Australasian Biotechnology (backfiles) AusBiotech ISSN: 1036-7128 Vol. 11, Num. 2, 2001, pp. 17-18

Australasian Biotechnology, Vol. 11 No. 2, 2001, pp. 17-18

NEW STANDARD FOR LABELLING OF GENETICALLY MODIFIED FOOD

Gaye Middleton

Code Number: au01021

On 7 December 2000, a new joint standard for the mandatory labelling of genetically modified foods was gazetted in Australia and New Zealand, following agreement among members of the Australia New Zealand Foods Standards Council (“ANZFSC”) on 28 July 2000. Standard 1.5.2 - Food Produced Using Gene Technology (“Standard”), which replaces previous Standard A18 of the same title, will commence operation on 7 December 2001, thus giving food manufacturers and other affected entities twelve months in which to comply with the new Standard.

Division 1 of the Standard deals with health and safety requirements of genetically modified foods, while Division 2 deals with labelling and informational requirements for genetically modified foods.

The Standard will be reviewed on 7 December 2003.

Sale and use of foods produced using gene technology

Clause 2 of Division 1 of the Standard prohibits the sale of a food produced using gene technology (other than a substance regulated as a food additive or processing aid under the Australia New Zealand Food Standards Code), unless that food is

• listed in Column 1 of the table to clause 2 of the Standard; and
• complies with any special conditions applicable to that food, as set out in Column 2 of the table to clause 2 of the Standard.

Under the Standard, “gene technology” is defined as recombinant DNA techniques that alter the heritable genetic material of living cells or organisms. Food is produced using gene technology for the purposes of the Standard if it has been derived or developed from an organism which has been modified by gene technology. However, food derived from an animal or other organism which has merely been fed food produced using gene technology does not fall within the prohibition in Division 1 of the Standard.

A producer of genetically modified foods may apply to the Australia New Zealand Food Authority (“Authority”) to have that food added to the table to clause 2 of Division 1 under section 12 of the Australia New Zealand Food Authority Act 1991 (“the Act”).

As under Standard A18, clause 3 of Division 1 of the new Standard contains transitional provisions, under which clause 2 of the Standard does not apply to food produced using gene technology where:

• an application to the Authority for approval to sell that food was preliminarily accepted prior to 30 April 1999 under the Act;
• the food was already lawfully permitted to be sold as food by an overseas national regulatory authority; and
• ANZFSC does not have any evidence that the food poses a significant risk to public health and safety.

Labelling of foods produced using gene technology

Clause 5 of Division 2 of the Standard provides that the package label of a genetically modified food must include the statement “genetically modified” in conjunction with the name of that food (e.g. “Soy flour - genetically modified”). For the purposes of Division 2 of the Standard, “genetically modified food” is food that is or contains as an ingredient or processing aid, a food produced using gene technology which:

1. contains novel DNA or a novel protein; or
2. has altered characteristics.

A novel DNA or a novel protein is DNA or a protein which is different in sequence or structure from DNA or protein found in an equivalent food which has been produced without using gene technology.

A food produced using gene technology has “altered characteristics” if:

1. genetic modification of that food has resulted in significant changes in the composition or nutritional value of that food, which are outside the normal range of values for its non-genetically modified counterpart;
2. there are significantly different levels of anti-nutritional factors or natural toxicants in that food when compared with its non-genetically modified counterpart;
3. the food contains an allergen not contained in its non-genetically modified counterpart;
4. the intended use of that food is different to that of its non-genetically modified counterpart; or
5. the genetic modification raises significant ethical, cultural and religious concerns regarding the origin of the genetic material used in the genetic modification.

Under clause 4 of Division 2 of the Standard, for food not sold in packages (e.g. fruit and vegetables), the information required under clause 5 of the Standard must be displayed on or in connection with the display of that food.

Where the genetically modified food is an ingredient or a processing aid, then the statement required under clause 5 of the Standard may be contained in the statement of ingredients for the food.

Exemptions

The following genetically modified foods are exempted from the labelling requirements of the Standard:

1. highly refined foods without altered characteristics, where the refining process removes novel DNA and proteins;
2. processing aids and food additives, where the novel DNA or proteins in those processing aids and food additives do not remain in the food to which they have been added;
3. flavours present in a food in a concentration of ≤1g/kg;
4. a food, ingredient or processing aid in which genetically modified food is unintentionally present in a concentration of ≤10g/kg (1%) per ingredient; or
5. “point-of-sale” foods; that is, foods intended for immediate consumption sold from restaurants, take-away food outlets, catering vans and similar types of premises.

The draft Compliance Guide for the Standard provides that if a food may sometimes be genetically modified, then the label of that food must state that the food “may contain genetically modified ingredients/food due to supply variation”.

The Standard does not require any statement regarding the genetic status of non-genetically modified foods. However, if a statement such as “GM free” is used on the label of a food, the person who applied that label must be able to verify the absolute truth of that statement, or be subject to penalties under the Australian consumer protection legislation.

Public response

The Australian Food and Grocery Council has criticised the exemption from the labelling requirements for point of sale foods, on the basis that consumers who want information regarding whether or not food has been genetically modified will want that information regardless of whether that food is packaged. In addition, the CHOICE consumer watchdog group has criticised the labelling exemption for refined foods where the novel DNA or protein has been removed in the refining process, on the ground that consumers may object to buying such foods on environmental or ethical grounds.

Some representatives of the food production industry have criticised the new labelling measures for increasing labelling costs, and placing a heavy onus on food manufacturers, importers and others to ascertain whether or not foods or their ingredients are genetically modified.

General public response to the new labelling regime for genetically modified foods will be tested when the Standard comes into effect towards the end of 2001.

• Gaye Middleton is a Solicitor with Mallesons Stephen Jaques, Brisbane, gaye.middleton@msj.com.au

Copyright 2001 - AusBiotech