Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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FSA Consultation, 30 November 2021
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FSA Consultation Document: Consultation on applications for nine genetically modified organisms for food and feed uses The consultation document can be accessed from the FSA website (click on image). In addition, the FSA has published a separate document containing the draft opinions. This is also available on the FSA website: FSA/FSS opinions of applications for nine genetically modified organisms for food and feed uses |
The following is taken from the Food Standard Agency (FSA) consultation web page:
Consultation seeking stakeholders’ views, comments and feedback in relation to regulated product applications for nine genetically modified organisms (GMOs) for food and feed uses, which have been submitted for authorisation.
This consultation references applications now made to England, Scotland and Wales, for products where an application was evaluated by the European Food Safety Authority (EFSA) prior to the end of the transition period.
In addition to this consultation, we have also published a joint Food Standards Agency (FSA) and Food Standards Scotland (FSS) scientific opinions document, relating to the relevant nine GMOs, after the organisations carried out a quality assurance review of EFSA's risk assessments.
We welcome comments on these scientific opinions, separately to responses to the consultation. Any comments provided on the FSA and FSS opinions will be published and considered for inclusion in our final Ministerial advice.
Consultation subject
Nine GMOs have been submitted for authorisation in England, Scotland and Wales, where the decision on authorisation will be made by the respective Ministers for each GB nation. This is a function that was previously carried out at an EU level. Since the end of the transition period, assessing food and animal feed safety in the UK has been the responsibility of the FSA and FSS and the authorisation of regulated products is the responsibility of the relevant appropriate authority of each nation.
The finalised FSA/FSS opinions, and the views gathered through this consultation, will be considered and included alongside those of Officials of the Devolved Governments in Northern Ireland, Scotland and Wales, and UK Government Departments other than the FSA to inform Ministers’ decision making on whether to authorise the individual GMOs for use in England, Scotland and Wales.
Purpose of the consultation
To seek stakeholders’ views, comments and feedback in relation to the GMOs, which have been submitted for authorisation. We ask stakeholders to consider any relevant provisions of retained EU law and other legitimate factors (other evidence further supporting clear, rational and justifiable risk analysis, such as consumer interests, technical feasibility and environmental factors) related to these applications. This is stakeholders’ opportunity for input on the advice given to Ministers to inform decision making.
The following are some of the initial sections of the full consultation document providing additional details:
Details of consultation
In accordance with Retained EU Regulation 1829/2003 for the placing on the market of genetically modified food and feed, the applications included in this consultation have been submitted for authorisation.
Nine GMOs have been submitted for authorisation in each nation of Great Britain (GB), where the decision on authorisation is made by the respective Ministers in England, Scotland and Wales. This is a function that was previously carried out at a European Union (EU) level. Since the end of the transition period, assessing food and animal feed safety in the UK is the responsibility of FSA/FSS and the authorisation of regulated products is the responsibility of the relevant appropriate authority of each of the nations of GB.
In respect to Northern Ireland, EU Food Law on GMOs continues to apply under the current terms of the Protocol on Ireland/Northern Ireland (NIP). This means GMOs require authorisation under the EU’s authorisation procedures before being placed on the market in Northern Ireland.
Introduction
The FSA and FSS have been working together to ensure that the high standard of food safety and consumer protection in the UK continues following the UK’s exit from the EU. Regulated product applications for the GB market, including GMOs, are now subject to the UK’s own risk analysis process, with FSA/FSS continuing to provide advice to Ministers on matters of food safety.
GMOs are plants and animals with a genetic make-up that has been modified using techniques of biotechnology. Genetic modification allows scientists to produce plants, animals and micro-organisms with specific qualities. Genetically modified food and feed contain or consist of GMOs or are produced from GMOs.
For new authorisations and renewals of authorisations for GMOs to be placed on the GB market, an application shall be submitted in accordance with Retained EU Regulation 1829/2003.
Following consultation, the next step of the authorisation process is for relevant Ministers in England, Scotland and Wales to make decisions on authorisation (with Ministers in Northern Ireland kept informed), taking into account the FSA/FSS opinion, any relevant provisions of retained EU law and any other legitimate factors. Details of the individual GMOs are given in the annexes. FSA/FSS advice to Ministers, subject to views gathered in the consultation, will be to authorise these GMOs on the proposed terms as outlined in the FSA/FSS opinions.
In line with FSA/FSS’ responsibility to provide advice to Ministers in respect of matters connected with food safety or other interests of consumers in relation to food (section 6, Food Standards Act 1999), we have identified factors which may inform Ministerial decision making. The outlines of these factors also take into account the impact of any decision ultimately made by Ministers, whether this is to authorise or not. Stakeholders are invited to use this opportunity to comment on these factors or highlight any additional factors that should be brought to the attention of Ministers before a final decision is made.
Ministers in all four nations have provisionally agreed to a provisional common framework for Food and Feed Safety and Hygiene. This consultation has been developed under the commitments to collaborative four-nation working set out in this framework. As such, this consultation has been developed through cross-government forums with the Department of Health and Social Care (DHSC), Welsh Government and Scottish Government. The content of this consultation represents the views of FSA/FSS and the factors that FSA/FSS has identified as relevant to these applications. Final advice will be agreed on a four-nation basis before being presented to Ministers.
Impacts
As part of the risk analysis process, FSA/FSS has assessed the impacts that would result from authorisation of these GMOs, should Ministers decide to authorise. Our collective assessment of the proposals did not identify any significant impacts. The impacts considered included those most frequently identified as potential impacts when introducing or amending food and feed law (i.e., Local Authority Delivery, Health, Environment, Growth, Innovation, Trade, Competition, Consumer Interests or Small and Micro Businesses). The authorisation of these products should generally result in greater market competition supporting growth and innovation in the sector.
Under the provisional common framework for Food and Feed Safety and Hygiene, Northern Ireland continues to have full participation in the risk analysis processes concerning food and feed safety. This reflects Northern Ireland’s integral role within the UK and ensures that any decision made fully considers the potential impacts on the whole of the UK. The GMOs included within this consultation are authorised for use in Northern Ireland, in line with legislation that applies in Northern Ireland, under the Northern Ireland Protocol. Therefore, authorising in all GB nations will protect against divergence within the UK.
Consumer interests:
FSA/FSS has a unique role as the non-Ministerial Government department that looks after consumer interests when it comes to food. We invest in consumer research so that we have evidence on consumer behaviours, understanding and preferences to inform policy decisions.
Our flagship social research survey and Official Statistic, Food and You, gives us the ability to analyse a large sample database of consumer behaviour, attitudes and concerns bi-annually.
In the FSA’s Public Attitudes Tracker we ask consumers about issues that concern them, and publish the results, and genetically modified foods is one of the issues listed. This is also conducted by the FSS with the Food in Scotland Consumer Tracker.
We have carried out specific research on Consumer Attitudes towards Emerging Technologies which included genetically modified foods.
We also follow other consumer surveys such as The British Social Attitudes Survey which has also asked about attitudes towards genetically modified food production. The genetically modified responses to these questions can be found in the ‘Science’ chapter included in the 36th annual report.
