Q. What are a retailer’s responsibilities under the Standard?
- Retailers are responsible for ensuring that (1) foods packaged by the retailer and (2) foods sold in bulk containers or bulk displays comply with the Standard. For these foods, retailers have the same recordkeeping requirement as all other regulated entities under the Standard.
Q. Are foods prepared by a retailer subject to the Standard (i.e. baked goods, grab-n-go items, hot bar items, etc.)?
- A retailer that prepares and sells restaurant-type foods—which are those usually eaten on the premises, while walking away, or soon after arriving at another location—do not need to make a bioengineered food disclosure on restaurant-type foods. A retailer that prepares all other types of foods is subject to the requirements of the Standard and must make appropriate bioengineered food disclosures. For example, individual bagels prepared and sold by a retailer would not be subject to the Standard, but a package of six bagels prepared and sold by a retailer would be subject to the Standard.
Q. Are bulk foods subject to the Standard?
- Yes, bulk foods are subject to the Standard and must be disclosed using one of the four disclosure methods (text, symbol, electronic or digital, text message). The disclosure must be placed on signage or other materials on or adjacent to the bulk container.
Q. Are places such as fish markets, farmers markets and butcher shops subject to the NBFDS?
- If a fish market, a farmers market, or a butcher shop sells a bioengineered food that is not otherwise exempt, then the food must be labeled according to the Standard. If one of these entities operates in a manner that would make it a restaurant or similar retail food establishment, then the entity would be exempt.
Q. What are an importer’s responsibilities under the Standard?
- Importers are responsible for ensuring that all imported bioengineered foods comply with the Standard. For imported foods, importers have the same recordkeeping requirements as all other regulated entities under the Standard.