Review of Labelling of Genetically Modified Foods

6.0 Labelling of GM Foods in Australia and New Zealand

6.1 Labelling Requirements

The labelling provisions of Division 2 of Standard 1.5.2 (Appendix D) came into effect in December 2001. All food produced using gene technology is required to undergo a pre-market safety assessment before sale and use in Australia and New Zealand. As the safety of GM food is assessed, labelling is primarily intended to provide information to facilitate consumer choice. GM food labelling allows consumers to purchase or avoid GM foods depending on their own views and beliefs.

The standard requires that food (including ingredients, food additives and processing aids) be labelled with the words ‘genetically modified’, if novel DNA and/or novel protein, from an approved GM variety is present in the final food. Therefore the general labelling requirements are based on the presence of novel DNA and/or protein in the food rather than on the process used. There are also some additional labelling requirements where GM foods are not substantially equivalent to conventional counterparts and where consumers need to be advised of altered characteristics (see section 6.2).
The standard provides a definition for GM food under subclause 4(1):
‘genetically modified food means food that is, or contains as an ingredient, including a processing aid, a food produced using gene technology which –

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

but does not include –

3. 
   highly refined food, other than that with altered characteristics, where the effect of the refining process is to remove novel DNA and/or novel protein;
   
4. 
   a processing aid or food additive, except where novel DNA and/or novel protein from the processing aid or food additive remains present in the food to which it has been added;
   
5. 
   flavours present in the food in a concentration no more than 1g/kg; or
   
6. 
   a food, ingredient, or processing aid in which genetically modified food is unintentionally present in a quantity of no more than 10g/kg per ingredient.
   

The statement ‘genetically modified’ must be used in conjunction with the name of the food or in association with the specific ingredient in the ingredient list. If the food is unpackaged then the information that otherwise would have been on the package, must be displayed on or in connection with the display of the food.

6.2 Additional Labelling and Information Requirements

There may be additional labelling and/or information requirements for GM foods that have ‘altered characteristics’. Altered characteristic means that when the GM food is compared to its conventional counterpart, it is different in relation to:

• 
  composition or nutritional values;
  
• 
  anti-nutritional factors or natural toxicants;
  
• 
  factors known to cause allergic responses in particular sections of the population; or
  
• 
  its intended use.
  

Additional labelling or other information requirements may be specified in the Table to Clause 2 of Standard 1.5.2 for any GM food with altered characteristics or where the GM food raises significant ethical, cultural and religious concerns with respect to genetic modification. FSANZ determines whether an additional labelling requirement is warranted through the standard development/variation process.

6.3 Exclusions from Labelling

As indicated in Section 6.1, the labelling requirements under subclause 4(1) of Standard 1.5.2 do not apply to all food produced using gene technology. Types of food not subject to labelling requirements are primarily:

• 
  highly processed food where the processing removes all DNA and/or protein; and
  
• 
  minor ingredients, including processing aids and food additives (unless they contain novel DNA and/or novel protein).
  

6.3.1 Unintentional Presence of GM Foods in Non-GM Foods

The Standard also allows a food in which an approved GM food is unintentionally present in a quantity of no more than 10g/kg (1%) per ingredient to remain unlabelled (GM foods that are not listed in the Standard are not permitted in any food either intentionally or unintentionally). This exclusion applies to circumstances where the manufacturer has actively sought to avoid GM food (including ingredients or processing aids) but there is an inadvertent presence of GM material. As long as the presence is unintentional and under the permitted amount of 10g/kg per ingredient, there is no requirement to label the product as containing an approved GM food, ingredient or processing aid.
For this provision to apply the food manufacturer needs to be able to demonstrate that they have sought to source non-GM food for their product. Although the Standard does not specify the business practices that should be in place to ensure compliance with the labelling requirements, FSANZ has developed the industry user guide ‘Labelling Genetically Modified Food’ which discusses due diligence requirements of food manufacturers and procedures that can be implemented to ensure compliance with Standard 1.5.2. Such measures include document verification, identity preservation systems ³ or batch testing. The user guide is available on the FSANZ website at http://www.foodstandards.gov.au/assistanceforindustry/userguides/index.cfm

6.3.2 Foods Prepared for Immediate Consumption

Under subclause 4(4) of Division 2 of Standard 1.5.2 food intended for immediate consumption that is prepared and sold from food premises and vending vehicles is exempt from GM food labelling requirements. Types of food premises captured by this exemption include restaurants, take away outlets, caterers and self-catering institutions. However the Food Acts in Australian States and Territories have a general provision which prohibits a food business or person from supplying food by way of sale if it is not of the nature or substance demanded by the purchaser. Therefore if a consumer wants to know whether the ingredients used are from a GM source, the onus is on the manufacturer to provide information about the product, which is not misleading or untruthful. This is another mechanism which enables the consumer to obtain the information they require to make an informed purchasing decision.