The European Union (EU) has a common policy towards genetically modified food, and legislation was produced at EU level. The different national laws reflect this common policy, with minor adaptations.

Find out about the following issues.

Is it legal to produce and sell genetically modified foods?
Is it legal to import genetically modified foods?
Who decides, what is legal?
Must genetically modified foods be labelled?
Are legal ethics considered?

Click on a flag to view the answers for that country. Click here to view by issue.

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United Kingdom

Is it legal to produce and sell genetically modified foods?
This is governed by EU law.

Is it legal to import genetically modified foods?
This is governed by EU law.

In the United Kingdom, no genetically modified foods have been approved other than the ones allowed by the EU.

Who decides, what is legal?
This is governed by EU law but partly regulated at national level.

In the UK, the Secretary of State for the Environment is responsible for licensing all experimental and commercial uses of GMOs. He or she is advised by a committee of experts called the Advisory Committee on Releases to the Environment (ACRE).

An independent body appointed by the Food Standards Agency carries out the assessment of novel foods. Members of the 'Advisory Committee on Novel Foods and Processes' are chosen to represent a wide range of relevant scientific expertise and knowledge.

Must genetically modified foods be labelled?
This is governed by EU law but regulated at national level.

Restaurants are outside the scope of general EU food labelling requirements, but GM labelling laws in the UK were extended to cover such premises. Therefore information covering GM foods has to be provided on the menu, at the counter or verbally by staff. This requirement came into effect on 19 September 1999.

Are legal ethics considered?
This is governed by EU law but partly regulated at national level.

The current legislation in Britain only takes into account safety data from the applicant companies and institutions. This focuses on crude health and environmental safety issues only. At present there is no legislation that considers ethical issues relating to GM.

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Denmark

Is it legal to produce and sell genetically modified foods?
This is governed by EU law.

Is it legal to import genetically modified foods?
This is governed by EU law.

In Denmark, no genetically modified foods have been approved other than the ones allowed by the EU.

Who decides, what is legal?
This is governed by EU law but partly regulated at a national level.

In Denmark, it is the Minister of the Environment and the Minister of Food, Agriculture and Fisheries who evaluate applications concerning genetic engineering. Who makes the evaluation depends on what the application is about.

The Minister for the Environment decides whether a genetically modified plant can be released into the environment and marketed for cultivation.

The Minister of Food, Agriculture and Fisheries decides whether a genetically modified food can be approved for sale and marketing to the consumers.

The same procedure is followed when Denmark receives an application from a company as well as when Denmark has to evaluate an application from another country in the EU.

Before any decisions can be made, the application needs to go through a hearing. For instance, it is stated in the Danish law on Environment and Gene Technology (2002), that the Minister of the Environment must hear relevant authorities, organisations and citizens on approvals of GMOs for release into the environment.

In practise, it is the Danish Forest and Nature Agency who carries out the hearing for the Ministry of the Environment. The Danish Forest and Nature Agency submits the application to experts, research institutions, authorities and interest groups for consideration.

In the same way, practice is that the Danish Directorate for Food, Fisheries and Agro Business handles the applications on genetically modified foods for the Ministry of Food, Agriculture and Fisheries.

Must genetically modified foods be labelled?
This is governed by EU law but regulated at a national level.

In Denmark, restaurants and the like are required to inform consumers about the use of genetically modified ingredients at the consumer's request. The restaurant can also choose to display the information on its menu. This is stated in the national Danish announcement on labelling etc. of foods.

Are legal ethics considered?
This is governed by EU law but partly regulated at a national level.

Recently, the Danish law on Environment and Genetic Engineering has been changed so that a consideration of ethical values is now included in the objects clause. The law also allows the Minister of the Environment to lay down rules so that principal decisions require the hearing of an independent agency representing ethical values. The changes to the law came into force in October 2002.

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Finland

Is it legal to produce and sell genetically modified foods?
This is governed by EU law.

Is it legal to import genetically modified foods?
This is governed by EU law.

In Finland, no genetically modified foods have been approved other than the ones allowed by the EU.

Who decides, what is legal?
This is governed by EU law but partly regulated at a national level.

In Finland, The Gene Technology Decree (1995) covers the legal aspects of genetically modified organisms. The Board for Gene Technology supervises the research and the National Food Agency the commercialisation of GMOs, as well as with novel food applications. The Novel Food Board gives permission to use GMOs as foods and the Ministry of the Environment participates in the environmental impact assessment.

