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The USDA National Bioengineered Food Disclosure Standard Final Rule was published in the Federal Register on December 21, 2018. This rule becomes effective February 19, 2019 and establishes the new bioengineered (BE) food disclosure standard (NBFDS or Standard) to provide a mandatory disclosure standard for BE food, by which uniform information is provided to consumers. The new Standard requires food manufacturers, importers, and other entities that label foods for retail sale to disclose information about BE food and BE food ingredients. Establishment and implementation of the new Standard is required by an amendment to the Agricultural Marketing Act of 1946. The Standard defines bioengineered foods as those that contain detectable genetic material that has been modified through lab techniques and cannot be created through conventional breeding or found in nature. USDA will provide outreach and education to inform regulated entities and the public about the new disclosure terms. 

Recognizing this rule will be complicated to implement the following compliance dates have been established

·       Implementation Date: January 1, 2020.

 Extended Implementation Date (for small food manufacturers): January 1, 2021.

Regulated entities should begin implementing the NBFDS no later than these dates by identifying the foods that will need to bear a BE disclosure, the records necessary to meet the recordkeeping requirements, and the type of BE disclosure they will use on their products.

Following the implementation dates, the final rule establishes a mandatory compliance date and a voluntary compliance period.

·       Voluntary Compliance Date: Ends on December 31, 2021.

Regulated entities may use labels that are compliant with preempted State labeling laws during the voluntary compliance period.

·       Mandatory Compliance Date: January 1, 2022.

All regulated entities must comply with the requirements of the NBFDS beginning on this date.  The three year period allows for sufficient time to use up and convert existing labels and packaging. 

The Federal Register notice is available here:  [PDF]