GMO labeling rules in the EU, UK and US and how they differ
GMO labeling uses "genetically modified" in the EU and UK and "bioengineered" in the US. Compare accidental-presence thresholds and non-GMO claims.
GMO labeling in the EU, UK and US
GMO labeling uses "genetically modified" in the EU and Great Britain, but "bioengineered" in the US. EU and GB rules cover food that contains an authorised GMO, and food produced from one, even when no GM DNA remains. The 0.9% exemption is per ingredient, and only for adventitious or technically unavoidable presence of an authorised GMO. The US rule turns on whether modified genetic material is detectable, with a 5% per-ingredient allowance for inadvertent or technically unavoidable presence. A 2025 court ruling sent the refined-food exclusion back to AMS.
EU rules for labelling genetically modified food
The main law is Regulation (EC) No 1829/2003. Article 12 covers food for final consumers and mass caterers that contains, consists of or is produced from GMOs. Some authorisations add wording where the food differs from its conventional counterpart, or where it raises ethical or religious concerns.
The wording is fixed by Article 13:
- In an ingredients list, "genetically modified" or "produced from genetically modified (name of the ingredient)" goes in brackets after the ingredient, or in a footnote at least as large as the list.
- Where an ingredient is named by category, the label says "contains genetically modified (name of organism)" or "contains (name of ingredient) produced from genetically modified (name of organism)".
- With no ingredients list, "genetically modified" or "produced from genetically modified (name of organism)" must appear clearly on the labelling.
- Loose food, and packs whose largest surface is under 10 cm², show it permanently and visibly on or next to the display, or on the packaging.
The 0.9% threshold
Article 12(2) exempts GM material at no more than 0.9% of each ingredient, not of the finished food, if the presence is adventitious or technically unavoidable. But a GM ingredient you add on purpose needs a label even at 0.5%. Under Article 12(3), you must show the authorities the steps you took to avoid GM material.
"Produced from" versus "produced with"
EU labeling turns on whether a food is produced from a GMO, not on whether GM DNA can still be found. Recital 16 of 1829/2003 draws the line. Food made with a GM processing aid is out of scope. So are meat, milk and eggs from animals fed GM feed. Refined soybean oil or glucose syrup produced from a GM crop stays in scope, even with no GM DNA left.
Feed and traceability
Articles 24 and 25 apply the same 0.9% adventitious exemption to feed and each feed of which it is composed. Put the wording on the packaging, a label or an accompanying document.
Regulation (EC) No 1830/2003 covers the supply chain. At each stage, operators pass on in writing that a product contains or consists of GMOs, plus each event's unique identifier. For products produced from GMOs, they pass on each ingredient made from GMOs. Keep supplier and customer records for five years from each transaction. Products that contain GMOs carry "This product contains genetically modified organisms" or "This product contains genetically modified [name of organism(s)]". Traces at or below the applicable thresholds are exempt if adventitious or technically unavoidable.
US bioengineered food labeling
Public Law 114-216 created the standard and stops states from imposing GE food or seed labeling requirements that differ from it. USDA's Agricultural Marketing Service administers 7 CFR Part 66. Compliance has been mandatory since 1 January 2022.
What needs a disclosure
The definition in §66.1 excludes food in which the modified genetic material is not detectable. You can show that with records of a non-BE source, a validated refining process or testing (§66.9). Under the 2016 statute, bioengineering means genetic material modified through in vitro recombinant DNA techniques, where the change could not otherwise be obtained by conventional breeding or found in nature. Part 66 covers human food only, not animal feed.
The List of Bioengineered Foods covers alfalfa, Arctic apple, canola, corn, cotton, BARI Bt Begun eggplant, ringspot virus-resistant papaya, pink flesh pineapple, potato, AquAdvantage salmon, soybean, virus-resistant summer squash, sugarbeet and Bt sugarcane. Sugarcane was added in 2023, with a compliance date of 23 June 2025. Later List changes must show on labels within 18 months. If you know a food is bioengineered, you must disclose it even if it isn't on the List (§66.109).
Section 66.5 exempts:
- restaurants and similar retail food establishments
- very small food manufacturers with annual receipts under $2.5 million
- inadvertent or technically unavoidable BE presence up to 5% per ingredient
- food from animals just because they ate BE feed
- food certified under the National Organic Program
Meat, poultry and egg products are covered only in narrow cases. The most predominant ingredient must itself be FDA-regulated. If that ingredient is broth, stock or water, assess the second ingredient instead.
