Starting in January 2022, brands will not be able to include a non-GMO claim and instead will be required to follow disclosure standards for bioengineered foods (aka GMOs).

The rule was established by the USDA and is called the National Bioengineered Food Disclosure Standard (NBFDS), which can lead to fines for brands who continue to make the non-GMO claim. The new rule applies to all food manufacturers and importers as well as retailers who package and label food for retail sale or sell bulk food items. Foods that are bioengineered contain 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 found in nature.

A bioengineered food disclosure is required if the most predominant ingredient of the finished product is a bioengineered ingredient. However, if the most predominant ingredient of the food is broth, stock, water, or a similar solution then a bioengineered food disclosure is required if the second most predominant ingredient of the finished product is bioengineered. There are a few exceptions to this rule that you can find here.

If a product is deemed bioengineered, the information panel must include an approved bioengineered symbol, a text disclosure that clearly communicates the product has bioengineered ingredients, An electronic or digital signature (aka a QR code) accompanied by the statements, or a free automated text response system along with the statement.

Imbibe’s regulatory team will provide customers with the bioengineered status. This document tells the customer if an ingredient sold by Imbibe is bioengineered or if it includes any genetically modified substances (e.g. if ethyl alcohol was used as a solvent to create a flavor sold by Imbibe, we will disclose that ethyl alcohol was used but it does not require a claim because it is highly processed). The regulatory team will also look at the product as a whole to determine its bioengineered status.

For a deeper look at what this could mean for your business, please read our more detailed blog post.

If you have any additional questions, please reach out to your business developer or email marketing@imbibeinc.com.