Food Safety
search
Ask Food Safety AI
cart
facebook twitter linkedin
  • Sign In
  • Create Account
  • Sign Out
  • My Account
Food Safety
  • NEWS
    • Latest News
    • White Papers
  • PRODUCTS
  • TOPICS
    • Contamination Control
    • Food Types
    • Management
    • Process Control
    • Regulatory
    • Sanitation
    • Supply Chain
    • Testing and Analysis
  • PODCAST
  • EXCLUSIVES
    • Food Safety Five Newsreel
    • eBooks
    • FSM Distinguished Service Award
    • Interactive Product Spotlights
    • Videos
  • BUYER'S GUIDE
  • MORE
    • ENEWSLETTER >
      • Archive Issues
      • Subscribe to eNews
    • Store
    • Sponsor Insights
    • ASK FSM AI
  • WEBINARS
  • FOOD SAFETY SUMMIT
  • EMAG
    • eMagazine
    • Archive Issues
    • Editorial Advisory Board
    • Contact
    • Advertise
  • SIGN UP!

Regulations & Legislation

USDA releases proposal for bioengineered food labeling

By John Dillard
Bioengineered DNA
June 26, 2018

On May 4, the U.S. Department of Agriculture’s Agricultural Marketing Service (AMS) issued a proposed rule to implement the National Bioengineered Food Disclosure Standard (Bioengineered Food Standard). Congress passed the bioengineered food standard in 2016 to impose mandatory disclosures notifying consumers of products produced with genetic engineering. In passing the legislation, Congress introduced a new term that will become part of the common lexicon of the food industry: “bioengineered.”

Under the standard, certain human food manufacturers, retailers and importers will be required to notify consumers that a food is either bioengineered (BE) or contains BE contents. The bioengineered food standard will affect products regulated by the Food Safety Inspection Service (FSIS) and the Food and Drug Administration (FDA); however, Congress provided exemptions that will permit a substantial proportion of FSIS-inspected products to avoid BE labeling requirements. Under the standard, BE labeling would be required only in the following circumstances: (1) in cases in which meat (FMIA), poultry (PPIA) or egg products (EPIA) are not the predominant ingredient; or (2) in cases in which water, broth or stock are the predominant ingredient, but the second-most predominant ingredient is not meat, poultry or egg products. There is one exception to the general exemption for most meat, poultry and egg products. If the animal products are produced through genetic engineering, they would be deemed “bioengineered.” But no such products are commercially available.

The proposed rule is AMS’ effort to meet Congress’ instructions for implementing rules. When it passed the bioengineered food standard, Congress left AMS substantial leeway to determine how to best implement the law. Some of the major highlights of the proposed rule include:

• Defining bioengineered: One of the toughest jobs Congress delegated to AMS was defining what constitutes “bioengineered.” The language provided by Congress defined “bioengineered” as ingredients containing “genetic material … modified through in vitro recombinant DNA techniques” or “for which the modification could not be otherwise obtained through conventional breeding or found in nature.”  

This poses a major choice for AMS. Several highly processed products such as sugar and oils such as soybean do not contain detectible amounts of genetic material. A narrow interpretation of bioengineered would result in many foods produced with genetically engineered ingredients avoiding disclosure, whereas most pro-labeling proponents would prefer AMS to define ingredients as BE regardless of whether genetic material remains in the final product. Rather than select one approach, AMS is requesting public comments on two options: (1) highly processed foods cannot be labeled because they do not contain detectible genetic material that is BE or (2) highly processed foods that contained BE genetic material prior to processing must be labeled.

• Effect of Animal Feed: Products derived from animals (meat, milk, poultry, eggs) will not be considered BE solely because the animal consumed feed containing BE ingredients.

• Exemptions: The following foods are exempt from disclosure: (1)foods served in restaurants, institutions and other food service establishments; (2) food manufactured by very small manufacturers (less than $2.5 million in receipts); (3) food certified organic under the National Organic Program.

• Disclosure options: Manufacturers, retailers and importers will be responsible for ensuring that products are properly labeled. AMS proposes several options including: (1) text disclosure (e.g., “bioengineered food,” “may contain a bioengineered food”); (2) symbol disclosure — AMS has proposed several symbol icons to indicate BE content in lieu of a text disclosure; (3) electronic or digital link disclosure — the proposed rule would allow the option of providing a website or QR code that would link consumers to info on BE content in the food; and (4) text message disclosure — the proposed rule would allow consumers to text a number to receive a text message indicating the BE status of the food. Small manufacturers also would have the option to provide a phone number or website for consumers to call.