Must genetically modified foods be labelled?
This is governed by EU law but regulated at a national level.

There are no additional laws on labelling in Finland.

Are legal ethics considered?
This is governed by EU law but partly regulated at a national level.

Despite the ethical issues involved in the EU law, the Finnish law does not contain additional consideration of the ethical aspects of genetically modified organisms.

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France

Is it legal to produce and sell genetically modified foods?
This is governed by EU law.

Is it legal to import genetically modified foods?
This is governed by EU law.

In France, no genetically modified foods have been approved other than the ones allowed by the EU.

Who decides, what is legal?
This is governed by EU law but partly regulated at a national level.

In France, a large-scale operation to supervise GMO research and marketing has been introduced. All planting applications must be examined by the Biomolecular Engineering Commission (CGB). This body is made up of scientific experts and representatives of consumer and environmental protection organisations.

The CGB is responsible for assessing GMO-related risks to public health and the environment (not usefulness to the economy or agriculture). The Commission's approval is needed before the ministries responsible for Agriculture and the Environment will grant a permit. Fields must comply with precise constraints (safety perimeters, etc.) and are supervised and inspected by Regional Agriculture and Forests Authorities.

Must genetically modified foods be labelled?
This is governed by EU law but regulated at a national level.

In France, two decrees have been added to the Consumer Code (August 2000 and November 2001) that compel manufacturers to mark the packaging of products whose ingredients, additives or flavouring contain more than 1% of GMO as 'produced using genetically-modified maize/soya'. But an investigation conducted by the magazine '60 millions de consommateurs 'published in January 2001 revealed that out of a sample of 103 common foodstuffs, 36 contained traces of GMO (less than 1%) not mentioned on the packaging.

The only foodstuffs that are guaranteed 100% GMO-free are organic products marked "AB" (Organic Farming Label).

Are legal ethics considered?
This is governed by EU law but partly regulated at a national level.

In France, GMOs have given rise to intense debate. Activists have torn up experimental plants. Some mayors refuse to allow lots to be planted on their territory. And some are campaigning against the presence of any GMOs in school meals. Greenpeace has drawn up a list of non-labelled foodstuffs, retailer by retailer, and has emptied shelves holding these products.

76% of French people refuse to eat GMOs. Shaken by the contaminated blood and mad cow disease scandals and fearing for their health, they now demand openness and compliance with the precautionary principle and insist that politicians listen to public opinion. The government (5 ministries) decided to organise a public debate to be held in February 2002. 36 experts, 230 personalities with an interest in the field and 130 members of the public (including schoolchildren) discussed possible ways of improving risk-assessment systems, ethical studies and public information.

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Germany

Is it legal to produce and sell genetically modified foods?
This is governed by EU law.

Is it legal to import genetically modified foods?
This is governed by EU law.

In the Germany, no genetically modified foods have been approved other than the ones allowed by the EU.

Who decides, what is legal?
The authority that deals with any application concerning field trials with GM plants in Germany is the "Robert-Koch-Institut" in Berlin, which is associated with the German Federal Ministry for Health. Additional authorities 'The Federal Biological Research Centre for Agriculture and Forestry' (BBA) and The Federal Environmental Agency (UBA) are involved in the admission procedure while the Zentrale Kommission für biologische Sicherheit ('Commission for Biological Safety') is asked for written comment.

Approval for GM food to be sold on the German market will be given either by the Robert-Koch-Institute or by the Federal Institute for Health Protection of Consumers and Veterinary Medicine (BgVV), depending on the kind of product.

Must genetically modified foods be labelled?
This is governed by EU law but regulated at a national level.

In Germany, GM plants and foodstuffs which contain or have been made from GM plants must be labelled according to these EU guidelines. There are no additional specific regulations concerning the labelling of GM foods in Germany.

However, since October 1998, foods that don't contain any GM plants and have been made without using any ingredients deriving from GM organisms can be labelled as "ohne Gentechnik" ("without gene technology"), if the producer can supply evidence of this according to very strict rules.

Are legal ethics considered?
This is governed by EU law but partly regulated at a national level.

Except for its general purpose of protection of the life and health of humans, animals and plants and the environment (§ 1 'Gentechnikgesetz', Law for the Regularisation of Gene Technology) the German law on gene technology doesn't include any specific reference to the ethical aspects.

