Which state requires the labeling of foods that contain GMOs?

December 25, 2025 •

2 min read

In 2016, Vermont became the first U.S. state to enact a mandatory law for labeling foods containing genetically modified organisms, commonly known as GMOs. However, this state-level legislation was quickly superseded by a national standard, fundamentally changing how products are labeled across the country.

Quick Summary

Vermont was the first state with a mandatory GMO food labeling law, but it was preempted by a federal standard. National regulations now require food manufacturers to disclose bioengineered ingredients using specific text or symbols, creating a uniform nationwide system.

Key Points

Vermont's Pioneering Role: In 2014, Vermont was the first state to pass a mandatory GMO labeling law, Act 120, which went into effect briefly in 2016.
Federal Preemption: The federal National Bioengineered Food Disclosure Standard (NBFDS) passed in 2016, preempting and superseding all state-specific GMO labeling laws.
Bioengineered Terminology: The federal standard requires the use of the term “bioengineered” (BE) instead of “GMO,” which is the common term used by consumers.
Multiple Disclosure Options: The NBFDS allows manufacturers to disclose BE ingredients using text, a symbol, or an electronic QR code link.
Refined Ingredient Exemption: Highly refined ingredients derived from BE crops, such as corn oil or sugar from sugar beets, are exempt from labeling if the genetic material is no longer detectable.
No State Labeling Required: Due to federal preemption, no individual state currently requires its own distinct labeling for genetically modified foods.

Vermont's Pioneering Labeling Law

In May 2014, Vermont enacted Act 120, a law that would have required most genetically engineered (GE) foods sold in the state to be labeled starting in July 2016. Known as the Vermont Genetically Engineered Food Labeling Act, it was the first mandatory GE labeling law in the U.S. and aimed to provide consumers with more information about their food.

Act 120's Requirements

Act 120 stipulated that products containing GE materials needed specific labels such as 'Produced with Genetic Engineering'. It also prohibited using terms like 'natural' on products with GE ingredients. This state action led some major food companies to start labeling products nationwide to avoid state-specific packaging.

The Federal Preemption and National Standard

Vermont's law prompted a federal response that ultimately superseded state regulations. To prevent varying state laws, Congress passed the National Bioengineered Food Disclosure Standard (NBFDS) in July 2016, establishing a mandatory nationwide labeling system for bioengineered ingredients that differed from Vermont's requirements.

Key Provisions of the Federal Standard

The NBFDS created a uniform system for disclosing bioengineered (BE) food. Compliance became mandatory by January 1, 2022.

Disclosure options include:

Text: “Bioengineered Food” or “Contains a bioengineered food ingredient.”
Symbol: The USDA BE symbol.
Electronic Link: A QR code to an information website.
Phone Number/Website: For small manufacturers.

Exemptions to the Federal Standard

The NBFDS includes several exemptions:

Refined ingredients: Highly refined foods from BE crops are exempt if modified genetic material is undetectable.
Animal products: Meat, poultry, and eggs are not considered BE food solely if the animal ate BE feed.
Restaurants: Food sold in restaurants is exempt.
Small manufacturers: Those under $2.5 million in annual receipts are exempt.
Organic products: USDA certified organic foods are exempt.

Comparing the Vermont Law and Federal Standard


Requirement	Vermont Act 120 (Preempted)	National BE Standard (Current)
Labeling Term	“Genetically Engineered” (GE)	“Bioengineered” (BE)
Status	Mandatory within Vermont only.	Mandatory nationwide.
Coverage	Applied to most GE raw and processed foods.	Applies to regulated entities producing or selling BE food, with exemptions like refined ingredients.
Disclosure Methods	Text-based wording only.	Text, symbol, electronic link (QR code), or phone number.
Preemption	Superseded by federal NBFDS in 2016.	Federal law preventing state mandatory BE/GMO labeling laws.

Conclusion: The Evolution of Food Labeling

Vermont's Act 120 was a significant step, but it led to a uniform federal standard. The National Bioengineered Food Disclosure Standard now governs BE food labeling across the U.S., replacing state-level variations with a single system. Consumers can find BE ingredient information by looking for specific text or the symbol on packaging nationwide. More information is available on the USDA's Agricultural Marketing Service website.

Frequently Asked Questions

Vermont's mandatory GMO labeling law, Act 120, was preempted and replaced by a national standard in July 2016. The federal law, the National Bioengineered Food Disclosure Standard, created a uniform set of rules for the entire country.

No, as of the implementation of the federal National Bioengineered Food Disclosure Standard, all state and local laws regarding mandatory GMO labeling were preempted. This means states are not permitted to have separate, mandatory labeling requirements.

The federal standard is the National Bioengineered Food Disclosure Standard (NBFDS), which requires manufacturers to disclose the presence of 'bioengineered' (BE) ingredients using specific text, a symbol, or a digital link.

The federal standard officially went into effect on January 1, 2022, after a voluntary compliance period.

No, under the federal NBFDS, ingredients like refined oils and sugars are exempt from labeling if the refining process makes the modified genetic material undetectable.

No, the federal standard explicitly states that food derived from an animal is not considered bioengineered solely because the animal consumed bioengineered feed.

The term 'GMO' (genetically modified organism) is a more commonly known but general term used by the public. 'Bioengineered' (BE) is the specific legal term defined and required by the USDA's national standard for food labeling.