Bioengineered food, often a topic of consumer interest, is now clearly defined and labeled thanks to national standards. In 2018, the U.S. Department of Agriculture (USDA) established the National Bioengineered Food Disclosure Standard, responding to the National Bioengineered Food Disclosure Law passed in 2016. This standard mandates that food manufacturers, importers, and certain retailers disclose whether their food products are bioengineered.
Secretary of Agriculture Sonny Perdue highlighted the significance of this standard, stating, “The National Bioengineered Food Disclosure Standard increases the transparency of our nation’s food system.” He emphasized that it provides regulated entities with clear guidelines on when and how to disclose bioengineered ingredients, ensuring consumers have consistent and clear information about their food. This national standard was also designed to prevent a confusing patchwork of state-by-state labeling regulations.
The core definition within the Standard clarifies what “bioengineered foods” truly are. These are foods containing detectable genetic material that has been modified through laboratory techniques. Crucially, these modifications are of a type that cannot be achieved through traditional breeding methods or found in nature. This distinction is important for understanding the scope of bioengineered food labeling.
The implementation of the Bioengineered Food Disclosure Standard is phased. While the official implementation date was January 1, 2020, small food manufacturers were given until January 1, 2021. Mandatory compliance for all regulated entities became effective on January 1, 2022. However, businesses could voluntarily comply with the standard before the mandatory date, starting as early as December 31, 2021.
To aid in compliance, the USDA’s Agricultural Marketing Service (AMS) has developed a List of Bioengineered Foods. This list identifies crops and foods available in bioengineered form globally, assisting regulated entities in determining if their products require a bioengineered disclosure. Maintaining records related to this list is essential for businesses to ensure proper labeling.
The Standard offers several options for disclosure, providing flexibility for businesses. These options include on-package text labels, symbols, electronic or digital links (like QR codes), and even text messages. Small food manufacturers and those using small or very small packages have additional options like providing a phone number or website address for disclosure information.
The journey to establish this standard involved extensive public input. The rulemaking process, initiated in July 2016, included a public comment period that garnered over 14,000 comments. Prior to this formal period, the AMS had already received over 112,000 comments in response to 30 specific questions posted on their website, demonstrating significant public engagement in shaping the final rule.
The final rule detailing the National Bioengineered Food Disclosure Standard was officially published in the Federal Register on December 21, 2018. Following this publication, the USDA committed to outreach and education efforts to inform both regulated entities and the public about the new disclosure requirements, ensuring a smooth and informed transition to the new labeling system. The complete record of the rulemaking process is publicly accessible, promoting transparency and understanding of the standard’s development.
