Understanding the National Bioengineered Food Disclosure Standard (NBFDS)
In 2016, the United States passed the National Bioengineered Food Disclosure Standard (NBFDS) to create a national, mandatory labeling system for bioengineered foods. The USDA implemented this standard, with mandatory compliance taking effect on January 1, 2022. The law defines a bioengineered food as one that contains detectable genetic material modified through specific laboratory techniques that could not be created through conventional breeding or found in nature. This federal standard uses the term 'bioengineered' rather than the more common 'GMO' (genetically modified organism). For shoppers, understanding these distinctions is crucial, as the regulations do not cover all products made with genetically modified materials, leaving some unlabeled.
The Four Disclosure Methods
To comply with the NBFDS, manufacturers can choose from four different disclosure methods to inform consumers about the presence of bioengineered ingredients.
- Text Disclosure: This involves a clear, written statement on the product package. For single-ingredient items, the label will state “Bioengineered Food”. For multi-ingredient foods, the label will say “Contains a bioengineered food ingredient”.
- Symbol Disclosure: Manufacturers can display the USDA-designed bioengineered symbol. This round symbol features a stylized green-and-blue sun and plants, with the word “BIOENGINEERED” printed prominently.
- Electronic or Digital Link: A scannable QR code on the packaging can be used to link to a webpage with the disclosure information. This option must also include text such as “Scan here for more food information” along with a phone number for those without smartphone access.
- Text Message Disclosure: This option provides a number for consumers to text for product information, with a statement like, “Text [number] for bioengineered food information”. The text message response must immediately provide the disclosure details.
Exemptions to Bioengineered Food Labeling
Despite the mandatory standard, several significant exemptions mean not all foods containing GMO-derived material are required to be labeled. This can create confusion for consumers seeking to completely avoid such products.
- Highly Refined Ingredients: If a food is derived from a bioengineered crop but the refining process removes all detectable modified genetic material, it is not required to be labeled. This often applies to common ingredients like corn oil, canola oil, and sugar from sugar beets. Manufacturers can voluntarily label these as “derived from bioengineering” but are not mandated to do so.
- Restaurants and Small Manufacturers: The rule exempts foods served in restaurants and similar establishments, as well as products from very small manufacturers (with annual receipts under $2.5 million).
- Animal Products: A food derived from an animal is not considered bioengineered simply because the animal consumed bioengineered feed. This means milk, eggs, or meat from animals fed bioengineered corn or soy are not required to carry the label.
- Organic Certified Foods: Foods certified under the USDA National Organic Program are explicitly exempt, as organic standards prohibit the use of bioengineered ingredients.
Going Beyond the NBFDS: Non-GMO Project Verified and Organic
For shoppers who want a more comprehensive assurance that a product is non-GMO, relying solely on the USDA BE label may not be enough due to the various exemptions. Two key alternatives provide a higher standard of transparency.
- Non-GMO Project Verified Seal: This is a third-party, voluntary certification program with a more rigorous standard. The Non-GMO Project's definition of GMOs is broader and includes products from newer techniques like gene editing. Their standard requires testing for major, testable, high-risk ingredients and has a lower threshold for contamination (0.9%) compared to the NBFDS standard. Products with this seal must contain no, or minimal, genetically modified organisms.
- USDA Organic Certification: The USDA Organic standard is the gold standard for avoiding genetically engineered ingredients. By law, organic products cannot be produced using GMOs, covering everything from seeds and feed to processing and handling. If a product bears the official USDA Organic seal, it is non-GMO.
Comparison of USDA BE Label vs. Non-GMO Project Verified
| Feature | USDA Bioengineered (BE) Label | Non-GMO Project Verified Seal |
|---|---|---|
| Governing Authority | USDA (United States Department of Agriculture) | Non-profit organization, Third-Party Verified |
| Mandatory or Voluntary | Mandatory for regulated entities with qualifying products | Voluntary |
| Definition of "Bioengineered" | Food with detectable modified genetic material from recombinant DNA techniques | Broader definition, includes newer gene-editing techniques |
| Refined Ingredients | Not required to be labeled if modified DNA is undetectable | Requires testing for major, high-risk ingredients |
| Exemptions | Significant exemptions for restaurants, very small manufacturers, animal feed, etc. | No exemptions, more comprehensive standard |
The Most Common Bioengineered Foods
By being aware of the most commonly bioengineered crops, you can be a more informed shopper. The USDA provides an official list of bioengineered foods.
- Crops: Corn, Soybeans, Canola, Cotton, Sugar Beets, Alfalfa
- Fruits/Vegetables: Papaya (ringspot virus-resistant varieties), Arctic™ Apples, Pinkglow™ Pineapples, Potato varieties, Summer squash varieties
- Animal: AquAdvantage® Salmon
Many common processed food items are likely to contain ingredients from these crops, such as high-fructose corn syrup from corn or soy lecithin from soybeans.
How to Know if My Food is Bioengineered: A Practical Approach
For a consumer, knowing if a food is bioengineered means a multi-pronged approach that goes beyond simply looking for one label. Begin by checking for the mandatory disclosures mandated by the NBFDS. This includes the circular 'BIOENGINEERED' symbol, the explicit text on the package, or the QR code/phone number that links to the information. Next, if avoiding all GMO-derived products is a priority, actively look for third-party certifications like the Non-GMO Project Verified seal or the USDA Organic seal, as these cover many of the exemptions present in the federal rule. Finally, be aware of the common bioengineered crops and check ingredient lists on processed foods, especially for items like corn syrup, canola oil, and soy lecithin, which are frequently derived from bioengineered sources but may not be labeled under the NBFDS. A shopper who combines these strategies will have the most complete picture of what is in their food.
To see the official list of regulated bioengineered foods, visit the USDA Agricultural Marketing Service website.
Conclusion
The federal regulations for bioengineered food disclosure provide a baseline level of transparency for consumers, but they are not a foolproof method for identifying all GMO-derived products. By understanding the specific disclosure options—text, symbols, digital links—and recognizing the key exemptions for refined ingredients, restaurants, and animal feed, you can make more informed decisions while shopping. For the most comprehensive assurance of a non-bioengineered product, seek out the Non-GMO Project Verified seal or opt for products certified as USDA Organic. Staying informed and knowing which products are most likely to be bioengineered are your best tools for navigating the modern food aisle with confidence.
