Genetically modified organisms (GMOs) are plants or animals with genetic material altered in a laboratory using recombinant DNA techniques, a modification not achievable through traditional breeding or found naturally. Food labeling, especially for bioengineered foods, helps consumers understand what they are eating and make informed choices.
The Path to Mandatory Labeling
Growing consumer interest in genetically modified ingredients led to a demand for clear labeling. Initial voluntary efforts proved insufficient, fueling a push for a federal mandate. This culminated in July 2016 with the National Bioengineered Food Disclosure Standard (NBFDS), which mandated the disclosure of bioengineered foods. The U.S. Department of Agriculture (USDA) established specific rules, with implementation beginning January 1, 2020, and mandatory compliance by January 1, 2022.
Understanding the Bioengineered Food Label
The USDA’s National Bioengineered Food Disclosure Standard (NBFDS) defines a “bioengineered food” as one containing detectable genetic material modified through in vitro recombinant DNA techniques, not obtainable through conventional breeding or found in nature. Consumers can identify these foods through various disclosure options on product labels. Disclosure may appear as a text statement (e.g., “Bioengineered Food”), a specific symbol, or an electronic or digital link, like a QR code. Some labels may also provide a text message disclosure option.
Foods Subject to Labeling and Exemptions
The National Bioengineered Food Disclosure Standard (NBFDS) applies to foods that contain bioengineered ingredients, but it also includes several specific exemptions. Foods are subject to disclosure if they appear on the USDA-maintained List of Bioengineered Foods and are intended for retail sale. Common bioengineered crops like canola, corn, soybeans, and sugar beets are examples of ingredients that might trigger disclosure if their modified DNA is detectable in the final product.
Exemptions from mandatory bioengineered food disclosure include:
- Highly refined ingredients where the genetic material is no longer detectable, such as certain refined oils like soybean or canola oil, and refined sugars.
- Foods served in restaurants or similar retail food establishments.
- Products from very small food manufacturers, defined as those with annual receipts less than $2.5 million.
- Foods certified under the USDA National Organic Program (NOP).
- A food is exempt if no ingredient intentionally contains a bioengineered substance, allowing for an inadvertent or technically unavoidable presence of up to five percent of a bioengineered substance for each ingredient.
Beyond the Mandatory Label
Beyond the mandatory Bioengineered (BE) label, consumers may encounter other voluntary labels related to genetically modified organisms. The “Non-GMO Project Verified” label is a common example, recognized by many consumers in North America. This label signifies that a product has undergone a third-party verification process to ensure it meets specific standards for GMO avoidance.
The Non-GMO Project Standard evaluates products and their ingredients for the presence of DNA from genetically modified organisms, or audits their production processes to ensure minimal contamination. While the Non-GMO Project cannot guarantee a product is entirely free of GMO residue due to widespread usage, verified products generally contain less than 0.9% of ingredients from GMOs in testable products, and less than 0.25% in certified vegetable seeds. This voluntary label often has a broader scope than the mandatory BE label, covering more ingredients or products not subject to the federal standard, such as highly refined ingredients where DNA is undetectable or certain meat products.