As a trusted ally to shoppers, food retailers want to provide easily accessible information whenever possible to customers as well as additional information they may be interested in. The National Bioengineered Food Disclosure Standard (NBFDS) established a new standard for disclosure of information to consumers about the BE status of foods.
<p>By: Dana Graber, Regulatory Counsel, Food Marketing Institute<br /> <br /> <img src="https://www.fmi.org/images/default-source/blog-images/nbfds-guide.tmb-large-350-.png?sfvrsn=67dc536e_1" data-displaymode="Thumbnail" alt="NBFDS Guide" title="NBFDS Guide" style="float: right; margin-bottom: 10px; margin-left: 10px;" />The food retail industry often discusses how shoppers crave customization, personalization and digital shopping experiences from their grocers. Consumers want more information about the food they buy, including more about the ingredients in their foods and the disclosure of certain attributes like those derived from bioengineering. </p> <p>As a <a href="http://www.fmi.org/grocerytrends">trusted ally to shoppers</a>, food retailers want to provide easily accessible information whenever possible to customers as well as additional information they may be interested in. The <a href="https://www.ams.usda.gov/rules-regulations/be">National Bioengineered Food Disclosure Standard</a> (NBFDS) established a new standard for disclosure of information to consumers about the BE status of foods. </p> <p>FMI worked alongside industry partners to create a <a href="https://www.fmi.org/docs/default-source/gr/fmi-be-guide.pdf?sfvrsn=308556e_2">compliance guide</a> to help retailers and product suppliers understand and comply with the <a href="https://www.govinfo.gov/content/pkg/FR-2018-12-21/pdf/2018-27283.pdf">NBFDS</a>. The NBFDS was enacted on July 29, 2016, and establishes a uniform approach to the disclosure of bioengineered (BE) foods. Congress passed this law in response to a growing patchwork of state and local requirements, which would have prevented the food industry from using a single product label for national distribution. The 2016 law required the U.S. Department of Agriculture (USDA) to conduct rulemaking to establish a standard requiring disclosure of certain bioengineered foods. USDA’s final rule, which was published in December of 2018, establishes an “implementation date” of January 1, 2020, a voluntary compliance period until December 31, 2021, and a mandatory compliance date of January 1, 2022 (for regulated entities other than small businesses). </p> <p>Although the rule is clear in some respects, certain questions remain making it somewhat difficult for member companies to begin the compliance process early. FMI has continued to meet with USDA’s Agricultural Marketing Service (AMS) staff to address areas needing clarity, such as which foods are covered under the retail exemption, issues regarding digital disclosure, etc. Although the Agency has updated its website <a href="https://www.ams.usda.gov/rules-regulations/be/frequently-asked-questions-national-bioengineered-food-disclosure-standard" title="https://www.ams.usda.gov/rules-regulations/be/frequently-asked-questions-national-bioengineered-food-disclosure-standard">Q and A</a> in some areas, staff has hinted that AMS may release more formal guidance soon. FMI will update its compliance guide as the Agency further clarifies any issues, and plan to continue our dialogue regarding issues that retailers and suppliers are facing as they work towards compliance. </p> <p>Please feel free to continue to send issues and questions to <a href="mailto:
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