How to disclose
Use "Bioengineered food" or "Contains a bioengineered food ingredient" (§66.102), or the BE symbol. The printed rule also lists a QR code or digital link with a phone number, and a text message option. Both are subject to the court order below. Small food manufacturers may also use "Call for more food information" or a website (§66.110), which the court order below does not cover. Food that needs no disclosure, such as many refined ingredients, may carry a voluntary "derived from bioengineering" statement (§66.116).
Keep records for at least 2 years after retail sale and hand them to AMS within 5 business days of a request. USDA has no recall power or civil penalties under this standard (final-rule explanation).
The court case that is changing the rule
On 31 October 2025 the Ninth Circuit decided Natural Grocers v. Rollins. It held that AMS's general exclusion of highly refined foods was legal error, remanded that point to AMS, and left the district court to decide on vacatur. It upheld "bioengineered" and told that court to prospectively vacate the QR and text-message options.
The 2026 Unified Agenda lists a Court Remand rule, but as of 8 October 2026 no proposal had been published and the eCFR text is unchanged. So for a new label, use on-pack text or the symbol, and check AMS before you rely on a QR code.
UK GMO labelling
Great Britain kept assimilated Article 12, Article 13 and 1830/2003 Article 4: the same 0.9% threshold, wording and traceability duties. FSA guidance says GM-derived flour, cooking oils and glucose syrups must be labelled. Cheese made with GM enzymes does not need a GM label. Loose GM food needs a notice next to it.
GB authorises GMOs separately, so an event can be approved in GB and not the EU, or the reverse. Northern Ireland follows EU rules.
In England, the Precision Breeding Regulations 2025 (in force 13 November 2025) take precision bred plants out of GM labelling and traceability. They add no consumer label. PB food still needs an FSA marketing authorisation. This may change again. Defra says the UK plans to align with EU GMO rules under the SPS agreement by mid-2027. Precision breeding is still in that negotiation.
EU, UK and US compared
| EU | Great Britain | US | |
|---|---|---|---|
| Label term | "genetically modified" | "genetically modified" | "bioengineered" |
| Accidental-presence tolerance | 0.9% per ingredient | 0.9% per ingredient | 5% per ingredient |
| GM-derived refined oils and syrups | labelled | labelled | not BE if undetectable (under remand) |
| Products from GM-fed animals | no label | no label | not BE |
| Feed | covered | covered | not covered |
| Restaurants and caterers | mass caterers covered | mass caterers covered | exempt |
| Small business exemption | none | none | under $2.5M receipts |
| Gene-edited plants | NGT-1: no consumer GM label from 17 July 2028 | England: no GM label since 13 Nov 2025 | not BE if conventional breeding or nature could produce the change |
Gene-edited plants in the EU
Regulation (EU) 2026/1388 applies from 17 July 2028. Category 1 NGT plants then fall outside GMO rules, so they get no GM consumer label. Herbicide-tolerant plants stay out of category 1. Their seeds must say "NGT-1", and they can't be used in organic production. Category 2 plants stay under GMO labeling. Until that date, today's GMO rules still apply.
Non-GMO labeling and "GM free" claims
In the EU there is no harmonised rule. The Commission allows voluntary "GM-free" labels as long as they don't mislead. Regulation (EU) No 1169/2011 also bans suggesting a food is special by stressing the absence of an ingredient when all similar foods lack it. Being under 0.9% only removes the duty to label. It does not make a food GM free.
National schemes are stricter. Germany's "Ohne Gentechnik" bars any food ingredient that would need a GM label, and it does not allow the 0.9% exemption for those ingredients. France's "sans OGM" allows at most 0.1% adventitious presence in plant ingredients.
In the US, the 2016 law says a food isn't "non-GMO" just because it needs no BE disclosure. USDA organic certification is enough to support the claim, since organic rules ban recombinant DNA methods. FDA guidance suggests wording like "not bioengineered" and advises against "GMO free", because "free" implies zero. For meat, poultry and egg products, FSIS approves non-GMO claims only with third-party certification, and names the Non-GMO Project as an example. The "Non-GMO Project Verified" label is a private certification mark, not a government label. RegAffairs AI's answer on GMO labeling links to the source documents for these rules.