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BIOENGINEERED STANDARD

BIOENGINEERED STANDARD

Effective January 1, 2022, the US Department of Agriculture (USDA) has issued a new national mandate for the disclosure of bioengineered (BE) ingredients in food. This new standard requires food manufacturers, importers, and certain retailers that make and label food, to properly disclose BE foods and foods containing BE food ingredients. 

Please note that although “bioengineered” is synonymous with other commonly used terms such as genetically modified organism (GMO), the standard requires the use of the term “bioengineered”.

As your valued partner, we want to assist you in complying with the Standard, if it applies to you and your business. Calico Cottage has obtained information from the USDA to gain clarity on exemptions and what they mean for your business. There are several exemptions included in the standard. Of these, two of the exemptions may be relevant to you.

EXEMPTIONS THAT MAY APPLY TO YOUR BUSINESS
(1) Food served in a restaurant or similar retail food establishment.

A similar retail food establishment includes food establishments serving ready-to-eat foods that are consumed on or outside of a retailer’s premises.
 
Fudge that is served to order would qualify for this exemption because it would be reasonable to expect that the fudge would be consumed shortly after purchase and therefore is properly considered as ready-to-eat food that is exempt from the Standard.

Does the BE requirement impact prepacked fudge?

 

Yes. Prepackaged fudge is subject to the Standard.

(2) Very small food manufacturers. (Annual receipts of less than $2.5 million)

A retailer that has less than $2.5 million in gross annual total sales (including fudge), would qualify for the very small food manufacturers exemption and would not be required to make a BE disclosure.

DETAILS ON THE REGULATION

For complete details about the Standard and exemptions please refer to the National Bioengineered Food Disclosure Standard found at:
www.ecfr.gov
- In the search box labeled Go to CFR Reference, type in: 7 CFR 66
CLICK TO GO TO WWW.ECFR.GOV  

PROPER LABELING
If I am a regulated entity, how must I make the disclosure to show that my food is bioengineered or includes bioengineered food ingredients.

○ The disclosure may be made using one of four different methods: (1) text, (2) symbol, (3) electronic or digital link, or (4) text message.

○ In this case, the text disclosure is “contains bioengineered food ingredients.”

○ A symbol disclosure is:

     This is an example of the USDA Bioengineered logo.


○ Prepacked product should always be labeled with the name of the product, nutrition facts, ingredients, etc. Enclosed is an example of proper labeling that you can use as a guideline for disclosing BE.

○ The electronic or digital disclosure must include a statement such as “Scan here for more food information” and must be accompanied by a telephone number and the statement “Call [1-000-000-0000] for more food information.” When accessed, the electronic or digital link must include the bioengineered food disclosure (text or symbol) on the first screen a consumer sees on the electronic or digital device.

○ The text message disclosure must include the statement “Text [command word] to [number] for bioengineered food information.” When used, the number must immediately send a response to the consumer’s mobile device with the bioengineered food disclosure.

○ Small food manufacturers (< $10,000,000 annual receipts) may make the disclosure using a telephone number or URL and the statement “Call/visit [phone number/website] for more food information."

○ The Standard includes reasonable accommodations for disclosure on foods in small and very small packages, including a shortened statement accompanying disclosures made by text message and electronic or digital disclosure.

SAMPLE LABEL

WHAT IS THE OVERALL RISK IN NOT COMPLYING?

While the USDA does not have the authority to issue a recall or impose civil penalties for violation of the Standard, they have regulatory authority to investigate potential violations and publicly publish the results of their findings, which could expose your business to private litigation.

CALICO PRODUCTS

Calico has been and will continue to work with our suppliers to identify BE and non-BE ingredients to help you prepare and comply with these new regulations.

We understand that this new Standard can be confusing, but you can rest assured that as a true reliable partner, Calico is here to help. Please contact our wonderful Customer Care Team for assistance with any questions you have. Go to BE Disclosure | Agricultural Marketing Service (usda.gov) for more information on this Standard.

