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National Law Review
National Law Review
7/20/2026
Timeline for Notice of Proposed Rulemaking for Bioengineered Food Disclosure Standards Published in Unified Agenda

Timeline for Notice of Proposed Rulemaking for Bioengineered Food Disclosure Standards Published in Unified Agenda

Short summary

USDA's 2026 Unified Agenda targets an August 2026 NPRM to revise bioengineered food disclosure regulations after the Ninth Circuit invalidated the detectability exemption and digital/text-message disclosure provisions. Both parties have agreed on a January 1, 2028 vacatur date for the detectability provision, while USDA seeks to delay vacatur of digital and text-message provisions until January 1, 2029. Manufacturers currently using QR codes or text-message disclosures will need to transition to on-label text or symbol disclosures.

  • USDA targets August 2026 NPRM to revise BE food disclosure rules
  • Ninth Circuit invalidated detectability exemption and digital/text disclosure options
  • Parties agreed on Jan 1, 2028 vacatur for detectability provision; USDA wants Jan 1, 2029 for digital/text provisions

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