“Unbelievable but true: If a GMO in food causes harm, the food sector would be held liable” – Wolfgang Ahammer, Oils For Life
The planned deregulation of new GMOs (new genomic techniques, NGTs) in the EU would shift safety testing and liability risks for plants produced with NGTs and the products derived from them, from biotech companies to the food industry. These consequences, until now unnoticed, of the EU Commission's plans to deregulate new GMOs are highlighted in a new legal opinion by the Berlin law firm GGSC on behalf of ENGA’s member VLOG (German Association for Food without Genetic Engineering). ENGA is the voice of the Non-GMO food and feed sector at the EU level.
EU Commission’s plans to deregulate new GMOs are to the detriment of the EU food sector
Heike Moldenhauer, Secretary General of ENGA, said: “With its plans to deregulate New GMOs, the European Commission is throwing the EU’s food sector ‘to the wolves’, by shifting the costs and risks from biotech to the food sector. This is unacceptable and may become a major problem for the entire EU food industry, not just the organic and ‘Non-GMO’ sectors.”
Biotechnology companies must take responsibility for liability
Wolfgang Ahammer, ENGA board member and General Manager Sales, Marketing, IT, Logistics, Oils For Life, said: “Unbelievable but true: If a GMO in food causes harm, the food sector would be held liable and is very likely to be left holding the bag. Those who profit from genetically engineered products must also be accountable for their safety. It's time to close legal gaps and ensure biotech companies compensate for any damage—through measures like a mandatory liability fund for GMO manufacturers.
“To prevent the food industry from running the full risk of liability, it is essential that risk assessment and labelling across the entire food and feed chain remain mandatory for all GMOs, including NGT plants.”
Legal opinion: Food companies responsible for product safety
According to the expert opinion, food companies are responsible for the safety of their food. They are therefore liable for defective products, including those produced using new genetic engineering techniques. For their developers, the biotechnology companies, however, EU genetic engineering legislation does not contain any special liability rules.
Liability claims un-enforceable, no insurance covers genetic engineering risks
In the event of damage, claims would primarily be made against food manufacturers and retailers. They are liable for defective food and the resulting damage. Even if they are able to take recourse against the developers of the NGT1 products, such claims will often not be enforceable, particularly in the case of biotechnology companies abroad or companies with limited assets. Food companies are usually insured against liability risks, such as damage to health. However, there is no insurance that covers genetic engineering risks.
New genetic engineering as "novel food": New obligations for food companies
Special requirements apply to food companies that place so-called novel foods on the market. They are responsible for safety testing and official registration as authorised novel foods. According to the EU Commission's legislative proposal, the Novel Food Regulation will instead apply to many NGT1 products that are no longer subject to EU GMO legislation.
However, because the Commission's proposal only provides for labelling for seeds, but not for food, this obligation is very difficult to implement. Food companies may often not even know that they are placing an NGT1 product on the market. They could therefore unknowingly violate the Novel Food Regulation and place such products on the market without the corresponding authorisation.
In contrast, the EU Commission does not want biotechnology companies to have to carry out any risk assessments for NGT1 plants in future – and therefore for almost none of the new GMO products.
Read the new legal opinion here
Read ENGA's summary here