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Is it legal to produce and sell genetically modified foods?
According to the law 1096/71 article 12, every seed, conventional or obtained with biotechnology techniques, can be marketed or sold only if it belongs to varieties recorded in national registers.
Furthermore, the decree-law 212/2001, article 1, paragraph 2, requires that genetically modified varieties obtain the proper authorization to be cultivated.
To the present, no genetically modified varieties (GMOs) of corn and soy are recorded in the national italian register or in the common european catalog. Therefore, waiting for a EU law and according to the "precaution principle" (law 1096/71, article 19, paragraph 14), it is forbidden to sow GMO varities if not recorded in the national register. Besides, the presence of genetically modified seeds in batches of conventional seeds must be avoided. However, it is possible to obtain the authorization to grow experimental GMO cultures.
In particular, the circular MIPAF on the "sowing campaign 2003" governs the control tests for corn, soy, and other GMOs. These tests are qualitative, and no indulgence is given.
Some regional laws explicitly forbid to grow and breed GMOs on public lands (Basilicata, Campania, Umbria, Toscana, and Abruzzo), in some circumstances also for research purposes.
Some regions provide for sanctions to industries that use GMOs, among which the exclusion from public funding and the denial of quality marks to their products.
To the present, rules governing the marketing of genetically modified food are missing. Some regions and provinces forbid to use GMOs in food destined to public use (Campania and Toscana).

Is it legal to import genetically modified foods?
A deree-law banned the marketing of four kinds of transgenic corn (strains MON810, MON809, T25, Bt11), while it allows to sell the strain Bt176 on the national market.
This kind of corn is not produced in Italy because it did not receive the proper authorization. Therefore, it is presently imported.

Who decides, what is legal?
The recommendation 618/97/CE Sep 16th 1997 entitles the Ministry of Health, Department of Food, Nutrition and Public Veterinary Health to judge documents related to genetically modified food.
Inside the Department, a specific inter-ministerial commission has been established, in order to catch up with services of decree aimed at marketing new products and ingredients.
In particular, the decree-law 92/93 gives power to the Ministry of Health, Department for the Prevention, as the competent authority to evaluate possible risks that GMOs might have in impairing human or animal health and environmental safety.
This Department collaborates with the inter-ministerial commission of the Council of Biotechnology (CIGB), composed of experts designated by the Ministries of the Environment, Agricultural Policies, Industry, Commerce and Arts and Crafts, University Scientific and Techonological Research, Civil Protection, National Health Institutes, and Prevention and Work Safety.

Must genetically modified foods be labelled?
This is governed by EU laws. Therefore, every food and fodder containing more than 0.9% of genetically modified organisms must be labelled. Before six months from the publication on the EU Official Gazette, every company will have to label their products. Each GMO will have its own ID code, in order to know what kind of genetic modification it went through. The threshold level for 13 not-authorized GMOs is 0.5%. If this threshold is overcome, the product is banned from the market.

Are legal ethics considered?
No. In Italy, there are no legal ethics pertaining to it.

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Is it legal to produce and sell genetically modified foods?
This is governed by EU law.

Is it legal to import genetically modified foods?
This is governed by EU law.

In Portugal, apart from soy and corn ingredients, all imports and trade of GM food is currently suspended (Decree-Law 12/2002, February). This suspension period is due to the uncertainties of GM impact on public health and the environment and it is aimed at allowing more time for reflection and study.

Who decides, what is legal?
This is governed by EU law but partly regulated at a national level.

In Portugal, the Ministry of Environment (Environment Institute) is responsible for the application of GM-related EU legislation. The Environment Institute is also responsible for the assessment of GMO-related risks to the environment.

Although all applications are suspended at the moment in Portugal, the official entity responsible for the certification, quality, and monitoring of GM planting is the Directorate-General for the Protection of Cultivars (DGPC), which is part of the Ministry of Agriculture, Rural Development and Fishing. The DGPC also conducts experimental research (not suspended).

The official entity responsible for the release of all food products in the Portuguese market is the Directorate-General for the Monitoring and Quality Food Control (DGFCQA). It is integrated in the Ministry of Agriculture, Rural Development and Fishing.

Must genetically modified foods be labelled?
This is governed by EU law but regulated at a national level.

In Portugal, GM plants and foodstuffs which contain or have been made from GM plants must be labelled according to EU guidelines. There are no additional specific regulations concerning the labelling of GM foods in Portugal.

Are legal ethics considered?
This is governed by EU law but partly regulated at a national level.

Except for the need to assess the risks both to health and the environment, Portuguese law does not include any specific reference on ethical aspects.

