The National Bioengineered Food Disclosure Standard (NBFDS) under 7 CFR Part 66 requires food manufacturers and importers to disclose the presence of bioengineered (BE) ingredients in foods sold in the United States. Administered by USDA's Agricultural Marketing Service, the rule took full effect January 1, 2022.
Unlike FDA's food labeling regulations, the BE disclosure standard is enforced by USDA, not FDA — another reminder that CPG compliance spans multiple federal agencies depending on the claim type.
What Triggers the Disclosure Requirement
The BE disclosure requirement applies to foods that contain a detectable amount of bioengineered genetic material — modified DNA above a threshold of 0.9% (for de minimis allowance) in the finished product — from one or more ingredients on USDA's list of BE foods.
The USDA BE foods list (as of 2026) includes:
Alfalfa
Apple (Arctic varieties)
Canola
Corn
Cotton (cottonseeds)
Eggplant (BARI Bt Begun varieties)
Papaya (ringspot virus-resistant)
Pineapple (pink flesh varieties)
Potato
Salmon (AquAdvantage)
Soybean
Squash (summer)
Sugar beet
The list is updated periodically by USDA as new BE crops are commercially available. Corn and soy are the most pervasive — the majority of U.S. corn and soy production is bioengineered, making these ingredients common disclosure triggers for CPG products.
Who Must Comply
The disclosure obligation applies to:
Food manufacturers: Companies that manufacture, process, or package food products that contain BE ingredients for retail sale in the U.S.
Importers: Companies that import food products containing BE ingredients for retail sale in the U.S.
Small food manufacturers exemption: Food manufacturers with annual receipts of less than $2.5 million are exempt from the mandatory disclosure requirement.
Very small food manufacturers: Manufacturers with annual receipts between $2.5 million and $10 million have different compliance pathways (can refer consumers to a phone number or website for BE disclosure information instead of on-package text).
Restaurants and foodservice: Exempt from the BE disclosure requirement — the rule applies to retail packaged food products.
Highly refined ingredients: Ingredients derived from bioengineered crops but in which the genetic modification is no longer detectable — highly refined soybean oil, corn syrup, and similar highly processed derivatives — may not require disclosure because the modified DNA is no longer present or detectable. This is a significant practical point: refined soy oil in a product does not necessarily trigger a BE disclosure.
Required Disclosure Forms
When disclosure is required, the manufacturer may use one of several disclosure forms under 7 CFR 66.102:
Text disclosure: "Contains a bioengineered food ingredient" or "Partially produced with genetic engineering" or other USDA-approved language. The exact wording options are specified in the regulation.
Symbol disclosure: USDA has approved a "BE" symbol — a sun-over-field design with the word "Bioengineered" — that can appear on the product label in lieu of text.
Electronic/digital disclosure: A QR code or phone number that links to information about BE content. This option allows brands to reduce on-package text while still meeting the disclosure requirement. The QR code or phone number must be presented with the statement "Scan here for more food information" or similar.
"Non-GMO" Claims and the BE Rule
The NBFDS created an important compliance tension for brands that have long used "non-GMO" as a marketing claim. The BE disclosure standard and the "non-GMO" claim are not identical concepts, and brands need to understand the interaction.
"Non-GMO" is not a federally defined claim under the BE rule. The NBFDS does not establish a regulatory definition for "non-GMO" or prohibit its use. But USDA's position is that "non-GMO" claims are general marketing claims subject to truth and accuracy standards.
The Non-GMO Project Verified seal is a third-party certification (not a federal standard) with its own testing requirements and ingredient review processes. Being Non-GMO Project Verified doesn't create a BE disclosure exemption — if the product contains a detectable amount of BE genetic material from a listed crop, the federal disclosure requirement still applies.
Conflict between disclosure and "non-GMO" claim: A product that carries a BE disclosure (because it contains a detectable level of BE ingredients) while also claiming "non-GMO" in marketing copy creates an obvious consumer confusion issue and may constitute a misleading claim under general FTC and FDA misbranding standards.
A brand with soybean oil that has been refined to non-detectable levels of BE genetic material could potentially avoid the BE disclosure while also using "non-GMO" marketing language — if the claim is accurate. But this requires documentation of the refining process and verification that the BE material is indeed non-detectable.
Practical Compliance Steps
For CPG brands, the practical compliance workflow for the BE disclosure standard:
Identify BE-susceptible ingredients: Review all agricultural ingredients for the USDA BE list. Corn (including corn starch, corn syrup, corn meal), soy (including soy protein, soy lecithin in un-refined form), canola oil, and sugar beet-derived sugar are the most common triggers.
Determine if refinement exemption applies: For highly refined derivatives (corn syrup, refined soy oil, refined canola oil, sugar from sugar beets), obtain supplier documentation confirming that the ingredient is produced from a refining process that results in non-detectable levels of BE genetic material. This documentation is your defense if the refinery exemption applies.
Obtain supply chain documentation: For ingredients that may require disclosure, obtain documentation from suppliers confirming whether the ingredient is derived from a BE crop. Supply chain documentation supports the disclosure decision and provides an audit trail.
Choose a disclosure format: Text, symbol, or electronic disclosure. Each has different label real estate implications. Electronic disclosure via QR code is becoming the most common choice for products with limited label space.
Monitor the USDA BE list: USDA updates the list as new BE crops become commercially available. A product that doesn't require disclosure today may require disclosure in the future if a new BE variety of an existing ingredient enters the market.
BE Disclosure for Dietary Supplements
Dietary supplements are subject to the BE disclosure requirement under the NBFDS. Botanical supplement ingredients derived from BE crops — soy isoflavone extracts from BE soybeans, corn-derived ingredients in supplement formulas — may trigger disclosure requirements.
The exemption for highly refined ingredients applies to supplements as well: if the modification is no longer detectable, disclosure may not be required. But the documentation burden is the same — brands need supplier evidence of non-detectability to rely on the exemption.
BE Disclosure Is a Federal Obligation — Not a Marketing Choice
Unlike many other label claims that are voluntary, the BE disclosure is mandatory when triggered. The compliance starting point is accurate supply chain information about which ingredients are derived from BE crops and whether the refinery exemption applies.
Truli's compliance platform monitors ingredient lists for BE-susceptible ingredients and flags potential disclosure requirements based on current USDA BE food lists. Book a demo to see how Truli tracks regulatory requirements across food labeling agencies.
