United States Department of Agriculture

Agricultural Marketing Service

National Bioengineered 

Food Disclosure Standard

The National Bioengineered Food Disclosure Standard, passed by 

Congress in July of 2016, directed the United States Department of 

Agriculture (USDA) to establish a national mandatory standard for 

disclosing foods that are or may be bioengineered. The National 

Bioengineered Food Disclosure Standard (Standard) was published 

on December 20, 2018. This factsheet will assist you with determining 

what and who is subject to the Standard. 

What are bioengineered foods?

A food that contains genetic material that has been modified through 

in vitro rDNA techniques and for which the modification could not 

otherwise be obtained through conventional breeding or found in 

nature. 

What is not a bioengineered food?

• Incidental additives

• Ingredients or products in which the modified genetic material

is not detectable

Modified genetic material is not detectable if:

 Records verify the food is made from a non-bioengineered

food,

 Records verify the food has been refined using a process

validated to render the modified genetic material

undetectable, or

Testing records for specific foods confirm the absence of

detectable modified genetic material.

Who is covered by the Standard? 

• Food Manufacturers, Importers, and Retailers who package and

label food for retail or bulk food sales.

Restaurants and similar retail food establishments and very small 

food manufacturers (<$2,500,000 of annual receipts) are exempted 

from the Standard. 

Am I required to notify AMS of a new bioengineered food product 

being developed? 

There is no requirement to notify AMS of a new bioengineered food 

product being developed. AMS will conduct an annual list review 

and rely on a variety of resources and public input to determine 

what foods should be added to the list. Updates to the list will be 

completed using notice and comment rulemaking. 

Disclosure 

Which foods require disclosure?

• Foods that are subject to the labeling requirements under the

Federal Food, Drug, and Cosmetic Act (FDCA).

• Foods that are subject to the labeling requirements under the

Federal Meat Inspection Act, the Poultry Products Inspection Act, 

or the Egg Products Inspection Act, only if:

The predominant ingredient would be independently subject

to labeling under the FDCA, or

The predominant ingredient is broth, stock, water or similar

solution and the second most predominant ingredient would

independently be subject to labeling under the FDCA. 

Where must the bioengineered food disclosure be placed?

Disclosure must be placed on:

• The information panel adjacent to the manufacturer/distributor

information; or

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Agricultural Marketing Service National Bioengineered Food Disclosure Standard

• The principal display panel.

If there is insufficient space on either of the panels listed above, the 

disclosure can be placed on any other panel likely to be seen by a 

consumer under ordinary shopping conditions.

How must the bioengineered food disclosure be made?

The disclosure must be of a sufficient size and clarity to appear 

prominently and conspicuously on the label, making it likely to be 

read and understood by the consumer.

There are four disclosure options:

• On-package text, e.g. “Bioengineered food,” or “Contains a

bioengineered food ingredient”;

• USDA approved symbol for bioengineered food;

• Electronic or digital link that must include instructions to “Scan

here for more food information” or similar language that only

reflects technological changes, and include the phrase “Call

[1-000-000-0000] for more food information”; or

• Text message disclosure must include the statement: “Text

[command word] to [number] for bioengineered food information.”

Small food manufacturers may use any of the four disclosure options 

or direct the consumer to “Call for more food information” or “Visit 

[URL of the website] for more food information.” Such disclosures 

require an accompanying phone number or website URL.

Disclosure on small packages may be made using shortened versions 

of the required statements.

Disclosure on very small packages may be made using an existing 

URL or phone number. 

How must bioengineered food disclosure be made on foods sold in 

bulk containers?

Retailers are responsible for disclosure. Disclosure can be made using 

any of the four standard options, listed above.Disclosure must be 

placed on signage or other material on or near the bulk food items.

Can an entity make voluntary disclosures?

Entities that are otherwise exempt from disclosure, such as very small 

food manufacturers and restaurants and similar retail food 

establishments, may disclose using any of the options available to 

regulated entities. 

In limited circumstances, certain foods that do not meet the 

definition of “bioengineered food” but are derived from 

bioengineered food may be disclosed. If using the symbol for such 

disclosures, the USDA-approved symbol for food derived from 

bioengineering must be used. 

July 2019 www.ams.usda.gov USDA is an equal opportunity provider, employer, and lender.

Is the first ingredient subject to the Federal Meat 

Inspection Act (FMIA), Poultry Products Inspection 

Act (PPIA), or Eggs Product Inspection Act (EPIA)? 

Ex. Pork, Beef, Sheep, Goat, Catfish, Chicken, Turkey, 

Domesticated Birds, Egg Product.

Yes

Not Subject to the Standard

Yes

Is the second ingedient subject 

to FMIA, PPIA, or EPIA?

Yes

Not Subject to the Standard

No

Is the first ingredient broth, 

stock, water or similar 

solution?

No

Subject to the Standard

Is there a list of bioengineered foods?

The USDA Agricultural Marketing Service (AMS) maintains the 

List of Bioengineered Foods on its website: www.ams.usda.gov/

rules-regulations/be/bioengineered-foods-list. Foods on the 

List must be disclosed unless records demonstrate they are not 

bioengineered.

Is Your Food Subject To Disclosure?