Can You Label Your Food Non-GMO? The Rules
Shoppers look for non-GMO, so it is a tempting badge to add. Here is the surprising part: the government does not define the words non-GMO at all, and the one rule that does exist, the bioengineered disclosure standard, exempts most small food sellers. Here is what you can honestly put on your label.
Bioengineered is the regulated term, not non-GMO
The USDA runs the National Bioengineered Food Disclosure Standard under 7 CFR Part 66, mandatory since January 1, 2022. It tells companies when they have to disclose that a food is bioengineered, using plain text, a symbol, a phone or text option, or a scannable link. It does not define or govern the words non-GMO, which is a separate, voluntary claim.
Most home and small sellers are exempt
The disclosure rule exempts very small food manufacturers, those with less than 2.5 million dollars in annual receipts, and it exempts restaurants and similar food service. Foods certified organic are exempt too, since organic already prohibits bioengineering. In practice a cottage or small-batch seller almost never has to make a bioengineered disclosure at all.
Non-GMO is a voluntary claim you have to back up
Because no federal rule defines non-GMO, using it is a voluntary claim, and like any claim it has to be truthful and not misleading. Many sellers who want a credible badge use a third-party program like the Non-GMO Project, which verifies the product against its own standard. That verification is private, not a government approval, and it is a different thing from the USDA bioengineered rule.
What Nutripane does and does not do
Nutripane formats your label, the panel, ingredient list, and allergen line. It does not verify GMO status or manage a bioengineered disclosure, because that depends on your ingredients and sourcing, not the label layout. Use non-GMO only when you can stand behind it, and check the current USDA rule if you think disclosure might apply to you.
Questions
Do I have to label my food if it has GMO ingredients?
Usually not, if you are a small seller. The USDA bioengineered disclosure rule exempts very small food manufacturers with under 2.5 million dollars in annual receipts, along with restaurants and certified organic foods. Larger companies have to disclose bioengineered foods, but most home and small-batch sellers fall under an exemption.
Can I just write non-GMO on my label?
You can, because no federal rule defines the term, but it is a voluntary claim that still has to be truthful and not misleading. If you want a credible badge, many sellers use a third-party verification like the Non-GMO Project rather than making the claim on their own.
Keep reading
This page is general information, not legal advice. Cottage food and food labeling rules vary by state and change over time. Confirm current requirements with your state's cottage food program and the FDA before you sell. See your state's rules or how to label your product.