action to enforce the GE labeling law until July 1, 2017. The memo also explains that Vermont is broadening the 30-day “corrective action period” for retailers to apply to manufacturers as well. Separately, in guidance, Vermont has revised its interpretation of the compliance date, so that it now applies to the date a product is introduced into commerce, providing companies with significant more flexibility if they are labeling products consistent with the Vermont law prior to July 1, 2016.

In the following memorandum, we provide our assessment of these developments.

Vermont AG Updates Memorandum on Enforcement of GE Labeling Law