The Food Safety Authority of Ireland, FSAI, is the competent authority in Ireland for the enforcement of EU legislation regarding food derived from genetically modified organisms, GMOs, generally referred to as GM food. This includes the enforcement of food labelling provisions for which the FSAI carries out checks on the market place for compliance.
Ireland, in common with other member states and as required by EU rules, applies EU legislation on GM foods. EU legislation on GM foods is in the form of EU regulations which are directly applicable to and binding on each member state. My Department is currently working on introducing measures into national legislation which will allow for enforcement measures including penalties in the case of non-compliance with the recently adopted EU regulations.
The regulation on GM food and feed — EC No. 1829/2003 — shifts the basis for labelling from presence-detection of genetically modified DNA or protein, to apply to any products produced or derived from GM material, regardless of the presence-detectability of genetically modified material. In order to ensure the practicability and feasibility of this regulation, a labelling threshold applies to foods containing material which contains, consists of or is produced from GMOs. The threshold applies to the adventitious and technically unavoidable presence of authorised genetically modified material in a proportion no higher than 0.9 % of the food ingredients considered individually or food consisting of a single ingredient.
This threshold recognises that despite the fact that some operators avoid using GMOs, such material may gain access to conventional food and feed in minute traces as a result of adventitious or technically unavoidable co-mingling during production, cultivation, harvest, transport, storage or processing.
The FSAI has in the past identified certain products bearing labels identifying the product as GM-free when in fact a level of GM was present, albeit lower than the 0.9% threshold. Currently the FSAI is specifically examining foods carrying GM-free type labels with a view to the authenticity of such labels. Article 2 of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the member states relating to the labelling, presentation and advertising of foodstuffs, provides that labelling must not mislead the purchaser as to the characteristics of the foodstuff and in particular, as to its nature, identity, properties, composition, method of production and manufacturing. The use of GM-free type labelling is voluntary and legal when no GM ingredients are present in a food where GM ingredients could be found. However, it is not legal under the general labelling directive to label something as GM-free when there is actually no GM variety of that food or ingredient available as this could mislead the purchaser. For example, labelling milk as GM free is not legal since there is no GM milk available. The views of the FSAI on GM-free labels and the actions taken to address the problem have received the support of many other member states and the European Commission at Standing Committee level.
The FSAI is actively engaging with retailers to address the problem of foods inaccurately labelled as GM-free, an approach that is also being used in addressing other labelling inaccuracies. This approach places the onus on the retailer to remove specific affected batches from the shelves and to liaise with their suppliers in order to either rectify any labelling inaccuracies or have that product line restricted or discontinued. In this way inaccurate labelling can be more quickly addressed without the immediate need for legal action which would tie up scarce resources for long periods.
The FSAI is constantly engaged in educating industry as to the implications of the recent changes in EU regulations on GMOs, including the issue of labelling. To this end, and in conjunction with Departments and industry organisations, the FSAI is formulating a guidance note for industry which will highlight the impact of the legislation with regard to GMOs and all derived products.
It must be stressed that no product consisting of, containing or derived from GMOs can be authorised for marketing without first having undergone the appropriate safety assessment. Consequently, I am satisfied that appropriate arrangements are in place to ensure the safety of authorised GM foods, or foods containing GM ingredients placed on the market in Ireland. Consumer safety and consumer choice are paramount in the approach taken to GM foods, as reflected in the extent of the legislation developed to deal with this sensitive area. Government policy on GM foods is based on the advice that no credible evidence has yet been provided to show that GM foods pose a risk to human health.
