GM Food Regulation
In brief: Partner Richard Hamer (view CV) and Lawyer Eloise Curry discuss recent developments in GM food regulation and labelling requirements.
Introduction
Issues around genetically modified (GM) food continue to attract media and consumer attention. Food labels must comply with mandatory labelling requirements. Where negative claims such as 'GM free' are made, labels must comply with general law prohibitions on false and misleading claims. Food producers must ensure they hold appropriate documentation regarding GM status where food could come from a GM source.
GM food in the news
Earlier this year Biotech News reported on the release of a report of the Agricultural and Food Policy Reference Group which included, among other things, a call for those State Governments that have legislated against growing GM crops to lift the moratorium.
Controlled research and development on GM food crops is ongoing in Australia, conducted in accordance with the Gene Technology Act 2000 (Cth). The Commonwealth Scientific and Industrial Research Organisation (CSIRO) hit the headlines late last year, announcing it would discontinue development of a type of genetically modified pea after it was found that mice fed on the peas had an altered immune response. An insecticidal protein had been introduced to the peas for pest control purposes. A modified form of that protein, unexpectedly, was produced in the GM peas, and mice fed such peas also had a modified immune response. CSIRO's media release can be found at http://www.csiro.au/news/pssp.html.
Labelling
A limited number of GM foods are approved for sale in Australia. Standard 1.5.2 of the Food Standards Australia New Zealand (FSANZ) Food Standards Code lists approved GM foods and sets out their labelling requirements. Labelling requirements extend to GM ingredients and processing aids. FSANZ has also published a user guide entitled 'Labelling Genetically Modified Food', available at http://www.foodstandards.gov.au/_srcfiles/user_guide_GM_labelling_0817.pdf.
Under Standard 1.5.2 the label on GM food must contain the statement 'genetically modified' in conjunction with the name of the food, ingredient or processing aid. The statement may appear in the list of ingredients. 'Genetically modified food' means food that is produced using gene technology which contains novel DNA and/or novel protein or has altered characteristics, and includes that contains a GM ingredient, including a processing aid. There are some exceptions to the labelling requirements, for example where small amounts of genetically modified flavours are used, or in some circumstances where production processes result in purified food in which novel DNA or novel proteins are not present.
Additional labelling requirements may be imposed on GM foods by way of a condition on the approval for sale. At present only one food has such a condition, being GM soy beans that have been genetically modified to contain high levels of oleic acid.
The Food Standards Code does not, however, regulate negative claims such as 'GM free'. Such claims may be made, and must comply with the Trade Practices Act 1974 (Cth) and State and Territory fair trading legislation. Most importantly, such claims must not be false, misleading or deceptive.
Food producers should ensure that, at every step in the supply chain, appropriate inquiries are made of suppliers about the GM status of food or ingredients, or that documentation or evidence of your own testing is held regarding the GM status of foods or ingredients, where those food or ingredients could come from a GM source. FSANZ suggests that, as part of a Food Standards Code compliance regime, documentation should be retained for a period at least as long as the shelf life of the food.
For further information, please contact:
- Richard HamerPartner,
Melbourne
Ph: +61 3 9613 8705
Richard.Hamer@allens.com.au