The Non-GMO Project believes the USDA chose “bioengineered” rather than the much more familiar term “GMO” to distance labeled products from the overwhelming consumer rejection of GMO foods. Twice as many shoppers are familiar with the term "GMO" as they are with "bioengineered" — a new term that does not yet appear in the USDA’s Agricultural Biotechnology Glossary.

No. The USDA’s labeling law includes many exemptions, meaning many foods derived from GMOs will not be labeled. For example, nearly all heavily-refined ingredients will be exempt. Many products that contain meat or eggs will be exempt. Foods produced by certain small manufacturers will be exempt. Food that comes from animals on a GMO diet will not be labeled. Pet food, animal feed, alcohol, household goods and personal care items are entirely exempt. The absence of a BE disclosure does not necessarily mean the absence of GMOs.

Some animal-derived foods require a BE label and some do not. However, this is not determined by the type of feed an animal receives. Seafood is currently subject to labeling requirements, while meat, poultry and eggs are exempt. GMO animal feed sold as a finished product will not be subject to the labeling law either.

Meats and eggs are exempt from labeling requirements. However, some multi-ingredient foods that contain meat or eggs will require a disclosure. If a food has multiple ingredients and meat (but not seafood) or egg is the first ingredient, it is exempt even if other ingredients come from GMOs. If meat or egg is the second ingredient and the first ingredient is not water or stock, the product would require a disclosure.

Many foods made with new genomic techniques (NGTs) will not require disclosure, but some will. The BE food labeling law looks at detectable modified DNA in the final food product, regardless of the type of genetic engineering used in its creation. Many NGTs (GMOs made from new genomic techniques) are not yet testable, and if modified DNA cannot be detected in a product, it will not require disclosure.

The BE food labeling law does not directly consider a product's degree of processing. However, the law does consider whether a finished product contains detectable modified DNA, which can be impacted by the degree of processing. Food products with highly processed ingredients, such as cooking oil from GMO canola or sugar from GMO beets, do not require a BE disclosure because the processing does not leave enough intact DNA for accurate testing.

All three possible text disclosures mean a food contains at least one GMO ingredient; the difference is how many ingredients might be GMOs and whether those ingredients or their manufacturer are covered under the BE food labeling law.

• “Bioengineered food” applies to single-ingredient GMO foods and foods for which every ingredient is a GMO risk. 
• "Contains a bioengineered food ingredient" applies to multi-ingredient foods with some ingredients that are or could be GMOs and some that are not on the USDA's List of Bioengineered Foods. For example, a cheese alternative containing GMO soy and olive oil (which could not be from a GMO).
• “Derived from bioengineering” indicates voluntary labeling, and may appear when a disclosure is not required by law but the manufacturer wishes to offer information to the consumer.

The BE food labeling law only applies to food products for human consumption. BE labels do not appear on personal care products, clothing, cleaning products, or packaging, regardless of whether these products are made with GMOs.

No. Most commercial pet foods contain GMOs and animal products from animals fed a GMO diet. Look for the Butterfly to keep GMOs out of your pet's food bowl.

Brands can use electronic methods to disclose GMOs instead of symbols or plain text. If they choose a telephone number, it must be available 24/7. The manufacturer cannot charge you for text messages, but your cell carrier still can. If the manufacturer chooses a web page, the disclosure must be on the first page and it cannot contain advertisements or promotional materials.

Unfortunately, some people without reliable internet or cell access may be prevented from finding the information they need in a timely manner.

The BE food labeling law is unclear on this issue. While the law states that electronic links may not "collect, analyze, or sell any personally identifiable information about consumers or the devices of consumers," it also says that if such information is collected, it "must be deleted immediately and not used for any other purpose."

Only soup number one would be subject to disclosure because the second ingredient is corn — a bioengineered food sourced from a GMO.

Multi-ingredient foods with meat as the first ingredient are exempt (except for seafood, rabbit and venison), regardless of whether an animal was given GMO feed. Water, stock, and broth don’t count. Soup number two does not get a label because stock doesn't count, and chicken, the second ingredient, is exempt. Soup number three does not get a label for the same reason, even though it lists the non-exempt ingredients in the broth separately.

Trick question! Number two would be labeled, but only if the genetically modified DNA in the cornstarch or flavoring is detectable after processing. 

While products with seafood as the first ingredient are subject to labeling, catfish is not, so product number one is exempt. Product number three contains three types of seafood, which are subject to labeling, but it contains more chicken filler than pollock, so it is exempt, too.

It’s impossible to say for certain, but probably none of these. The GMOs in all three chocolates are highly refined ingredients that may or may not contain testable DNA. The BE Food labeling law only requires disclosure if there is detectable modified DNA in the finished product. The sugar and canola oil don't contain enough intact DNA for accurate testing. The soy lecithin could possibly contain detectable modified DNA in some circumstances but not others, depending on how it is processed.

Unfortunately, this policy keeps consumers guessing.