The National Bioengineered Food Disclosure Standard (NBFDS)
In July 2016, President Obama signed the National Bioengineered Food Disclosure Law, leading to the creation of the NBFDS by the U.S. Department of Agriculture (USDA). Mandatory compliance began on January 1, 2022. This law created a national framework for disclosing bioengineered (BE) food, replacing varied state regulations. The NBFDS aims to inform consumers about their food's contents, but the labels do not indicate safety, health, or nutritional qualities. It defines which foods need disclosure, applicable exemptions, and acceptable methods for companies to provide information.
What Exactly is a Bioengineered Food?
The NBFDS defines a bioengineered food as containing modified genetic material through specific laboratory techniques not achievable by conventional breeding or found in nature. This is more specific than the general term "genetically modified organism" (GMO). The USDA lists bioengineered foods, including certain varieties of alfalfa, corn, soy, apples, papaya, and squash. A food product is considered bioengineered if it contains detectable levels of this modified genetic material.
Approved Disclosure Methods
Regulated companies have four options to disclose bioengineered food information:
- On-Package Text: A clear statement like "Bioengineered Food" or "Contains a bioengineered food ingredient" is placed near the ingredient list.
- Symbol: A USDA-approved circular symbol featuring a green band and the word "BIOENGINEERED" can be used. A similar symbol is available for voluntary disclosures.
- Digital Link (QR Code): An electronic link, like a QR code, on the package with text such as "Scan here for more food information" and a phone number. The link must go directly to a product information page without marketing.
- Text Message: Providing a number and instructions like "Text [command word] to [number] for bioengineered food information" on the label. The text response must contain only the disclosure and no marketing.
Key Exemptions from Disclosure Requirements
Several factors exempt products from mandatory disclosure:
- Highly Refined Ingredients: Ingredients from bioengineered crops that have undergone refining to remove modified genetic material, such as corn syrup or soybean oil, are exempt.
- Very Small Food Manufacturers: Companies with less than $2.5 million in annual receipts are exempt.
- Restaurants and Similar Establishments: Food prepared and served in these locations is exempt.
- Animal Feed: Foods derived from animals, like meat or dairy, are exempt if the animal consumed bioengineered feed. Products where meat or eggs are the primary ingredient are also typically exempt.
- Organic Products: USDA-certified organic foods are exempt.
- Inadvertent Presence: An allowance exists for the unintended presence of up to 5% bioengineered substance per ingredient.
Comparison of Bioengineered Food Disclosure Options
| Feature | Text-Based Disclosure | Digital Link / QR Code Disclosure |
|---|---|---|
| Transparency | High visibility on-package. | Requires consumer action (scanning) to access information. |
| Accessibility | Immediately accessible to all consumers. | Requires a smartphone and internet access, potentially limiting accessibility for some shoppers. |
| Flexibility | Static; cannot be updated without new packaging. | Content can be updated electronically, allowing for more dynamic information. |
| Cost | Potentially higher cost for new packaging designs. | Lower cost for updates, but requires investment in digital infrastructure. |
| Additional Info | Offers limited space for explanation. | Can provide additional context and details on a webpage. |
Conclusion: Navigating Food Transparency
Understanding the NBFDS helps consumers know that not all genetically engineered foods require labeling due to specific exemptions, particularly for many highly processed products. The law mandates disclosure when detectable BE ingredients are present and not otherwise exempt. The available disclosure methods offer consumers different levels of accessibility. Navigating these rules enables consumers to make informed food choices based on their preferences. {Link: eCFR.gov https://www.ecfr.gov/current/title-7/subtitle-B/chapter-I/subchapter-C/part-66} provides detailed information.
Disclosure information may be found on the information panel, principal display panel, or an alternate panel if space is limited. Companies must maintain records for two years to show compliance. Additionally, voluntary labeling is an option for ingredients derived from bioengineering even without detectable modified DNA.
