Understanding GMO Labeling Legislation

Venable, has published a quick primer on the U.S. law that mandates a national standard for disclosing bioengineered foods.


In summary

  • 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).


Source: Understanding GMO Labeling Legislation


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