IDFA learned today that the administration has responded positively to industry requests for harmonization of the compliance dates for the National Bioengineered Food Disclosure Standard and revisions to the Nutrition Facts label. According to announcements from the U.S. Department of Agriculture and the Food and Drug Administration, the new compliance date for most companies making these label changes would be January 1, 2020.

National Bioengineered Food Disclosure Standard

USDA’s Agricultural Marketing Service today released the proposed rule on the National Bioengineered Food Disclosure Standard. It includes a suggested compliance date of January 1, 2020. It would require companies selling bioengineered foods or foods containing bioengineered (BE) ingredients to share that information with consumers in a uniform manner.

In the proposed rule, AMS is soliciting comment on many topics, such as whether highly refined ingredients should be disclosed, possible symbols for disclosure and the impact the regulation will have on international trade. The proposed rule also clearly reiterates the statutory exemptions for ingredients derived from an animal that was fed BE substances and foods certified under the National Organic Program

IDFA is currently reviewing the 106-page proposed rule with its regulatory and Genetic Engineering (GE) labeling committee members and will provide a more detailed summary soon.

Read the proposed rule here.

The comment period for the proposed rule ends on July 3, 2018. AMS indicated that comments submitted in response to this proposed rule would be critical in the development of a final rule, and IDFA will submit comments with input from members.

Final Rule for Nutrition Facts Label

Also today, FDA issued a final rule to extend the Nutrition Facts label compliance dates from July 26, 2018, to January 1, 2020, for manufacturers with $10 million or more in annual food sales. Manufacturers with less than $10 million in annual food sales will receive an extra year to comply, and that date will be January 1, 2021. The agency published a proposed rule to extend the compliance date in September 2017, and this rule finalizes that extension.

FDA said it recognized the need for manufacturers to have additional time to make required changes based on comments from stakeholders.  

“Our members representing milk, yogurt, cheese, ice cream and dairy ingredient manufacturers who are responsible for making the changes to their product’s labels greatly appreciate that FDA has extended the compliance date for the new Nutrition Facts Labeling,” said Cary Frye, IDFA senior vice president of regulatory affairs, in a statement to FDA. “Although IDFA had requested an extension until July 1, 2020, the announcement to align with USDA’s proposed bioengineered food disclosure compliance date will be helpful for processors, allowing them only to make changes to a label once.”

For more information:

Members with questions may contact Frye at cfrye@idfa.org.