This final rule updates the National Bioengineered Food Disclosure Standard’s (the Standard) List of Bioengineered (BE) Foods by adding “sugarcane (Bt insect-resistant varieties)” and amending “squash (summer)” to “squash (summer, coat protein-mediated virus-resistant varieties).” These changes aim to provide consumers with clear information about Bioengineered Food Ingredients and assist regulated entities in determining necessary disclosures. The rule clarifies which foods are presumed to be bioengineered and require labeling, focusing on specific genetic modifications rather than broad categories. This ensures that consumers have accurate information about the presence of bioengineered ingredients in their food.
The effective date for this rule is December 29, 2023, with a compliance date of June 23, 2025. This provides food manufacturers and retailers with sufficient time to adapt to the updated list and implement necessary labeling changes. The updated list includes specific varieties of sugarcane and squash that have been genetically modified, using terminology that reflects the specific genetic modification used.
The decision to add “sugarcane (Bt insect-resistant varieties)” to the list is based on its authorization and commercial production for human food in Brazil. While concerns were raised about potential burdens on regulated industries, the rule emphasizes that existing recordkeeping practices should be sufficient for compliance. The inclusion of bioengineered sugarcane on the list acknowledges the potential for its use in imported food products sold in the United States. This ensures that consumers are informed about the presence of bioengineered sugarcane ingredients, regardless of the source.
Extensive research and public comment led to the specific modification of “squash (summer)” to “squash (summer, coat protein-mediated virus-resistant varieties).” This precise language clarifies which types of summer squash fall under the bioengineered category, excluding non-bioengineered varieties with natural or conventionally bred virus resistance. The specific terminology “coat protein-mediated virus-resistant” reflects the particular genetic modification used to enhance the squash’s resistance to viruses.
This targeted approach ensures that the labeling requirements are focused on squash varieties that have been specifically modified through biotechnology.
The rule also addresses concerns about recordkeeping requirements and the potential economic impact on small businesses. It clarifies that customary and reasonable records are sufficient for compliance and that the costs associated with the updates are not expected to be significant. The economic analysis considers the potential costs of testing and recordkeeping associated with adding bioengineered sugarcane to the list, but acknowledges that these costs are likely to be minimal given existing industry practices.
Further, the rule acknowledges the need for ongoing outreach and education to ensure that consumers understand the meaning of the updated terms and the significance of bioengineered food disclosures. The USDA plans to update its website with further details on the specific genetic modifications and varieties included in the list, providing resources for both consumers and regulated entities. This ongoing education is crucial to ensuring that consumers are equipped to make informed choices about the food they purchase and consume.
Finally, the rule undergoes thorough regulatory analyses, including assessments of paperwork reduction, civil rights implications, tribal consultations, and regulatory flexibility. These analyses ensure that the rule is implemented in a way that is both effective and equitable, taking into consideration the diverse stakeholders affected by the bioengineered food labeling requirements. They demonstrate a commitment to transparency and accountability in the rulemaking process. The rule has been designated as “Significant” under Executive Order 12866, highlighting its importance in regulating bioengineered food ingredients in the US market.
