1st quarter 2004

New EU regulations on genetically modified food and feed and their traceability and labelling entered into force on 7 November 2003

The following two regulations were published in the Official Journal of the European Union (L268) on 18 October 2003 and entered into immediate force in all member states on 7 November 2003:

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  Regulation (EC) No 1829/2003 of the European Parliament and of the Council (of 22 September 2003) on genetically modified food and feed
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  Regulation (EC) No 1830/2003 of the European Parliament and of the Council (of 22 September 2003) concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC

The first regulation specifies how genetically modified food and feed products are to be authorised in future. Previously, this process was regulated by the so-called Novel Food regulation, which has been superseded by the new regulation. For the first time, feed products containing genetically modified components must be labelled to this effect whenever any such component exceeds 0.9% of the corresponding unmodified ingredient.

In the case of seeds, there are still no binding threshold values. However, the EU Commission proposes that graduated threshold values be established for the unintentional admixture of genetically modified seed to conventional or organic seed. Planned limits are 0.3% for rapeseed, 0.5% for sugar beets, maize, and potatoes, and 0.7% for soy beans. Admixtures below these limits need not be labelled.

The new labelling regulation will also be extended to include all foods and ingredients produced from or with the help of genetically modified organisms, regardless of whether or not the genetic modification is demonstrable in the food or feed. This means that the production process is labelled. The entire food-production chain must be documented.

The new regulations increase the stringency of the safety requirements placed on genetically modified products, requiring on the one hand greater transparency of consumer information and on the other stricter procedures for authorisation and risk assessment.

According to the EU Commission, when the 5-year moratorium comes to an end at the beginning of 2004, certifications for genetically modified plants and foods are to be issued again. Some of the applications for certification will still be decided on the basis of the Novel Food Regulation, while the far greater number already submitted prior to the moratorium and newly submitted applications will be assessed by experts in accordance with the new guideline for deliberate release and - following a risk assessment? decisions regarding their certification will be made on the basis of the new regulation 1829/2003 (EC).