Written Answers. - Genetically Modified Organisms.
John Dennehy
Question:
241
Mr. Dennehy
asked the
Minister for Health and Children
if he will consider introducing specific measures to prevent the sale of formula milk which has been genetically modified; and if he will make a statement on the regulation of the sale of genetically modified food.
[4373/02]
Infant formulae contain protein from either cows' milk or soybean. There are no cows' milk proteins that have been genetically modified. Soya infant formulae are designed for babies with an intolerance to cows' milk and contain soybean-derived material. Ireland imports all of its soybean products and, due to the growing of GM soybeans in many soybean producing countries, the presence of GM soybeans among non-GM soybeans is a possibility.
Only GM ingredients that have been authorised by the EU can be marketed in member states. In the case of soya, only one variety of soybean called Roundup Ready is authorised for use in food. Specific labelling applies to food and food ingredients with a GM content. The result is that a food or a food ingredient, for example, soya, having a GM content greater than 1% must be labelled to indicate that it contains, or is made from a GMO. When an ingredient has a GM content of 1% or less then the operator must be able to show that the food was obtained from a non-GM source so that the GM presence is then considered as an unavoidable contaminant.
The Food Safety Authority of Ireland, FSAI, is the competent authority in Ireland charged with enforcing the novel foods regulations under which GM foods currently fall. The FSAI carries out surveys of the Irish food supply to satisfy itself that regulations governing the sale in Ireland of GM foods are adhered to. In a recent survey of soya-based foods, including infant formulae, the FSAI analysed the three leading brands of soya infant formulae and found that they contained GM soya which are at EU authorised levels significantly below the 1% that triggers mandatory GM labelling.
With regard to the Deputy's query on the regulation of the sale of all GM foods, there are three main pieces of legislation relevant to this issue. First, Regulation (EC) No. 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients came into force in all member states on May 15 1997. This regulation provides that novel foods and novel food ingredients – including genetically modified food – must undergo a safety assessment and be officially approved/authorised before being placed on the European market. It also contains provisions in certain instances for the labelling of novel foods and novel food ingredients.
Foods and food ingredients which fall within the scope of this regulation are those which have not, as of May 15 1997, been used for human consumption to a significant degree within the European Community and which fall into the following categories: foods which contain genetically modified organisms, GMOs; foods which are produced from but do not contain GMOs; food and food ingredients with an intentionally modified molecular structure; foods composed of micro-organisms, fungi or algae; foods produced from plants or animals not using traditional propagation techniques; and foods which are produced from new technologies which give rise to significant changes in the composition or structure of the food.
The regulation states that there must be specific labelling to inform the consumer of any characteristic or food property – for example, composition, nutritional value, nutritional effects, intended use of the food) which renders a novel food or novel food ingredient no longer equivalent to an existing food or food ingredient. There must also be specific labelling to advise the consumer of the presence in the novel food or novel food ingredient of: material which is not present in an existing equivalent foodstuff and which may have implications for the health of certain sections of the population – for example, a protein from a known food allergen source such as peanuts; material which is not present in an existing equivalent foodstuff and which gives rise to ethical concerns – for example, a gene of porcine origin in a plant; or an organism genetically modified by techniques of genetic modification – for example, a genetically engineered tomato.
The second item of legislation is Council Regulation (EC) No. 1139/98 concerning the compulsory indication on the labelling of certain foodstuffs produced from genetically modified organisms of particulars other than those provided for in Directive 79/112/EEC as amended by Commission Regulation (EC) No 49/2000 of 10 January 2000. The labelling and other provisions of the novel foods regulation as outlined above do not apply to foods or food ingredients which were used for human consumption to a significant degree within the EU before the entry into force of the regulation and, therefore, not considered to be novel.
Regulation 1139/98 applies to foods and food ingredients which are produced, in whole or in part, from a genetically modified soya bean manufactured by Monsanto and a genetically modified maize manufactured by Novartis. These products were authorised under Directive 90/220/EEC on the deliberate release of genetically modified organisms into the environment. This directive is the responsibility of the Department of the Environment and Local Government in Ireland.
This regulation lays down additional labelling requirements for the products outlined above. Such labelling ensures that the final consumer is informed of any characteristic or food property, such as composition, nutritional value or nutritional effects or the intended use of the food, which renders a food or food ingredient no longer equivalent to an existing food or food ingredient. If genetically modified protein or DNA is present in a foodstuff, then that foodstuff is subject to the additional labelling requirements. In short, the words "produced from genetically modified soya" or "produced from genetically modified maize" must appear in the list of ingredients.
Commission Regulation (EC) No. 49/2000 of 10 January 2000 amending Council Regulation (EC) No. 1139/98 concerning the compulsory indication on the labelling of certain foodstuffs produced from genetically modified organisms sets ade minimis threshold level for adventitious contamination at 1% – of each ingredient individually considered. It came into effect on 10 April 2000. The rationale for such a threshold is to avoid a situation whereby foods and food ingredients would have to be labelled in cases in which, despite not being from GMO origin, small proportions of modified DNA or protein would be present due to “accidental” contamination of conventional soya or maize with GM soya or maize. Adventitious contamination can potentially occur at many stages of the production chain, from the field – pollen – through transport and storage to food processing. At a level below this 1%, products not of GMO origin but containing small proportions of genetically modified DNA or protein due to adventitious contamination, will not be subject to the additional labelling requirements as outlined above.
The third item of legislation is Commission Regulation (EC) No. 50/2000 of 10 January 2000 on the labelling of foodstuffs and food ingredients containing additives and flavourings that have been genetically modified or have been produced from genetically modified organisms. Regulation (EC) No. 258/97 – the novel foods regulation – and Regulation (EC) No. 1139/98 do not apply to additives and flavourings intended to be used in foodstuffs. The Commission, in consultation with member states, agreed that it was important that consumers should be informed of the use of additives or flavourings that have been genetically modified or have been produced through genetic engineering as they are already informed of the presence of other ingredients containing or produced from genetically modified organisms. Dis cussions culminated in Regulation 50/2000/EC which came into effect on 10 April 2000.
If genetically modified protein or DNA is present in a food additive or flavouring, then that food additive or flavouring is subject to the additional labelling requirements. In short, the words "produced from genetically modified ." must appear in the list of ingredients. I am advised that the Food Safety Authority of Ireland is satisfied that, based on current scientific opinion, GM ingredients authorised within the EU are safe for human consumption.
Question No. 242 answered with Question No. 220.
