C.F.R. » Title 7 » CHAPTER I—AGRICULTURAL MARKETING SERVICE (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE › SUBCHAPTER C—REQUIREMENTS AND STANDARDS UNDER THE AGRICULTURAL MARKETING ACT OF 1946 AND THE EGG PRODUCTS INSPECTION ACT › PART 66—NATIONAL BIOENGINEERED FOOD DISCLOSURE STANDARD › Subpart B—Bioengineered Food Disclosure

7 C.F.R. § 66.108

Text message disclosure

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The regulated entity must not charge a person any fee to access the bioengineered food information through text message and must comply with the requirements described in this section.

(a) The label must include this statement “Text [command word] to [number] for bioengineered food information.” The number must be a number, including a short code, that sends an immediate response to the consumer's mobile device.

(b) The response must be a one-time response and the only information in the response must be the appropriate bioengineered food disclosure described in § 66.102 or § 66.116.

(c) The response must exclude marketing and promotional information.

(d) A regulated entity that selects the text message option must comply with the requirements of this paragraph (d).

(1) The regulated entity must not collect, analyze, or sell any personally identifiable information about consumers or the devices of consumers.

(2) The regulated entity must not use any information related to the text message option for any marketing purposes.

(3) If any information must be collected to carry out the purposes of this part, the information must be deleted as soon as possible and not be used for any other purpose.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: Nat. Grocers v. Brooke Rollins (9th Cir. 2025).
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Nat. Grocers v. Brooke Rollins (9th Cir. 2025). · cites it 2× “at 65828; see also 7 C.F.R. § 66.108 . Moreover, despite finding that the study had shown the electronic or digital link disclosure option to be inadequate, the AMS stated that the rule would nonetheless retain that option, NATURAL GROCERS V.”
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