The National Bioengineered Food Disclosure Standard
The National Bioengineered Food Disclosure Standard (NBFDS), passed by Congress in 2016, created a federal law for consistent, mandatory labeling across the U.S.. Mandatory labeling began on January 1, 2022, establishing a uniform standard to help consumers identify products made with modern biotechnology. This standard replaced a potentially complex system of state-specific regulations.
The Switch from "GMO" to "BE"
A notable change in the NBFDS is the required use of "bioengineered" (BE) instead of the common term "GMO". The USDA's definition of bioengineered food involves detectable genetic material modified through specific laboratory techniques not achievable through traditional breeding. This choice of terminology has been debated by consumer advocates who find "GMO" more recognizable.
Mandatory Disclosure Takes Effect
Since early 2022, manufacturers, importers, and retailers must comply with the standard, explaining the widespread appearance of these new labels. The standard allows companies flexibility in how they communicate this information to consumers.
Understanding Bioengineered vs. GMO
While often used interchangeably, "bioengineered" and "genetically modified organism (GMO)" have different meanings under the USDA standard. Bioengineered is a more specific term within the broader concept of genetic modification.
What the USDA Defines as "Bioengineered"
The USDA defines bioengineered food as containing genetic material modified by in vitro recombinant DNA techniques not possible through conventional breeding. A key point is that the finished product must contain detectable modified genetic material, which exempts certain highly refined ingredients.
The Broader Term: Genetically Modified Organism (GMO)
The term GMO is generally used by the public to describe any organism with genetic material altered using genetic engineering. This broader definition means some items commonly called GMOs may not require a mandatory BE label under the standard.
How to Identify Bioengineered Food Ingredients
Food companies have several approved methods to disclose bioengineered ingredients, which must be clear and visible to consumers.
Common Disclosure Methods:
- Text Disclosure: Phrases like "Bioengineered food" or "Contains a bioengineered food ingredient" are used.
- Symbol Disclosure: A specific circular symbol with "BIOENGINEERED" and a stylized plant image can be used, in color or black and white.
- Electronic or Digital Link: QR codes or similar links (often called "SmartLabel") can lead to a webpage with the disclosure. Text like "Scan here for more food information" must accompany the link.
- Text Message or Phone Number: These options provide the disclosure via a free service for the consumer, sometimes used for smaller packaging or brands.
Common Bioengineered Crops and Products
Ingredients derived from bioengineered crops are common in U.S. foods. The USDA lists crops available in bioengineered form that may require disclosure. These include:
- Alfalfa
- Canola
- Corn
- Cotton
- Papaya (certain varieties)
- Pineapple (pink-fleshed)
- Potato (certain varieties)
- Salmon (AquAdvantage®)
- Soybean
- Sugarbeet
The Exemptions and Gray Areas
The USDA standard includes exemptions where a bioengineered food label is not required.
Refined Ingredients and the "Derived From" Label
Highly refined ingredients, such as certain oils and sugars, are exempt if the refining process removes detectable modified genetic material. Companies may voluntarily label these as "derived from bioengineering".
Exemptions for Small Manufacturers and Restaurants
Food served in restaurants, products from "very small food manufacturers" (under $2.5 million in annual receipts), and most meat, poultry, and egg products are also exempt.
Labeling Comparison: BE, Organic, and Non-GMO Project
Understanding different food labels is helpful for consumers. Here’s a comparison:
| Feature | USDA Bioengineered (BE) Label | USDA Organic Label | Non-GMO Project Verified |
|---|---|---|---|
| Regulatory Body | USDA - AMS | USDA - NOP | Non-profit organization |
| Compliance | Mandatory for regulated foods with detectable BE material. | Voluntary certification. | Voluntary third-party verification. |
| Scope | Discloses specific modern genetic engineering techniques. | Prohibits genetic engineering methods. | Confirms no GMOs above a threshold. |
| Detectable DNA | Required if detectable in finished product. | Production method prohibits genetic engineering. | Tests for GMO presence. |
| Animal Products | Exempt if animal eats BE feed. | Prohibits BE/GMO animal feed. | Prohibits GMO animal feed. |
| Highly Refined | Exempt if no detectable genetic material. | Cannot be certified Organic if BE. | Tested for compliance. |
Conclusion: Making Informed Choices
The appearance of bioengineered food ingredients labels is a result of the USDA's mandatory disclosure standard, fully effective in 2022. These labels aim to give consumers more information about their food. While the terms and exemptions can be complex, understanding them helps in making informed decisions. Consumers can also look for USDA Organic or Non-GMO Project Verified labels if they wish to avoid bioengineered ingredients. This increased transparency empowers consumers to choose products based on their preferences.
For more details on the standard, visit the USDA Agricultural Marketing Service at the National Bioengineered Food Disclosure Standard.