A federal appeals court on Friday said the Agricultural Marketing Service improperly excluded “highly refined” foods from its definition of “bioengineered foods,” which are subject to a disclosure requirement.
The AMS had said that foods made with bioengineered ingredients could be excluded to the definition if the genetic materials of those ingredients aren’t detectable in the final product. But that determination sidesteps issues concerning detectability methods, the US Court of Appeals for the Ninth Circuit said reversing the lower court judgment upholding the rule.
“Even without having to resort to epistemological philosophizing, there is an obvious and important difference between ...