USDA AMS Regulation for Bioengineered Foods Goes Into Effect January 1, 2022

The USDA AMS rule called the National Bioengineered Food Disclosure Standard went into effect on January 1, 2022 and requires food manufacturers, importers, and other entities that label foods for retail sale to disclose information about BE food and BE food ingredients.  There are two  labels for products both circular green with either "bioengineered" or "derived from bioengineering."*.  No usage of GMO or genetically modified.  (*There are different forms of disclosure depending on company size).

"The amended Act defines “bioengineering” with respect to a food as referring to a food “(A) that contains genetic material that has been modified through in vitro recombinant deoxyribonucleic acid (DNA) techniques; and (B) for which the modification could not otherwise be obtained through conventional breeding or found in nature.”"

Note that foods in which the modified genetic material is not detectable are not bioengineered foods (ie. Records verify the food is made from a non-bioengineered food; Records verify that the food has been refined using a process validated to render the modified genetic material undetectable; or Testing records for the specific food confirm the absence of detectable modified genetic)

Foods covered by Federal Meat Inspection Act, PIA, EIPA where those foods are the primary ingredient in the food, outside of water, are not subject to the rule.

List of items that may be of bioengineered material

• Alfalfa
• Apple (ArcticTM varieties)
• Canola
• Corn
• Cotton
• Eggplant (BARI Bt Begun varieties)
• Papaya (ringspot virus-resistant varieties)
• Pineapple (Pink flesh varieties)
• Potato
• Salmon (AquAdvantage®)
• Soybean
• Squash (summer)
• Sugarbeet

Exemptions

1. Threshold: Allows each ingredient to contain up to five percent of a BE substance, as long as it is 

inadvertent or technically unavoidable

2. Animals fed bioengineered feed (foods subject to Federal Meat Inspection Act, PIA, EIPA)

3. Food certified under the National Organic Program

I found this video pretty helpful - Webinar: Overview of the National Bioengineered Food Disclosure Standard December 2020 - YouTube  It discusses additional aspects including enforcement and labeling options.

Washington Post
https://www.washingtonpost.com/business/2022/01/01/usda-bioengineered-food-rules
The USDA’s new labeling for genetically modified foods goes into effect Jan. 1. Here’s what you need to know.
The agency has done away with familiar terms like ‘GMOs’ and has built in loopholes for tiny producers, and foods made with meat and eggs

By Laura Reiley
January 1, 2022 at 6:00 a.m. EST

Starting Jan. 1, labels at the grocery store are about to get a makeover on foods that have been genetically modified.

The goal was to get rid of the patchwork of different labels for foods and ingredients that have been scientifically tinkered with, according to the U.S. Department of Agriculture. However, the move also puts a greater burden on consumers to do their homework to understand what the labels mean, food advocates say.

Foods that previously were labeled as containing “genetically engineered” (GE) ingredients or “genetically modified organisms” (GMOs) will now be labeled as “bioengineered,” or come with a phone number or QR code guiding consumers to more information online.

The changes are part of the USDA’s new rules on controversial modified crops and ingredients. Previous labeling requirements were governed differently on a state-by-state basis. By providing a uniform, national standard for labeling bioengineered foods, “it avoids a patchwork of state labeling regulations,” a USDA spokeswoman said in a statement.