What’s New in Flavor Labeling Regulation

Labeling for organic flavors is more rigorous than for natural flavors. An organic flavor manufacturer must create and affix a lot number to bulk or non-retail packaging, just as with any other flavor. It must also share any non-organic natural flavors that are part of the formula with the certifier and use the word “organic” properly as a modifier. For example, a CPG manufacturer using a blueberry-type flavor with no organic blueberry derivatives in the formula could label it “organic flavor,” but not “organic blueberry flavor.”

When searching for certified organic flavor manufacturers, USDA’s NOP Organic Integrity Database, which lists certified organic operators, is a useful resource. A robust vetting process for flavor manufactures includes asking whether an operator has accurate and accessible documentation with evidence about the identity, purity, strength, and composition of flavor ingredients. Certificates of analysis, environmental certificates, and any import documents are also essential. Gathering insights into the supply chain used for organic flavor ingredients is also important. Supply-chain stability and expertise with logistics will help manufacturers manage any substitutions needed to meet launch schedules. It’s also important to conduct or review onsite inspection results. Whether CPG manufacturers rely on a third party or use their own experienced inspector, verification of compliance with certified organic requirements adds assurance to the flavor company’s NOP listing or website. Finally, you’ll want to assess the availability of R&D teams and organic suppliers for custom flavors and ingredients that meet regulatory requirements.

Certified organic flavor suppliers must meet the same requirements as other organic products. The NOP understands the transition from natural flavors to certified organic flavors is continuous but expects flavor manufacturers to demonstrate their process for finding organic replacements for non-organic natural flavors used in organic products and to show that they’re actively looking for organic alternatives to natural flavor ingredients.

National Bioengineered Food Disclosure Standard

In early July 2020, USDA’s Agricultural Marketing Service (AMS) issued four documents informing manufacturers about the National Bioengineered Food Disclosure Standard (NBFDS). The guidance offers manufacturers insights about the validation and test methods related to refinement procedures and detection of modified genetic materials in foods and beverages. Food and beverage manufacturers have until the end of 2021 to align labeling with the new ruling.

The documentation includes information about the proper determination of test methods, clarifications for limits of detection, terms definitions, and general steps to validate if a genetic modification is undetectable in an ingredient or finished product.

In addition to offering validation guidance, the AMS clarified that the NBFDS is solely for educational purposes and removed sections of the standard that explicitly referenced food safety. Importantly, “regulatory oversight by USDA and other federal government agencies ensures that food produced through bioengineering meets all relevant federal health, safety, and environmental standards.”

USDA defines a bioengineered (BE) food as one that “contains genetic material that has been modified through in vitro rDNA techniques and for which the modification could not otherwise be obtained through conventional breeding or found in nature.”

Notable points of the NBFDS include:

• Disclosure of highly refined foods and ingredients derived from BE crops, such as soy sauce or corn syrup, isn’t required;
• Incidental additives such as enzymes or yeast are exempt from BE disclosure and align with the ingredient declaration requirements under applicable FDA regulations;
• Manufacturers with sales lower than $2.5 million annually and food service providers are exempt;
• Foods certified under the NOP are exempt because the organic certification process already requires manufacturers to prove they aren’t using BE ingredients;
• Foods from animals that consumed bioengineered feed are not considered bioengineered food products;
• Food companies may use one of four options for disclosure on food labels: Text using the words “bioengineered food” or “bioengineered food ingredients”; a symbol with accompanying words; the use of electronic disclosures, such as a hyperlink or QR code, along with a telephone number to call for more food information; or a statement offering a phone number where consumers can send a text message to get the disclosure. Small packages and food sold in bulk receive special exemptions;
• The final BE rule establishes a threshold for the inadvertent or technically unavoidable presence of BE substances of up to 5% for each ingredient; there’s no threshold allowance for any BE presence that is intentional; and
• The compliance date set by USDA for BE disclosure is January 1, 2022.

Consumers use on-package information to understand the health implications of the food and beverages they purchase and eat. Federal law requires the ingredient statement and nutrition facts panel to include essential details about nutritional content, ingredients, and known allergens. Continuing to monitor the regulatory landscape and adhere to flavor and food labeling guidelines will help manufactures maintain consumer trust and build brand loyalty in 2021.