Nutrition and health claims

Misleading Descriptions

Genetically modified (GM) foods

The following labelling requirements apply to foods which are to be delivered as such to the final consumer or mass caterers and which:

(a) contain or consist of GMOs; or
(b) are produced from or contain ingredients produced from GMOs.

Exemption

The labelling requirements do not apply to foods containing material which contains, consists of or is produced from GMOs in a proportion no higher than 0.9% of the food ingredients considered individually or food consisting of a single ingredient, provided that this presence is adventitious or technically unavoidable. However food businesses must be in a position to supply evidence to satisfy the authorities that they have taken appropriate steps to avoid the presence of such material.

Main requirement

• Where the food consists of more than one ingredient, the words ‘genetically modified' or ‘produced from genetically modified (name of the ingredient)' shall appear in the list of ingredients in parentheses immediately following the ingredient concerned.
• Where the ingredient is designated by the name of a category, the words ‘contains genetically modified (name of organism)' or ‘contains (name of ingredient) produced from genetically modified (name of organism)' shall appear in the list of ingredients.
• Where there is no list of ingredients, the words ‘genetically modified' or ‘produced from genetically modified (name of organism)' shall appear clearly on the labelling.
• Where the food is offered for sale to the final consumer as non-pre-packaged food, or as pre-packaged food in small containers of which the largest surface has an area of less than 10 cm², the information required under this paragraph must be permanently and visibly displayed either on the food display or immediately next to it, or on the packaging material, in a font sufficiently large for it to be easily identified and read.

In the first two cases above, the required statements may appear in a footnote to the list of ingredients. In this case they shall be printed in a font of at least the same size as the list of ingredients. Where there is no list of ingredients, they shall appear clearly on the labelling.

Additional requirements

The labelling shall also mention any characteristic or property, as specified in the authorisation, in the following cases:

• (a) where a food is different from its conventional counterpart as regards the following characteristics or properties: composition, nutritional value or nutritional effects, intended use of the food and implications for the health of certain sections of the population;
• (b) where a food may give rise to ethical or religious concerns.

If specified in the authorisation, the labelling of foods which do not have a conventional counterpart shall contain appropriate information about the nature and the characteristics of the foods concerned.

Guidance / Additional Information

Additional guidance is available. The following are suggested:

• Regulation (EC) No 1829/2003, genetically modified food and feed. Guidance Notes from the Food Standards Agency and DEFRA. Includes copies of several of the original EU legislation on GM foods. Published 2004.
• Genetically Modified Organisms. The Commission's webpage providing full details of all aspects of GMOs within the EU.
• Genetically Modified Foods. A page on the main Foodlaw-Reading site which provides a summary of the controls as well as links to all the relevant legislation.

Misleading Descriptions