Understanding Non-GMO Labeling

Non-GMO labeling has become an important topic for food manufacturers, driven by consumer demand for transparency about how food is produced. The U.S. Food and Drug Administration (FDA) provides guidance for voluntary claims about foods that are not derived from genetically engineered (GE) ingredients, but these claims must meet specific requirements to ensure they are truthful and not misleading. Here's an overview of Non-GMO labeling, regulatory considerations, and certification processes to help you navigate this landscape.

What Does "Non-GMO" Mean?

The term "GMO" stands for "genetically modified organism." However, most foods do not contain entire organisms, so the FDA encourages manufacturers to use alternative statements like "Not Bioengineered" or "Not Genetically Engineered." That said, the FDA does not intend to take action against labels that use the acronym "GMO."

For a "Non-GMO" claim to be valid, manufacturers must maintain documentation proving their product’s ingredients are not produced using genetically modified or bioengineered materials. This can include:

• Certifications or affidavits from farmers, processors, and other entities in the supply chain.
• Third-party certifications, such as USDA Organic or Non-GMO Project Verified.

The USDA and Bioengineered Disclosure Act

The USDA defines bioengineered (BE) foods as those containing detectable genetic material modified through in vitro recombinant DNA (rDNA) techniques. These modifications are considered unattainable through conventional breeding or natural processes.  

Key points about the Bioengineered Disclosure Act include:

• Exemptions: Foods where no ingredient intentionally contains a bioengineered substance are exempt from disclosure, provided the inadvertent or technically unavoidable BE presence does not exceed 5% for any ingredient.
• Organic Ingredients: By definition, organic products are free from bioengineered material and inherently meet Non-GMO criteria.

Disclosure Requirements: For packaged foods, manufacturers or importers are responsible for including BE disclosures on the product label when required. There is no obligation to include this information online or in catalogs, although voluntary disclosures at these points can enhance transparency.

Voluntary Third Party Certification Options for Non-GMO Claims

One of the most recognized Non-GMO certifications is the Non-GMO Project Verified label, known for its butterfly logo. While this voluntary certification process can take 9–12 months, its widespread consumer recognition makes it a valuable option that many brands choose. 

To achieve this certification, applicants must work with one of four approved technical administrators. For example, NSF International provides a structured workflow to guide applicants through the process. Manufacturers can anticipate similar steps with other service providers.

Steps to Take for Non-GMO Labeling

1. Review Your Product: Determine if your product contains bioengineered ingredients or ingredients that may be associated or manufactured with bioengineered ingredients. Your product may qualify for a Non-GMO claim by reviewing ingredient sourcing and processing methods.
2. Document Your Supply Chain: Collect certifications, affidavits, and any other documentation proving the absence of bioengineering.
3. Determine if Your Brand would like to Pursue a Voluntary Certification Path: Decide whether to pursue USDA Organic, Non-GMO Project Verified, or another third-party certification based on your product’s target market, budget and timeline.
4. Work with Technical Administrators or Consultants: If applying for Non-GMO Project Verified certification, partner with a technical administrator to streamline the application process.  ‍
5. Consider BE Disclosure Requirements: If your product does not meet Non-GMO criteria, ensure compliance with the Bioengineered Disclosure Act.

Why Non-GMO Labeling Matters

Consumers increasingly look for clear and accurate labeling to make informed choices about the foods they buy. Non-GMO labels provide an opportunity for brands to demonstrate commitment to transparency and align with consumer values. By understanding the regulatory framework and leveraging trusted certification programs, manufacturers can confidently communicate their product’s attributes to the market.

For further information on voluntary GE labeling, refer to the FDA’s guidance document, or contact us for more information.