President Obama Signs the Disastrous Federal GMO-Labeling Bill, Putting the Future of Organic in Danger

Us President Barack Obama At Nato Summit
(To follow my day-to-day organic food adventures, please be sure to add me on Snapchat: maxorganic)

On late Friday afternoon, President Obama signed the sham Stabenow-Roberts GMO-Labeling bill (S. 764) which will allow, among many other things, companies to use QR codes instead of clear GMO labels on a food product’s packaging.

This bill is so discriminatory and so poorly written that it potentially violates several amendments of the Constitution. Additionally, it puts the integrity of the organic seal in real jeopardy.

What is arguably the most troubling aspect of this bill is that while almost every single organic consumer organization fought this bill, the organic industry’s leading trade organization praised the bill and lobbied for it to pass.

Here are the key points to understand, in terms of analyzing the bill, what this means for the organic industry, and where we go from here.


Polls consistently show that 90% of Americans want GMOs to be labeled. This is irrefutable. See here, here, and here.

Yet, the bill, which does not mandate the full and easy disclosure of GMOs, easily passed through both the U.S. Senate and House of Representatives.

This goes completely against what the American public wants. The American public wants clear GMO-labels on packaging, but politicians voted to protect major chemical and biotech corporations instead.

When President Obama pledged to label GMOs while campaigning in 2007, there is no chance that he would have found QR codes or 1-800 numbers to be acceptable alternatives.

Yet, to no one’s surprise, the President has turned his back on the organic community again, something that he has done for eight straight years. Not only did he sign this bill but his administration has rubber-stamped every new GMO application, including genetically-engineered salmon.


According to Andrew Kimbrell, Executive Director of the Center for Food Safety, “this is worst written bill I have seen in all of my time in Washington, D.C. There are so many flaws in this bill that it potentially violates several amendments of the Constitution.”

Perhaps, most obviously, the bill seems to be a clear violation of the 14th Amendment, as it would allow corporations to use QR codes instead of clear packaging on labels. Since nearly 100 million Americans, predominantly the elderly and low-income population, do not have smartphones, the bill is discriminatory and does not treat all citizens equal.


Aside from the fact that the bill preempts any state’s food and seed labeling laws, including Vermont’s GMO-labeling law, it also does not have to go into effect for another two years, and there is zero penalty for non-compliance.

Yet, arguably, the largest concern is that so much of the bill is open to interpretation and will ultimately be decided by the Secretary of Agriculture.

Key issues to be determined:

– Will genetic engineering technologies such as CRISPR/Cas9, which does not insert foreign DNA but simply rearranges existing genetic code, be forced to be labeled?

– Will food products that use certain genetically-modified ingredients, such as oils or high-fructose corn syrup, not have to be labeled at all?

– What will the threshold be for products labeled as “Non-GMO”?  In order for a product to currently receive the Non-GMO Project verification, it cannot contain more than 0.9% of GMOs. Finding something that is 100% GMO-free is nearly impossible because of widespread contamination.

– What exactly does the definition of “bio-engineered” mean?

The bill also calls for S. 764 to be “harmonized” with the Organic Food Production Act.  What does this mean exactly?  It is very uncertain but it is definitely not good at all.


In March, a federal GMO-labeling bill was rejected in the Senate. Somehow, this nearly identical bill, S. 764, just got approved a few weeks ago.

What happened between March and July?

According to Andrew Kimbrell, the support of the bill by the Organic Trade Association (OTA), who has numerous industrial food companies as members, was responsible for between 10-20 Senators changing their minds about this bill. Once passed, Laura Batcha, the OTA’s CEO, and Melissa Hughes, President of OTA’s board of directors and an executive at Organic Valley, praised the bill.

Yet, OTA’s support of this bill flies in the face of extreme opposition of the bill by almost every single organic consumer non-profit organization.

Andrew Kimbrell, who has been fighting to protect organic for more than 30 years, did not mince words when asked about the OTA.

“The OTA leadership bears a tremendous responsibility for this, and they betrayed the whole food movement. The problem is that when the OTA talks with Senators and takes a position supporting a bill, those Senators think that the OTA is speaking for the entire organic business sector and for all organic consumers. When in fact it was only a very small cadre at the top of the OTA who went rogue and decided this. Neither the OTA Board nor its members voted on this, and most were not even aware of what the upper echelon of OTA was doing. And the vast majority of organic farmer and consumer organizations vehemently opposed the DARK Act.”

