This part shall not apply to the food and entities described in this section.

1. (a) Food served in a restaurant or similar retail food establishment.
2. (b) Very small food manufacturers.
3. (c) A food in which no ingredient intentionally contains a bioengineered (BE) substance, with an allowance for inadvertent or technically unavoidable BE presence of up to five percent (5%) for each ingredient.
4. (d) A food derived from an animal shall not be considered a bioengineered food solely because the animal consumed feed produced from, containing, or consisting of a bioengineered substance.
5. (e) Food certified under the National Organic Program.