AMS Releases Draft Instructions on Testing Methods for the National Bioengineered Food Disclosure Standard

Hogan Lovells

The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has released Draft Instructions on Testing Methods (Draft Instructions) for use in compliance with the National Bioengineered Food Disclosure Standard (NBFDS). The document provides guidance on the selection of a test method that may be used to ascertain that a highly refined food or ingredient does not contain detectable modified genetic material and therefore does not require disclosure that the food is bioengineered. The Draft Instructions address selecting a test method that is “fit for purpose”; current DNA-based test methods; emerging technology; selection of a test laboratory; and recordkeeping requirements. Comments on the Draft instructions are due by March 4, 2020, and must be submitted to Docket Number AMS-FTPP-19-0112.

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