“This action by OTA leadership also brings up the legitimate question of whether the industrial food companies, who now own organic, see organic as a threat to their mostly industrial products and, therefore, are using the OTA to fundamentally undermine organic. They can’t crush organic openly. But will they continue to try and change organic to fit their industrial practices rather than change their industrial practices to fit organic. “

One of the reasons that the OTA praised this bill was because the words “Non-GMO”can now be put on the labels of USDA certified organic products.

But what happens down the road if organic products are found to have very high levels of GMO-contamination, yet these products contain the label “Non-GMO” on the outside of the packaging?  And what happens if the Secretary of Agriculture declares that CRISPR/Cas9 gene-editing technology can be used in organic?

These two things could very well happen, thanks to this new GMO-labeling bill, which the OTA pushed for. The integrity of organic will suffer tremendously and might never be viewed in the same light again.

Through its actions, the OTA, the most influential organic lobbying group in Washington, D.C., has made it very clear that it does not represent the best interests of organic consumers. And as someone who lives and breathes organic, I cannot tell you how distressing this is.

It goes without saying that members of the OTA ought to be asking themselves A LOT of very hard questions right now.


A few days ago, Food Democracy Now! sent out an email saying that it would be filing a lawsuit to block this bill.  Similarly, the Center for Food Safety told me over the weekend that it would be filing a lawsuit by mid-August. I have yet to receive an answer if these two organizations would be filing together or separately.

Despite the betrayal of the OTA and the passage of this bill, Andrew Kimbrell remains optimistic.

“The good news is that food labeling has brought the community together in a way that I never anticipated.  We have hundreds of groups sticking together and an enormous grass roots movement. It has been remarkable.”

obama2(Graphic courtesy of GMO Inside)

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  • Ben David says:

    This is VERY sad news, Max! Thank you for sharing the truth.
    But be prepared for hate mail because you dared to criticize the beloved Obama, who can do no wrong. Be prepared to be called a racist, too., because you dared to criticize the awesome Obama.

  • Cori says:

    This whole “organic” and “non-GMO” movement is nonsense. The definition of organic is anything living. We’ve all been eating GMOs our whole life. Like apples that taste sweet? Like seedless grapes? All have been manipulated through *breeding* to develop organisms with the desired traits we seek, thus are GMOs. And for the life of me, I do not understand how anyone can see a bag of seedless grapes marked “Non-GMO” and not think with common sense that tells you the label is a lie. Seedless grapes. Really? Your breeds of dogs? GMO. People that do not understand science should not dictate how others eat, live, etc. People that don’t want to see world hunger should not hate GMOs. People that are not farmers should not hate GMOs. People that wish to have affordable produce should not hate GMOs. Please, please, please. Do some research and view the scientific evidence. Search for items that show a statistical significance (this requires hard critical thinking). Search for the research from trusted sources that use the scientific method, obtaining the empirical evidence (non-biased data). Do what you feel is right for you, but please do not feel it necessary to force your unfounded beliefs onto others.

    • Max Goldberg says:

      Hi Cori,

      If you had done your research before commenting here, you would have known that the Cartagena Protocol, as ratified by over 150 countries, has said that genetic modification using modern biotechnology is DIFFERENT than the hybridization of plants that has taken place over thousands of years.

      • Cori says:

        Hi, Max.

        I have done my research and am aware of what a GMO is and what organic means. GMO is a genetically modified organism. DNA splicing is not required for an organism to be considered a GMO. If a food item is a GMO (which almost all foods we eat are), it is not indicative of it being “Franken-food”.

  • Wendy parker says:

    How does this affect Mrs.Obamas crusade on good nutrition, or is that going by the way now that they will be out of office in a month?

  • Vera Shaver says:

    I’m so disappointed and angry at our so called President Obama I trusted and believed in him when he promised that we would have GMO labeling on our products that all of us could easily read and that he would be supporting our Organic food he can say anything now it doesn’t matter to him any longer soon he will no longer be our President and while I’m on that subject I don’t believe and trust the other two presidential candidates to support our Organic food either it’s so sad and upsetting to me for what’s happening to our pure and good Organic food I’ll just keep praying for our Organic food that our food will be Organic pure and good and healthy like we want it to be and I know our dear Lord wants it to be that way we had a beautiful world at one time until man destroyed it.

