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On April 10, 2024, the Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture (USDA) published a request for information (RFI) about potential amendments to the electronic or digital link disclosure option as it pertains to the National Bioengineered Food Disclosure Standard (Standard). 89 Fed. Reg. 25187. Responses are due June 10, 2024. Background As amended in 2016, the Agricultural Marketing Act requires USDA to establish a national mandatory standard for disclosing any...

On March 28, 2024, the Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture (USDA) requested information about potential additions to or subtractions from the List of Bioengineered Foods (List) as it pertains to the National Bioengineered Food Disclosure Standard (Standard). 89 Fed. Reg. 21484. Under 7 C.F.R. Section 66.1, a bioengineered food is a food that — subject to certain factors, conditions, and limitations — contains detectable genetic material that has...

The U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) published a final rule on November 29, 2023, updating the National Bioengineered Food Disclosure Standard’s (the Standard) List of Bioengineered (BE) Foods (the List) by adding “sugarcane (Bt insect-resistant varieties)” and amending “squash (summer)” to “squash (summer, coat protein-mediated virus-resistant varieties).” 88 Fed. Reg. 83305. AMS states that in updating the List, “this final rule...

By Lynn L. Bergeson  On July 24, 2020, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) announced its solicitation for comments and feedback on recommendations to update the List of Bioengineered Foods as it pertains to the National Bioengineered Food Disclosure Standard. Comments are due by August 24, 2020....

By Lynn L. Bergeson On December 21, 2018, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service announced a final rule on the National Bioengineered (BE) Food Disclosure Standard (NBFDS).  The rule, which will be effective on February 19, 2019, and implemented on January 1, 2020, established the new mandatory NBFDS addressing genetically modified (GM) labeling. Food manufacturers, importers, and other entities that label foods for retail will be obligated to disclose...

By Lynn L. Bergeson On May 23, 2018, the U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) announced that a pre-recorded informational webinar regarding the proposed National Bioengineered Food Disclosure Standard (NBFDS) will be made available beginning on June 1, 2018.  83 Fed. Reg. 23827.  The Federal Register notice states that the pre-recorded webinar “will provide an overview of the background, provisions, and potential impacts of the...

By Lynn L. Bergeson On May 4, 2018, USDA’s Agricultural Marketing Service (AMS) proposed a rule to establish the National Bioengineered Food Disclosure Standard mandated by Congress in 2016.  83 Fed. Reg. 19860.  USDA states the standard will provide “a uniform way to offer meaningful disclosure for consumers who want more information about their food and avoid a patchwork system of state or private labels that could be confusing for consumers and would likely drive up...

On July 29, 2016, President Obama signed into law Senate Bill 764 (S. 764), creating a national bioengineered food disclosure standard. This law requires companies to provide information on food packaging directing customers to a website or phone line for more information about genetically modified organisms (GMO) that are present in the food product. S. 764 also contains specific language preempting State regulations on "labeling of whether a food (including food served in a restaurant...

On July 7, 2016, the Senate passed a bill, An Act to Reauthorize and Amend the National Sea Grant College Program Act, and for Other Purposes (S. 764), through agreement to the House's amendment to S. 764, with further amendment. While the bill is being referred to as a genetically modified organism (GMO) labeling bill, there is no actual requirement to print GMO ingredients on labels. Instead, companies would be required to print information on...