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 A—General Provisions

7 C.F.R. § 66.3

Disclosure requirement and applicability

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(a) General. (1) A label for a bioengineered food must bear a disclosure indicating that the food is a bioengineered food or contains a bioengineered food ingredient consistent with this part.

(2) Except as provided in § 66.116 for voluntary disclosure, a label shall not bear a disclosure that a food is a bioengineered food or contains a bioengineered food ingredient if the records maintained in accordance with § 66.302 demonstrate that the food is not a bioengineered food or does not contain a bioengineered food ingredient.

(b) Application to food. This part applies only to a food subject to:

(1) The labeling requirements under the Federal Food, Drug, and Cosmetic Act (“FDCA”); or

(2) The labeling requirements under the Federal Meat Inspection Act, the Poultry Products Inspection Act, or the Egg Products Inspection Act only if:

(i) The most predominant ingredient of the food would independently be subject to the labeling requirements under the FDCA; or

(ii) The most predominant ingredient of the food is broth, stock, water, or a similar solution and the second-most predominant ingredient of the food would independently be subject to the labeling requirements under the FDCA.

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). “In its regulations establishing the required “national mandatory bioengineered food disclosure standard,” the AMS generally mandated a disclosure label only for a “food [that] is a bioengineered food or contains a bioengineered food ingredient,” 7 C.F.R. § 66.3 (a)(1), and the…”
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