LEGAL ASPECTS

EU-Regulation 1829/2003

In the European Community the approval and labelling of genetically modified food and feed is regulated under this regulation.
Since 18. April 2004 this regulation has become effective.

Labelling

The obligation to label food, feed, ingredients, additives and flavourings is given, if they:

consist of genetically modified organisms (e.g. potato, papaya, corn-cobs) or contain them (e.g. milk products containing genetically modified bacteria)
originate from genetically modified pflants, no matter whether the particular modification is detectable or not (e.g. tomato ketchup, maize starch, rapeseed oil, soya lecithin, cotton cellulose)
are produced with the help of genetically modified organisms as long as they exist in the product (e.g. beer brewed using genetically modified yeast)

No labelling is required for:

Products consisting of or originating from animals fed with genetically modified feed, e.g. meat, eggs or milk products
Technical auxiliary materials like enzymes originating from genetically modified microorganisms

Thresholds

For products containing or consisting of genetically modified plants, that are authorised in the EU and therewith classified to be safe, labelling is not required, if:

The percentage of a particular gm plant does not exceed 0.9%
The producer, or importer, of a product is in a position to supply evidence that appropriate steps have been taken to avoid the presence of such material and that the presence is adventitious or technically unavoidable

Genetically modified plants that yet have not been authorised in the EU are not tolerated (”zero tolerance).

EU-Regulation 1830/2003

Traceability is legally mandated for food and feed consisting of or made from genetically modified organisms.
Labelling is required even if genetically modified content cannot be detected in the final product. This is why all producers, suppliers, and retailers must inform their buyers if genetically modified organisms were used in their products. To do this, stakeholders must set up systems for keeping and sharing information and documentation.
The obligation to keep records and allow for traceability is declared in this separate regulation.

Application status in the EU

Gm plants can be approved according to the following three categories:

Food and/or feed
Import and processing
Cultivation