  • J Martz says:

    Obama and the OTHERS clearly care nothing about their children and loved ones.

  • Tomas says:

    How, specifically, does this violate the 14th Amendment?

  • JRTENN says:

    RE: <>

    Could that be because the U.S.government is “owned”, or “run by” the wealthy, the industrialists, the major corporations, and not by or for the American people as a whole ?

  • Boris says:

    When the government doesn’t protect the consumer, the consumer will have to be more proactive!

  • Jana Bogs says:

    Time to go “Beyond Organic” to Nutrition Grown(TM) foods.

  • Christine Mackenzie says:

    Just another example that “we the people”have no say in what happens in “our” country. The politicians and big business run it and by-pass us altogether.

  • Larry says:

    Pandora’s Box is open. Due to the existence of GMO’s and cross polination true organic no longer exists. Who knows what has happened to the food gene pool and what the ultimate outcome will be?

    GMO’s should have never been allowed. Man destroys everything he messes with. Our only hope is to make them illegal, destroy them, and mop up the damage if possible.

    Some crazy things are happening in my garden, like huge pepper plants 4 feet tall with no blossoms or peppers. What about yours?

    God, Please have mercy on us all?

    • Anne says:

      Larry, your pepper problem may be due to lack of a soil nutrient. I think it may be potassium, but it’s been so long since I’ve been able to garden, that I’ve forgotten more than I know about the proper soil nutrients for bell peppers.
      There’s a lot of info on the subject in both books and on the internet. You can also have your soil evaluated by your local or County extension service, as well. Then just compare their results to what you’ve learned about what peppers need and you can easily correct the problem.
      I had the same problem, once, myself. Good luck.

    • Anne says:

      Better Homes and Gardens publishes sever wonderful books on gardening with this info. Go to your local public library and you won’t even have to take the book home. Just copy the one or two paragraphs with your answer or photograph the page with your phone or tablet, if you can’t find info online, about this problem.

    • Vera Shaver says:

      Larry, sorry your green peppers didn’t grow for you I hope you find out what went wrong so you have better luck the next time I have been thinking about Organic gardening in plant containers my neighbor who I go to visit sometimes has been doing this for awhile now and she has real good luck with hers this summer she gave me alot of her Organic cherry tomatoes they were fantastic I’m always inspired with her gardening.
      Yes God have mercy on all of us Organic people.

  • You can bet the large industrial food mills threw hundreds of thousands of dollars at the three board members to get them to shaft the rest of the organization and the consumers.
    Money is what talks. The members might want to consider banning together to oust the criminals involved. As for President Obama…..I wonder if he discussed this with Michele. I’ll bet her girls will never eat GMO food. He probably got a nice undisclosed going away gift as well.

  • Mohammad Baig says:

    Horrible signing by the president as a compromising on the heath issues.

  • Yacman says:

    Let me see if I understand this. There is no restriction specifically preventing the labelling of GMO-free foods if a company wants to use that as a means of marketing. Right?

  • Eric says:

    That sucks big time.

    Impeach him and throw him and all his democratic flunkies to the curb already.

    Until we all come together to clean house they don’t care. As far as they are concerned we are subject to them instead of them working for us like it’s supposed to be.

    • d fuller says:

      I am quite surprised and deeply disappointed that this ox overlooked small farmers organic farmers and everybody’s health. Disappointed.

  • danny w says:

    just a thought but if GM foods don’t need to label then why don’t the non GM foods label as Non GM, wouldn’t that have the same effect ? if there is money to made by being Non GM then why not label it as such and then this bill is pretty much useless no ?

  • Patricia Sepulveda says:

    Oh President Obama! How? Why did you do this to us? To our children? You just had eight years with a perfect organic garden to eat from .. Why not support that for us? At least talk to us about it! Why? Please tell me they didn’t buy you!

    • Theravaida says:

      If only you mailed an extra monthly check of $200 to MonsantObama, he might have actually cared about what’s really important for you and your family’s health.

      Then again, maybe not.

