USDA BioPreferred Label Clothing: What It Doesn't Cover

What to take away

Who has jurisdiction

The U.S. Department of Agriculture runs the BioPreferred program under section 9002 of the Farm Security and Rural Investment Act of 2002, codified at 7 U.S.C. 8102. The mandatory federal purchasing preference is governed by 7 C.F.R. part 3201; the voluntary labeling program is governed by 7 C.F.R. part 3202. If you want a skeptical look at what bio-based means in textiles, read Reading bio-based fibers. The program covers biobased products sold in the United States, including clothing and textile goods. For apparel brands, the relevant part is the voluntary label. The Federal Trade Commission separately enforces truth-in-advertising rules for environmental claims.

What must be disclosed

A compliant BioPreferred label for clothing must show the USDA mark, the product category, and the biobased content percentage. The percentage is measured by ASTM D6866, a radiocarbon method that distinguishes biobased carbon from fossil carbon. USDA publishes product categories, and clothing appears in textile-related categories. Check the product categories page to see whether a specific clothing item appears.

How certification works

A manufacturer applies through USDA’s BioPreferred Online Labeling System (OLS), identifies the product and category, and submits the required ASTM D6866 test results. USDA reviews the application and, if the product meets its category minimum, approves use of the label. USDA does not charge an application fee; the applicant pays for required testing, with the laboratory setting that cost.

The label does not state the feedstock, such as corn or sugarcane, unless the manufacturer adds that claim separately. A separate guide helps you commit to bio-based fibers with a checklist of points worth confirming.

Records to keep

Manufacturers and private labelers should keep the ASTM D6866 test report for each certified product, the USDA approval letter, and batch or lot records linking production to the certified formulation. USDA may ask for these during audits. Keep records available for the duration of the certification and after the last batch is sold, as specified in the certification terms.

What happens if you do not

If a company puts the USDA BioPreferred label on clothing that does not meet the category minimum, USDA can suspend or revoke the certification. Unauthorized or misleading environmental claims may also draw Federal Trade Commission scrutiny under the FTC Act. The FTC's Green Guides, at 16 C.F.R. part 260, provide guidance on environmental marketing claims; they are not a BioPreferred certification standard.

USDA treats misuse of the BioPreferred mark as a violation of program rules. Consequences can include revocation of certification and referral to federal enforcement.

Before you rely on any single mark, evaluate sustainable fashion with a wider lens.

Where the rules differ by place

The BioPreferred label is federal and applies in all U.S. states. It does not create a private standard for organic textiles. Organic clothing claims fall under the USDA National Organic Program or third-party standards such as the Global Organic Textile Standard.

Some states have their own green marketing statutes. California's Business and Professions Code, for example, prohibits deceptive environmental advertising. A clothing label can carry the BioPreferred mark and still violate a state law if the overall message misleads.

What the label misses

The BioPreferred label does not test for compostability, recyclability, durability, microplastic shedding, chemical safety, or social compliance. A garment made from 80 percent biobased content, for example, can still shed synthetic fibers or contain a harmful finish. Compostability is a separate claim, tested under ASTM D6400 for compostable plastics, not by BioPreferred. Bio-based polyester may carry the label, but the label says nothing about microplastic shedding from polyester. For newer materials, Biosynthetic and biofabricated materials have their own verification challenges.

Common questions