The U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) is requesting public input on potential regulatory amendments to the electronic or digital link disclosure option as it pertains to the National Bioengineered Food Disclosure Standard (Standard).
AMS published a Request for Information in the Federal Register on April 10, 2024. Interested parties have 60 days to respond to the Request for Information regarding potential amendments to the electronic or digital link disclosure option as it pertains to the Standard.
On July 29, 2016, Public Law 114–216 amended the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et. seq.) (amended Act) to require USDA to establish a national, mandatory standard for disclosing any food that is or may be bioengineered (BE). In accordance with the amended Act, USDA published final regulations to implement the Standard on December 21, 2018 (83 FR 65814). The regulations became effective on February 19, 2019, with a mandatory compliance date of January 1, 2022.
The amended Act requires USDA to implement the following three BE food disclosure options: on-package text; on-package symbol; and an electronic or digital link, with the disclosure option to be selected by the food manufacturer. 7 U.S.C. 1639b(b)(2)(D). The requirements for electronic or digital link disclosure are explained at 7 CFR 66.106, which mandates that the electronic or digital link be accompanied by on-package statements that read, “Scan here for more food information” and “Call 1-000-000-0000 for more food information.” In accordance with 7 USC §1639b(c)(4), AMS also added a text message disclosure option as an additional and comparable option to access the BE disclosure.
In September 2022, the Federal Court for the Northern District of California issued a decision addressing several claims raised in Natural Grocers, et al. v. Vilsack, et al. regarding the Standard. The Court concluded an additional and comparable disclosure option must be included with the electronic or digital link disclosure (7 CFR 66.106). The Court accordingly ordered that AMS reconsider the requirements in §§ 66.106 and 108.
AMS invites public comment on the Request for Information through June 10, 2024. Comments may be submitted via the internet at https://www.regulations.gov. Enter (AMS-FTPP-23-0019) in the Search field. Select the Documents tab, then select the ‘Comment’ button in the list of documents. Comments also may be filed by mail or by fax with the Docket Clerk, 1400 Independence Ave. SW, Room 2069 – South, Washington, DC 20250; Fax: (202) 260-8369. All comments submitted in response to this notice, including the identity of individuals or entities submitting comments, will be made available to the public on the internet via https://www.regulations.gov.
More information about the Standard is available on the AMS website.
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