    • FreeAmerica says:

      I think the problem isn’t as much of Obama being paid off, which he most likely was. The problem is that people think of him as a single person running the country. Obama is just the front man to a political machine which is taking us all for a ride to hell, otherwise known as Globalism. We the people must feed the machine with tax dollars and slave wages. But that’s not enough for the machine. So, it turns to more “creative” ways to keep running. Payoffs are not the only way the Machine makes money. Simply stated, this election is about Globalists vs. Nationalists. The Dark Act is about Monsanto wanting to feed the world.

    • Barbara says:

      He was bought 8 years ago!

  • Patti D. says:

    Patti D. says:
    August 2, 2016 at 10:07 pm
    “The drug-addled old hippies” ( I resent that label, Don M!!) We want safe food, too! And we want safe food for our children & grandchildren. What our generation figured out was,that they were doing it to BABY FOOD first! No wonder you all spit it out! Thank God someone made little food grinders, so you all could eat the same food as your parents! The ballots should have a “FLUSH” or a “NONE OF THE ABOVE” box, but they don’t!! Our generation has been trying to get marijuana legalized. I realized it was medicinal 45 years ago-(I have MS-was told they didn’t know what caused it or what to do for it! I’m now known as my Dr’s healthiest patient, and not using a cane like they said I would by age 50-I’m 60+, or on ANY of the super$$$$ drugs ‘offered’ to me.) God makes pot! Not pharmacies ! THAT’S WHY THEY LABEL it like they do- pharms can’t make $$ on it- yet. I trust God’s manufacturing more than any one else’s. Ever heard of God recalling a product before? Learn to trust us old hippies! We’re real good at growing stuff-Carrots, green beans, lettuce, radishes, garlic, etc. and herbs! Organically!! And CA has a MEDICINAL MARIJUANA GROWERS UNION!!

  • Al says:

    Let’s not forget Monsanto’s Agent Orange and all the lives still suffering or dead.

  • Gay Nutcher says:

    Vote for Trump

    • Patti D. says:

      Just this afternoon, Trump was shown eating KFC (with a knife and fork) in his private jet. Don’t think safe food is high on his list of priorities…just my opinion- ‘actions speak louder than words’.

      • Informed says:

        I saw that photo on Twitter too and I thought the same thing! But, I think we are better off with Trump because he’s not bought and paid for. Also, even though I personally don’t eat KFC, I do realize that a lot of people grab junk food for a variety of reasons. It doesn’t necessarily mean they don’t care about our food source, GMOs and the Dark Act.

      • and Obama eats organic! so what does that tell you besides your an idiot!

  • Brenda says:

    Really disappointed in President Obama. How could you do this?

  • Theravaida says:

    This bill is evil, and categorically unconstitutional. No part of US Constitution stipulates that the US government be allowed to choose winners and losers of a market. By forcibly protecting its crony friends that peddle poisons to hide behind a shroud of QR codes, US government has signaled its intent that honest organic industry comes out as losers.

  • Richard Olson says:

    Has the Organic Trade Association listed/responded as to why they supported this bill?

  • Oliver says:

    Puppets in Office

  • I agree that this law was a bad idea, for many of the reasons given. But the reasoning that OTA was acting in bad faith is also flawed, and the rhetoric of warfare – “treason” – and the headline of “organic in danger” is unwarranted and divisive. This kind of outrage is better saved for the real villains who insisted on pushing something through to nullify Vermont’s law, and who are clearly gloating over the circular firing squad tactics of the organic community.

    Is there some reason why the linked statement to OTA’s message to members was not considered credible, other than the pre-conceived decision that the organization represents corporate agribusiness interests and therefore is not credible? At least some of the concerns raised in your column are answered there, especially the unsubstantiated and inflammatory headline about endangering organic.

    Unified action is needed if the USDA, now charged with implementing this terrible law, is to be held to using its authority to do the right thing.

  • Cinda Wood says:

    This and other health items is why I watch very closely to who to vote for and it will not be Hillary.

  • Martha says:

    It is rare that a bill would contain only ONE item – issue to be considered… they are mostly laden with so many other decisive issues, and to pass a bill most often.. (no matter how wonderful ONE item that is contained in that bill is) …. you have to accept all of the contents.. Perhaps this bill was NOT passed because of the content…As you said
    Kathleen Geiger…”words matter….”

    • Patti D. says:

      That’s true! Usually they pile ‘good stuff’ and ‘bad stuff’ all together, to get the bad passed, too.