 
 CALICO PRODUCTS THAT CONTAIN BE INGREDIENTS:

 

* Note: Calico has been and will continue to work with our suppliers to identify BE and non-BE ingredients to help you prepare and comply with these new regulations.This list is updated regularly and is not meant to be considered an exhaustive list of BE products. 

PRODUCT NAME
PRODUCT ID
CHOCOLATE FUDGE MIX(28 LB NET WT) EP1000001
PLAIN FUDGE MIX(28 LB NET WT) EP1000002
PENUCHI FUDGE MIX(28 LB NET WT) EP1000003
MILK CHOCOLATE FUDGE MIX(28 LB NET WT) EP1000004
REDUCED SUGAR PLAIN FUDGE MIX(19.2 LB NET WT) EP1000005
DIVINITY/NOUGAT FUDGE MIX(22.8 LB NET WT) EP1000006
REDUCED SUGAR CHOC FUDGE MIX(19.2 LB NET WT) EP1000008
SUGAR FREE CHOCOLATE FUDGE MIX EP1000009
SUGAR FREE PLAIN FUDGE MIX EP1000010
CASHEW NUT MIX(22.5 LB NET WT) EP1400001
ALMOND NUT MIX(22.5 LB NET WT) EP1400002
PECAN NUT MIX(20 LB NET WT) EP1400003
COCONUT DOUGH SLABS (2 SLABS/BOX) EP2200025
VANILLA FLAVOR, CUSTOM-FORMULATED-FOR-FUDGE
(16 OZ./BOTTLE)
EP2000040
VANILLA FLAVOR, CUSTOM-FORMULATED-FOR-FUDGE
(32 OZ./BOTTLE)
EP2000007
MAPLE FLAVOR (8 OZ./BOTTLE) EP2000009
WHIPPING AGENT (15 LB NET WT) EP2200004
BUTTERSCOTCH FLAVOR (4 OZ./BOTTLE) EP2000003
BUTTERFINGER® PIECES (3 LB/BAG) EP2200024
CHOCOLATE CRUNCH (CANADA) (2.5 LB NET WT) EP2200093
CHOCOLATE CRUNCH US ONLY (2.5 LB/BAG) EP2200078
CHOCOLATE CHIP COOKIE DOUGH US ONLY (4 LB/BAG) EP2200080
CHOCOLATE CHIP COOKIE DOUGH US ONLY (30 LB) EP2200094
BLUEBERRY MASH (4 OZ./JAR) EP2000043
MINI MARSHMALLOWS (1 LB/BAG) EP2200097
MINI MARSHMALLOWS (1 LB/BAG/12 CS) EP2200098
BUTTER PECAN FLAVOR (8 OZ./BOTTLE) EP2000024
NATURAL VANILLA FLAVOR (32 OZ./BOTTLE) EP2000064
PEANUT BUTTER CHIPS (1 LB/BAG)  EP2200009
PEANUT SLABS (3 SLABS/BOX) EP2200039
PEANUT SLABS (3 SLABS/BOX-6 BOXES) EP2200067
CARAMEL LOAF PETERS (5 LB/BOX) EP2200019
CARAMEL LOAF PETERS 5 LB LOAF (6/CASE) EP2200052
PRALINE SLABS (3 SLABS/BOX) EP2200018
PRALINE SLABS (9 SLABS/CASE) EP2200051
PRALINE SLABS MASTER PK(3 SLABS/BOX) EP2200066
RASPBERRY MASH (1 LB/JAR)  EP2000045
COLORED SPRINKLES (4.5 LB/BAG)  EP2200082
COCONUT DOUGH SLABS (2 SLABS/BOX) EP2200025
STRAWBERRY MASH (1 LB/JAR)  EP2000046
SKOR BITS (3 LB BAG) EP2200006
HEATH ENGLISH TOFFEE PIECES (5 LB NET WT) EP2200023
VIOLET GEL COLOR (10.5 OZ NET WT) EP2100001
RED GEL COLOR (10.5 OZ NET WT) EP2100017
ROYAL BLUE GEL COLOR (10.5 OZ NET WT) EP2100018
* ALL CALICO TAFFY ASSORTED