Labelling of GMOs and Bio Engineered Foods in the USA

The labelling of genetically modified organisms (GMOs) and bioengineered foods is a critical aspect of food safety and consumer transparency in the United States. Governed by the National Bioengineered Food Disclosure Standard (NBFDS), the regulations mandate clear and consistent disclosure of bioengineered ingredients to inform consumers about the nature of their food.

Regulatory Framework

The regulatory framework for the labelling of GMOs and bioengineered foods in the U.S. is outlined in Title 7—Agriculture, Subtitle B—Regulations of the Department of Agriculture, Chapter I—Agricultural Marketing Service (Standards, Inspections, Marketing Practices), PART 66—NATIONAL BIOENGINEERED FOOD DISCLOSURE STANDARD. This standard was established by the U.S. Department of Agriculture (USDA) and includes detailed requirements for the disclosure of bioengineered foods.

Definition and Scope

The NBFDS defines bioengineered foods as those that contain genetic material modified through in vitro recombinant DNA techniques and for which the modification could not otherwise be obtained through conventional breeding or found in nature. The scope of this regulation includes any food product that falls within this definition, necessitating proper labelling to indicate its bioengineered status.

Labelling Requirements

Under the NBFDS, the labelling requirements are precise and mandatory. All regulated food products must include a disclosure if they are bioengineered. The disclosure can be made through various means, such as:

1. Text Disclosure: The label must include the word “bioengineered” or a statement indicating that the food is derived from bioengineering.
2. Symbol Disclosure: A standardized symbol has been developed for use on labels, providing a visual cue that the product contains bioengineered ingredients.
3. Electronic or Digital Link Disclosure: Products may use a QR code or another digital link that directs consumers to a website with detailed information about the bioengineered ingredients in the product.

Additionally, stickers or ink stamps may be employed to meet the disclosure requirements, ensuring flexibility for producers and manufacturers.

Implementation and Compliance

The NBFDS was implemented with a phase-in period, giving entities time to adjust and comply with the new requirements. All regulated entities were required to comply by December 31, 2021. The USDA provides an annual update of the list of bioengineered foods, ensuring that the regulation keeps pace with advancements in biotechnology and changes in the food supply.

Stakeholder Engagement

The USDA's Agricultural Marketing Service (AMS) is responsible for overseeing the implementation and compliance of the NBFDS. Stakeholders, including consumers, industry representatives, and advocacy groups, can submit requests or complaints regarding the standard to the AMS. This engagement ensures that the regulation remains effective and responsive to public concerns and industry needs.

Importance of the NBFDS

The implementation of the NBFDS represents a significant step towards transparency in the food supply chain. It empowers consumers with the information they need to make informed choices about the foods they purchase and consume. By providing clear labelling of bioengineered foods, the standard helps to build trust between consumers and food producers, addressing public concerns about the safety and environmental impact of GMOs.

Challenges and Future Directions

While the NBFDS establishes a clear framework for the disclosure of bioengineered foods, it also presents challenges. These include ensuring consistent compliance across a diverse food industry and addressing the varying levels of consumer understanding and interest in bioengineered food labelling. Ongoing education and outreach efforts are essential to help consumers navigate and interpret the information provided on labels.

Moreover, as biotechnology continues to evolve, the regulatory framework must adapt to new developments. The USDA's commitment to annually updating the list of bioengineered foods is crucial in maintaining the relevance and accuracy of the standard.

Conclusion

The labelling of GMOs and bioengineered foods in the United States, governed by the NBFDS, is a cornerstone of food safety and consumer rights. By mandating clear and consistent disclosure, the standard ensures that consumers are informed about the bioengineered content of their food. As biotechnology and consumer awareness continue to grow, the NBFDS will play an essential role in fostering transparency and trust in the food industry.

Explore the Full Scope of U.S. Regulatory Guidelines with SGS Digicomply

The SGS Digicomply Food Regulatory Guide for the United States of America includes:

• Market Introduction
• Competent Authorities
• General Food Law: This includes general food safety laws, novel foods and introduction of new ingredients, e-commerce specific regulations, food operator registration requirements and control, food registration requirements, and dietary supplements and botanicals.
• Food Additives: This includes processing aids, permitted food additives, permitted flavourings, and use of foods as food additives.
• Labeling Requirements: This includes labeling of finished products, food product claims, labeling for food service and vending machines, labeling of samples not for sale, Halal, Kosher, vegan and vegetarian foods, and labeling of GMOs and bioengineered foods.
• Pesticides & Contaminants – Maximum Residue Levels: This includes pesticides, microbiological and safety requirements, veterinary drugs, trans-fatty acids, substances specifically not permitted for use in foodstuff, heavy metals, GMOs processes and procedures, and unclassified contaminants.
• Packaging and Packaging Sustainability: This includes finished products, packaging food process additives, packaging made of recycled materials (rPET and other recycled materials), and packaging claims. It also covers industry associations and NGO standards for packaging materials and recycling, government pre-approval requirements, packaging-related sustainable/environmentally friendly design, and food contact regulations such as single-use plastics.
• Import / Export Requirements: This includes requirements for foods import, trade agreements, and manufacturing intermediates (B2B).
• Product & Material Standards/Requirements: This includes fruits and vegetables, sweeteners including honey, bakery wares, meat substitutes, plant and novel proteins, prepared foods, fats and oils and fat emulsions, edible ices, beverages, ready-to-eat savories, confectionery, dairy products and analogues, cereals and cereal products, eggs and egg products, fish and fish products, meat and meat products, pet food/feed, livestock feed, nutritional uses and specific diets, and spices and other condiments.

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