The USDA National Bioengineered Food Disclosure Standard (NBFDS), codified at 7 CFR Part 66 and administered by USDA Agricultural Marketing Service (AMS), requires that food labels disclose when a product contains a bioengineered food or bioengineered food ingredient. The rule was effective January 1, 2020 and mandatory for all regulated entities by January 1, 2022.

The rule applies to most food products regulated by FDA, including many dietary supplements. USDA FSIS-regulated products (meat, poultry, and egg products) are subject to the rule only if a bioengineered ingredient — not a meat, poultry, or egg ingredient — is the first listed ingredient.

The List of Bioengineered Foods

USDA AMS maintains the List of Bioengineered Foods — the definitive list of foods for which bioengineering has been developed and for which BE versions are commercially available. A regulated entity must use the list to determine whether a disclosure is required. The current list includes:

• Alfalfa

• Apple (Arctic® varieties)

• Canola

• Corn

• Cotton

• Eggplant (Bt brinjal, limited commercial availability)

• Papaya (ringspot virus-resistant varieties)

• Pineapple (pink flesh)

• Potato

• Salmon (AquAdvantage)

• Soybean

• Squash (summer squash, certain varieties)

• Sugarbeet

For food and supplement brands, corn, soy, canola, and sugarbeet are the most commonly relevant — these are widely used as ingredients or ingredient derivatives in processed foods and supplements.

Who Must Comply

Under 7 CFR 66.2, the following are regulated entities subject to the disclosure requirement:

• Food manufacturers — any entity that manufacturers or processes food for US retail sale

• Food importers — entities that import food for US retail sale

• Retailers — who manufacture or process food sold in their own stores under a store brand

Small and Very Small Food Manufacturer Exemptions

• Small food manufacturers (annual receipts under $10 million) had a later compliance date and have modified compliance options

• Very small food manufacturers (annual receipts under $2.5 million) are exempt from the disclosure requirement

• Restaurants and similar retail food establishments are exempt — the rule covers packaged retail foods, not food service

Disclosure Threshold

A regulated entity must disclose when a food contains a bioengineered substance — defined as a substance that contains genetic material that has been modified through in vitro recombinant DNA techniques and for which the modification could not otherwise be obtained through conventional breeding. The disclosure requirement is triggered when a bioengineered ingredient is present in the finished food.

Critically, the rule includes a detectability standard: if a bioengineered ingredient has been so highly processed that the modified genetic material is no longer detectable in the final food (e.g., highly refined oils from bioengineered crops), disclosure is not required. This is the basis on which highly refined soy or corn oils may not require a BE disclosure even when derived from bioengineered crops.

Disclosure Methods

Under 7 CFR 66.100–66.116, regulated entities may use any of the following four disclosure methods:

1. Text Disclosure

The label must state:

• "Bioengineered food" (for products that are entirely a BE food)

• "Contains a bioengineered food ingredient" (for products with one or more BE ingredients)

2. USDA BE Symbol

USDA has established an official circular symbol with the letters "BE" inside a stylized design. The symbol may appear in any color that is clearly legible. Regulated entities may use the symbol in place of text disclosure.

3. Electronic Disclosure (QR Code)

A QR code or URL on the label that directs consumers to a website or landing page with the BE disclosure. When using electronic disclosure, the label must include text such as "Scan here for more food information" adjacent to the QR code.

4. Text Message

A label may direct consumers to text a specific number to receive the disclosure ("Text [number] for food information").

Small Package Requirements

For packages with less than 40 square inches of total surface area, electronic disclosure (QR code/URL) or a telephone number for text message disclosure is sufficient. Full text disclosure is not required on small packages.

Dietary Supplements and the BE Disclosure Standard

Dietary supplements regulated by FDA are subject to the BE disclosure requirement if they contain an ingredient that is on the List of Bioengineered Foods and the bioengineered material is detectable. Protein powders and meal replacements containing soy protein, corn-derived ingredients, or canola-derived ingredients may trigger disclosure obligations if the bioengineered material is detectable in the finished supplement.

Interaction with USDA Organic Labeling

Products certified as USDA Organic under the National Organic Program are exempt from the BE disclosure requirement, because NOP-certified organic products by definition cannot contain bioengineered ingredients. A product bearing the USDA Organic seal satisfies the BE disclosure standard without a separate BE disclosure.

Recordkeeping Requirements

Under 7 CFR 66.302, regulated entities must maintain records sufficient to demonstrate whether a disclosure is required for a food. Records must be maintained for 2 years after the food is sold or distributed at retail. For imported foods, import documentation must be maintained.

How Truli Helps with BE Disclosure Compliance

• Ingredient screening: Truli identifies ingredients derived from commodities on the USDA BE list — corn, soy, canola, sugarbeet — and flags them for BE disclosure review

• Detectability assessment: Truli surfaces guidance on which highly refined derivatives (oils, sugars, starches) may be exempt based on detectability

• Label audit: Truli verifies that required BE disclosures are present and use an approved disclosure method

Related Regulations

• USDA Organic — National Organic Program — Organic certification that exempts products from BE disclosure

• 21 CFR Part 101 — FDA food labeling requirements that apply alongside BE disclosure

• DSHEA — FDA's framework for dietary supplement regulation

Frequently Asked Questions

Does "Non-GMO" on a label satisfy the BE disclosure requirement?
No. A "Non-GMO" claim is a voluntary marketing claim and does not substitute for the mandatory BE disclosure when required. Conversely, if a product makes a voluntary non-GMO claim, the BE disclosure standard in 7 CFR 66.116 requires that voluntary non-disclosure claims (claims that a food is not bioengineered) be truthful and not misleading.

Does soybean oil need a BE disclosure?
Refined soybean oil derived from bioengineered soybeans may not require a BE disclosure if the oil is so highly processed that bioengineered genetic material is no longer detectable in the final product. Brands using refined soy oil should obtain documentation from their supplier confirming whether the oil meets the non-detectable threshold.

Do I need a BE disclosure if only a minor ingredient in my product is derived from a BE crop?
Yes, if the ingredient is on the List of Bioengineered Foods and the bioengineered material is detectable in the finished food, a disclosure is required regardless of how minor the ingredient is in the formulation.

A note from Truli: Truli is not a law firm, and this article does not constitute or contain legal advice or create an attorney-client relationship. When determining your obligations and compliance with respect to relevant laws and regulations, you should consult a licensed attorney.
Last updated: April 2026. USDA AMS updates the List of Bioengineered Foods periodically — Truli monitors NBFDS changes affecting food and supplement brands. Book a demo to see how.