  • Robert Brown says:

    Evert one of the votes for this bill must be answered with a vote at the polls to deny rheir re-election. Ninety percent of the public demands labeling. Congress selling their votes to Monsatan is irresponsible and dishonest. If the Congress prefers to eat crap, then they should stay away from organic foods altogether. This is especially true for the hypocrites that support GMO, but eat organic, like Obama and killary.

  • Glenn Needham says:

    The anti science kooks should be happy that you got this much in this bill.

    Why would they mandate that a scary “warning” label be installed on something that is 100% perfectly safe – in fact the GM crops that we use are the highest tested food crops by far.
    If the so called grown in poop “organic” industry falters because of this “failure” it will be just reward for a segment of the food industry that has been scheming, deceiving and outright lying to the public for the past 20 years. All for what? – 4% market share – pathetic.

    Americans are no fools – the smoke from this smokescreen is starting to clear and people are starting to realize how they have been scammed all this time – paying more for the very same thing….

    • MDM says:

      That is one of the most ignorant statements I have ever heard.

    • Roland Shafer says:

      Shut up and go cash your check from monsanto

    • Where there's a Will says:

      Check out the lawsuits that a team of French scientists have been winning over Monsanto. They WON a lawsuit over their research that proves that GMO’s can cause cancer. The only thing highly tested from Monsanto is their ability to bribe and manipulate anyone opposing them to keep their reign of terror rolling.

    • Informed says:

      Did you ever think about why GMOs are banned in most countries? Are they ignorant or informed? Are these other countries protecting their food source? Do you actually believe that GMOs and the pesticides that go with them are healthy? What type of person would take the time out if their day to defend the DARK ACT and GMOs? You are either extremely uninformed (and unhealthy on every level) OR you are a paid soldier for the very companies who are forcing this poison on Americans. If you are just ignorant, why do you care about Americans who are demanding to know that their food is protected and clean? Do you know what happened to the Roman Empire?… Didn’t think so.

    • Darin says:

      You do know that 99% of the science “proving” the safety of GMOs is funded by the industry making them, and that the long term effects (vis longer than four months) of consuming GMOs is still unknown, right? And that the global non-industry scientists agree that GMOs are moving us away from food sustainability and toward a problem of global shortage? Let alone science, this is a democracy, and we have a right to food grown naturally and 90% of us want clear labels as part of that right. If your against this movement, you’re for corporate run fascism. I’m sure you’ve been paid to make these ignorant statements here, but this reply is for anyone else who’s been influenced by the billion dollar PR machine

    • Don Marchant says:

      You are exactly right despite the hammering you will receive from drug addled old hippies here.

      • Theravaida says:

        Don Marchant loves drinking radioactive arsenic cakes for his breakfast, nicely washing them down with mercury shakes. Yummy!

      • Informed says:

        Does Monsanto make your stooge checks out to your real name or one of your many fake names?

    • Michael says:

      Glenn this just shows how ignorant you are. Organic production is not about growing in poop, it is about not allowing inputs into the growing operation such as harmful pesticides and fertilizers, and avoiding cross contamination. If you want to talk about growing in poop, then go to any traditional farm operation and watch their manure spreaders on your corn, beans etc.

    • Kat says:

      Besides the foolishness …aka complete ignorance, of your statement think of this… companies put labels for everything – not to drink gasoline, not to set fire to your mattress, every stupid thing imaginable – logical things that we should all know. Every other commercial is about a drug to take and their entire list of side effects, the next is a lawyer saying that they can get you money from taking the drug in commercial 1. Cancer ads abound, the list of what they throw to the people can go on and on. My point is placing fear in the people is NOT the reason that they are fighting so hard to prevent a simple thing like telling us what is in the food. Stop being foolish yourself.

  • Marge Teilhaber says:

    SHAME ON BARAK OBAMA. I’m totally disgusted.

  • Tony says:

    What about staging mass demonstrations in all large cities to wake the public up about this important issue.

    Email campaigns etc. Anything to get the right message in front of them. Write to all major food producers telling them we are boycotting their products until the Bill is Repealed. This is anti-democracy

  • Kathleen Geiger says:

    “– Will genetic engineering technologies such as CRISPR/Cas9, which does not insert foreign DNA but simply rearranges existing genetic code, be forced to be labeled?” This is an ambiguous statement. CRISPER /Cas 9 can definitely be used to insert foreign DNA. Be careful in your science writing. Words matter.

