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. § 66.5

Exemptions

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This part shall not apply to the food and entities described in this section.

(a) Food served in a restaurant or similar retail food establishment.

(b) Very small food manufacturers.

(c) A food in which no ingredient intentionally contains a bioengineered (BE) substance, with an allowance for inadvertent or technically unavoidable BE presence of up to five percent (5%) for each ingredient.

(d) A food derived from an animal shall not be considered a bioengineered food solely because the animal consumed feed produced from, containing, or consisting of a bioengineered substance.

(e) Food certified under the National Organic Program.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2022–2025 · leading case: Nat. Grocers v. Perdue, No. 3:20-cv-05151 (N.D. Cal. Sept. 13, 2022).
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Nat. Grocers v. Perdue, No. 3:20-cv-05151 (N.D. Cal. Sept. 13, 2022). · cites it 2× “at 65818-19, 65826; 7 C.F.R. §§ 66.5 , 66.6, 66.9; see also Dkt.”
Nat. Grocers v. Brooke Rollins, 157 F.4th 1143 (9th Cir. 2025). · cites it 2× “Instead, the AMS invoked its discretionary authority under § 293(b)(2)(B) only in a separate section of the regulations, in which it set “an allowance for inadvertent or technically unavoidable [bioengineered] presence of up to 5% for each ingredient, 7 C.F.R. § 66.5 (c)…”
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