Looking for quick answers on food safety topics?
Try Ask FSM, our new smart AI search tool.
Ask FSM →

• Compliance dates: Unless an exception applies, manufacturers, retailers and importers must comply by Jan. 1, 2020. Small food manufactures must comply by Jan. 1, 2021. Under the proposed rule, a small food manufacturer is a manufacturer with less than $10 million but more than $2.5 million in annual receipts. 

AMS is accepting public comments on the proposed rule until July 3, 2018. The bioengineered food standard requires that AMS promulgate a final rule by July 28, 2018. It is likely that AMS will miss the deadline. NP

This article was originally posted on www.provisioneronline.com.
KEYWORDS: bioengineered food USDA proposed rule

Share This Story

John Dillard is an attorney with Olsson Frank Weeda Terman Matz PC in Washington, D.C. He focuses his practice on providing regulatory compliance advice and legal representation to food and agricultural clients. John can be reached at jdillard@ofwlaw.com.

Recommended Content

JOIN TODAY
to unlock your recommendations.

Already have an account? Sign In

  • people holding baby chicks

    Serovar Differences Matter: Utility of Deep Serotyping in Broiler Production and Processing

    This article discusses the significance of Salmonella in...
    Microbiological
    By: Nikki Shariat Ph.D.
  • woman washing hands

    Building a Culture of Hygiene in the Food Processing Plant

    Everyone entering a food processing facility needs to...
    Management
    By: Richard F. Stier, M.S.
  • graphical representation of earth over dirt

    Climate Change and Emerging Risks to Food Safety: Building Climate Resilience

    This article examines the multifaceted threats to food...
    Best Practices
    By: Maria Cristina Tirado Ph.D., D.V.M. and Shamini Albert Raj M.A.
Manage My Account
  • eMagazine Subscription
  • Subscribe to eNewsletter
  • Manage My Preferences
  • Website Registration
  • Subscription Customer Service

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the Food Safety Magazine audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of Food Safety Magazine or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • Salmonella bacteria
    Sponsored byThermoFisher

    Food Microbiology Testing Methods: Salmonella species

  • a diagram explaining indicator organisms
    Sponsored byHygiena

    How Proactive Listeria Testing Helps Prevent Six- and Seven-Figure Recalls

  • woman grocery shopping
    Sponsored byCorbion

    Designing Safety Into Every Bite: Proactive Risk Mitigation for Refrigerated Foods

Popular Stories

NRTE breaded stuffed chicken

USDA Indefinitely Delays Enforcement of Salmonella as Adulterant in Raw Breaded, Stuffed Chicken

digital map of europe

EU Publishes Food Fraud Tool Mapping Thousands of Cases Since 2016

non-conforming product

How to Handle Non-Conforming Product

Events

December 11, 2025

How to Develop and Implement an Effective Food Defense Strategy

Live: December 11, 2025 at 2:00 pm EDT: From this webinar, attendees will learn common areas where companies encounter challenges in their food defense strategies and how to address them.

May 11, 2026

The Food Safety Summit

Stay informed on the latest food safety trends, innovations, emerging challenges, and expert analysis. Leave the Summit with actionable insights ready to drive measurable improvements in your organization. Do not miss this opportunity to learn from experts about contamination control, food safety culture, regulations, sanitation, supply chain traceability, and so much more.

View All

Products

Global Food Safety Microbial Interventions and Molecular Advancements

Global Food Safety Microbial Interventions and Molecular Advancements

See More Products

Related Articles

  • United States Department of Agriculture (USDA) Building

    FSIS moves on label claim sampling program, partially hydrogenated oils

    See More
  • Lab-grown Meat

    Who will regulate 'cell-based' meat and poultry?

    See More
  • USDA Proposal to Availability of Labels for Meat and Poultry Products

    See More

Related Products

See More Products
  • 1119053595.jpg

    Food Safety for the 21st Century: Managing HACCP and Food Safety throughout the Global Supply Chain, 2E

  • 1118396308.jpg

    High Throughput Analysis for Food Safety

  • 1119160553.jpg

    Food Safety: Innovative Analytical Tools for Safety Assessment

See More Products
×

Never miss the latest news and trends driving the food safety industry

eNewsletter | Website | eMagazine

JOIN TODAY!
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • eNewsletter
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • Instagram
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2025. All Rights Reserved BNP Media.

Design, CMS, Hosting & Web Development :: ePublishing