    • Eric says:

      Very true, I support Kathleen’s assertion. Specifically, CRISPR/Cas9 is used to create targeted breaks in the chromosome or other isolated DNA strands; various other chemistries can then be used to add one or more sequences or full genes into the break site. Alternately, CRISPR/Cas9 can also be used alone to simply break and “knock-out” a gene (via NHEJ) so that it will not work, but this is hard to control. CRISPR/Cas9 is thus a genetic scissor – precise but not infinitely so.

  • Julie says:

    You have to stop voting for incumbents in the Senate and the House. They have been bought by the big corporations.

  • Christina Floto says:

    I’m curious to know what your take is on the role that WFM played in this. Based on recent readings, I believe we have been betrayed by this company who supposedly stood for transparency and now has sided with the folks that support the DARK act. This is what I have been reading. Is this true? I have not shopped at WFM since it came out about the CEO siding with Monsanto. But I was waiting to hear more, or something to the contrary as I have always shopped there and didn’t want to believe what I was reading. What are your thoughts on this? I was waiting to see if you commented on these events as I know you are a supporter of WFM and even have a weekly article that I used to read faithfully. As always, thank you for keeping us up to date on the happenings in the organic world.

  • Arlene Rose says:

    Yes, I too feel absolutely betrayed. This is very important to me as it is to so many of us. Why have we been so maligned? How can we be heard on this.

  • stephen albers says:

    I need a list of individuals and companies behind this betrayal.

  • Laurie says:

    This is a real disheartening message. We have fought so long and hard for this bill not to pass. As you said Max, the American people have spoken but still it goes on. Last time I checked the people we vote for are SUPPOSED to support their constituents; what a farce. At what point do we have to pile on the buses and head to Washington to protest and demand that the elected officials serve their constituents. All of it makes me so sad, disgusted and deeply concerned about the future of organics, the health of our nation and the future for our children.
    I would like to thank you for all you do and passing this along. Being informed is so important.

    • Renata says:

      Oh I agree with you Laurie 110%. This bill is disturbing news. What about us, the nation, and the future of our kids???? I feel angry, sad, disappointed, betrayed, and it’s an understatement!

    • Laurie, to your question “At what point do we have to pile on the buses and head to Washington to protest and demand that the elected officials serve their constituents”, this was done en mass just this past April. Thousands of people showed up in D.C. from all over the country and marched on the Capitol for that specific purpose in a demonstration called “Democracy Spring”. Hundreds volunteered to be and were arrested- so many that the city’s jails were full to capacity. The purpose was to demand that we get money out of politics. Yet very few people other than those who actually took part even knew about it. Why? Because the corporate-controlled media refused to even mention it, for fear that their ad revenues would dry up. MSNBC, CNN, NBC, FOX, CBS, ABC- to this day you will not hear one of them mention this momentous event. They are tools for continuing corporate control of the White House, Congress and the courts until the people decide they have had enough.

      • Patti D. says:

        “The drug-addled old hippies” ( I resent that label, Don M!!) We want safe food, too! And we want safe food for our children & grandchildren. What our generation figured out was,that they were doing it to BABY FOOD first! No wonder you all spit it out! Thank God someone made little food grinders, so you all could eat the same food as your parents! The ballots should have a “FLUSH” or a “NONE OF THE ABOVE” box, but they don’t!! Our generation has been trying to get marijuana legalized. I realized it was medicinal 45 years ago-(I have MS-was told they didn’t know what caused it or what to do for it! I’m now known as my Dr’s healthiest patient, and not using a cane like they said I would by age 50-I’m 60+, or on ANY of the super$$$$ drugs ‘offered’ to me.) God makes pot! Not pharmacies ! THAT’S WHY THEY LABEL it like they do- pharms can’t make $$ on it- yet. I trust God’s manufacturing more than any one else’s. Ever heard of God recalling a product before? Learn to trust us old hippies! We’re real good at growing stuff-Carrots, green beans, lettuce, radishes, garlic, etc. and herbs! Organically!! And CA has a MEDICINAL MARIJUANA GROWERS UNION!!

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