Bioengineered Food Disclosures
In 2016, Congress passed and President Obama signed the National Bioengineered Food Disclosure Law (NBFDL), establishing a requirement for food manufacturers to inform consumers whether their food products are bioengineered or contain bioengineered ingredients. The U.S. Department of Agriculture (USDA) finalized regulations for implementing that law in 2018, requiring food manufactures to comply by January 1, 2022.
What does this mean?
We understand that some consumers have questions about bioengineered (BE) food and ingredients. Historically these products have been referred to as genetically modified organisms (GMO) or genetically engineered (GE). Many prominent regulatory agencies and organizations that study the safety of the food supply, including the U.S. Food & Drug Administration, the World Health Organization, and the U.S. Department of Agriculture, have found that bioengineered food and ingredients are safe.
What are Bioengineered Foods?
Genetically modified ingredients are becoming more common in the food industry. This technology has been around for more than 20 years and has been approved by global food safety agencies. AMS (Agricultural Marketing Service) regulations define ‘bioengineered food’ as: “foods as those that contain detectable genetic material that has been modified through certain lab techniques and cannot be created through conventional breeding or found in nature.”
The AMS developed the List of Bioengineered Foods to identify the crops or foods that are available in a bioengineered form throughout the world. The definition of BE Foods explicitly excludes incidental additives and foods for which “the modified genetic material is not detectable pursuant to [specific standards]”. Certain highly refined foods like oils may not require disclosure, for example, if the genetic material from a bioengineered ingredient is not detectable.
How can I tell if a food is BE or Derived from BE?
Once a determination is made that a food requires labelling under the NBFDS, disclosures can be shown in one of four different ways:
(1) a textual description on the package that the food is “bioengineered” or “contains bioengineered ingredients”;
(2) a USDA-designed symbol on their package indicating “bioengineered” ;
(3) an electronic or digital link on the package, which when scanned by the consumer, goes to a website disclosure; or
(4) a telephone number on the package that consumers can text to receive the disclosure.
Examples of BE Labels You May See at WinCo Foods, LLC



Helpful resources:
List of Bioengineered Foods | Agricultural Marketing Service (usda.gov)
BE Frequently Asked Questions - General | Agricultural Marketing Service (usda.gov)
BE Disclosure | Agricultural Marketing Service (usda.gov)Webinar: Overview of the National Bioengineered Food Disclosure Standard December 2020 - YouTube