USDA will have to rewrite portions of its 2018 genetically engineered food labeling rule after a federal appeals court said the agency acted unlawfully by excluding certain refined foods from labeling requirements. The Ninth Circuit ruled that foods can still be considered bioengineered even if the genetic material is not detectable through testing. Once USDA revises the rule, more products may be required to carry GE labels. The court also said USDA must clarify that QR codes alone are not enough for labeling access and must provide additional disclosure options. The requirement to use the term “bioengineered” will remain in place. The case now goes back to USDA for a new rulemaking process.
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