Bioengineered Food Labels Are About to Cover a Lot More Products

If you make packaged food in the U.S., you already know the Bioengineered (BE) food disclosure rule, the label, symbol, or on-pack statement that tells shoppers a product is made with bioengineered ingredients. It has worked essentially the same way since 2018. The disclosure framework is changing, and the new rules could bring products that are exempt today into scope.

What the court decided

In Natural Grocers v. Rollins, decided in October 2025, the Ninth Circuit found two problems with USDA’s rule.

First, the highly refined foods exemption. Under the current rule, if a food is refined to the point that modified genetic material can no longer be detected, as with beet sugar or soybean oil, it doesn’t have to be disclosed. The court disagreed with that logic. The law asks whether a food contains bioengineered material, and the court interpreted the law to mean whether the material is actually there, not whether a lab test can detect it.

Second, QR codes and text-message numbers. Today a company can satisfy the rule with a scannable code or a “text this number for more food information” line without additional on-pack disclosure. The court found those options don’t give shoppers meaningful access to the information.

One thing the court left alone: the word itself. USDA can keep requiring “bioengineered” instead of “GMO” or “genetically engineered,” so that terminology on your packaging isn’t changing.

What happens, and when

In August 2026, the district court handling the case set a firm date: the non-detectability exemption, the digital link option, and the text message option to stop having legal effect on January 1, 2028. USDA requested an additional year for the disclosure-method provisions, but the court denied that request.

Until that date, the affected disclosure provisions remain available under the current rule. The current rule still stands: the refined-foods exemption is still available, and QR codes and text numbers are still valid disclosure methods. USDA’s Agricultural Marketing Service (AMS) has both replacement rulemakings on its regulatory agenda: a proposal on the definition side was targeted for late summer 2026, with a second proposal on disclosure methods expected in spring 2027.

There is one wildcard worth watching. The court confirmed AMS still has authority to set a threshold for the amount of bioengineered material below which disclosure isn’t required. A threshold is a different mechanism from the detectability exemption that was struck down. Where AMS sets the threshold will largely determine how many of your products actually need a disclosure. If you plan to comment on anything, focus on the threshold.

Which products are most affected

The products in scope are the ones built on refined ingredients from crops on the List of Bioengineered Foods: beet sugar, soybean and canola oil, corn syrup and other corn sweeteners, starches, and some lecithins and flavor carriers. Many of these carry no BE disclosure today because of the refined-foods exemption. When that exemption goes away, the disclosure analysis changes.
The change also affects how you prove your position. Once detectability no longer decides the question, lab testing becomes less important, and supplier documentation becomes more important. Sourcing records, affidavits, and identity-preserved documentation are what will play a larger role in supporting your position.

What to do now

Start with an inventory, not with artwork. Identify which SKUs are undisclosed today only because of the refined-foods exemption. The list gives you a starting picture of your exposure. Then confirm crop sourcing with your suppliers and make sure the paperwork behind it is current and retrievable.

Separately, flag every product whose disclosure runs through a QR code or a text number. Products using these disclosure methods will need on-pack text, the BE symbol, or another approved disclosure method. The transition means planning for label real estate, artwork revisions, and working through existing packaging stock.

Packaging lead times are one reason January 2028 can be misleading as a planning date. Between artwork cycles, printer lead times, and packaging already sitting in a warehouse, most companies need to make label decisions a year or more ahead of a compliance date. The practical runway is 2027, not 2028.

In the meantime, AMS has a routine information-collection notice open for comment through November 13, 2026, and is separately reviewing whether to add new crops to the BE list. Both are worth tracking alongside the main rulemaking.

Have questions about where your portfolio stands? FoodChain ID’s SARA team can help you scope the exposure and build the documentation trail before the proposals land.