Venable, has published a quick primer on the U.S. law that mandates a national standard for disclosing bioengineered foods.
- Federal Law pre-empts states from GMO legislation.
- Applies to foods (and dietary supplements are foods) as defined by:
- Food Drug & Cosmetics Act, foods subject to labeling requirements under the Federal Meat Inspection Act, the Poultry Products Inspection Act, or the Egg Products Inspection Act.
- GMO foods, contain genetic material that
- has been modified through in vitro recombinant deoxyribonucleic acid (DNA) techniques and
- the modification could not otherwise be obtained through conventional breeding or found in nature.
- USDA will need to provide guidance and interpretation.
- A GMO labeling notice is required,
- As a text statement, or
- Electronic link (such as QR Codes) to a statement
- Non-GMO assertion
- A Non-GMO certification, under the National Organic Program (7 U.S.C. § 6501 et seq.), is sufficient to claim the absence of bioengineering in the food (e.g., “not bioengineered,” “non-GMO,” or another similar claim).