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Spain

Is it legal to produce and sell genetically modified foods?
This is governed by EU law.

Is it legal to import genetically modified foods?
This is governed by EU law.

In Spain, no genetically modified foods have been approved other than the ones allowed by the EU.

Who decides, what is legal?
This is governed by EU law but partly regulated at national level.

In Spain, laws are always made by the legislature while authorisations are granted by the Administration. Spanish standards are very strict about regulating genetically modified organisms, which is why the principle of precaution in the approval of new varieties always applies. For the commercialisation of the new varieties derived from genetic modification, an Order providing for their registration in the Commercial Varieties Register, published in the Official State Journal by the Ministry of Science and Technology, is required. As opposed to what happens with other varieties improved by other procedures, an obligatory Monitoring Plan is established to test on a commercial scale both the usefulness of the genetic modification and the impact on animal and plant species alien to the crop. When the new varieties require a new application of herbicide, prior authorisation for use through a Public Resolution from the Agriculture Department at the Ministry of Agriculture, Fisheries and Food is required, according to Royal Decree 2163/1994 which introduces the harmonised community system of authorisation for commercialising and using phytosanitary products. In the authorisation procedure the doses and conditions of use are determined to guarantee that when the phytosanitary products are authorised, they are sufficiently effective. There is also a test to ensure that they have no unacceptable effects on plants or plant products, including the possible presence of waste; nor unacceptable effects on the environment in general or in particular any harmful effect on human or animal health or on underground water.

Must genetically modified foods be labelled?
Yes, Community regulations are followed. For a genetically modified seed to appear on the market, the agreement of Community Regulation (CE) 258/97 on new foods and food ingredients is required if the crops or by-products may be intended for human consumption. That notification is published in the Official Journal of the European Communities and regulates both the authorisation and any possible labelling of the product. For the labelling of foods containing fractions or additives from genetically modified organisms, the terms of Community Regulations CE nos. 49/2000 and 50/2000 will be taken into account; they establish a threshold of 1% for exemption from labelling due to duly documented accidental contamination.

Are legal ethics considered?
No. Current Spanish legislation does not contain any mention of ethical aspects; it confines itself to food safety in relation to public health and the environment.

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European Union

Is it legal to produce and sell genetically modified foods?
A genetically modified food is generally produced using genetically modified plants.

If a scientist in the EU wishes to work with genetically modified plants his work must be approved in three different stages. Each stage is to be approved independently.

• Approval of the laboratories and incubators where the first trial is to be performed.
  
• Permission to carry out trial runs in the field under various safety precautions
  
• Permission for the seeds to be sold to the farmer and grown in the fields

Finally, companies have to have permission to market and sell a food that is produced using a genetically modified plant.

Is it legal to import genetically modified foods?
At the moment, only certain forms of genetically modified Soya beans, rape and sweet corn may be imported into the EU.

If a genetically modified food or ingredient is not approved for sale in the EU it may not be imported.

Certain foods however, identical to their non-genetically modified equivalent, may be imported provided that the EU is notified and the conformity documented. One example is genetically modified sugar - which is identical to non-genetically modified sugar. Rape seed oil is another.

Who decides, what is legal?
In Europe, the EU is mainly responsible for deciding what is legal with regard to genetically modified foods. Member countries must follow two sets of instructions from the EU.

• A Directive on release into the environment of genetically modified organisms (no. 2001/18/EC)
  
• The Regulation concerning novel foods and novel food ingredients (no. 258/97)

If authorities consider there to be a risk to people's health or to the environment, such genetically modified plants or foods will not be approved. The decision of the authorities is based on a risk assessment of the relevant plant or food.

Who handles the application depends on what it is about:

• Field trials: approval from the country where trial exposure is to be performed is sufficient.
  
• Sales to farmers: the marketing application must be approved for the whole of the EU.
  
• Sales to consumers: two main guidelines must be followed depending on the characteristics of the product. If a food is identical with the non-genetically modified equivalent, it is sufficient to inform the European authorities that the food will be sold to consumers. The similarities however are to be documented. If a genetically modified food is different from the equivalent non-genetically modified food it has to be approved throughout the EU before it can be released on supermarket shelves.

The approval required by the EU involves three steps:

• The company sends their application to one of the EU member countries. The relevant authority in the country comes to a decision over the application.
  
• If the authorities in the country approve the application, it is sent for hearing in all other EU countries.
  
• If the other EU countries have nothing to add, the application receives approval from the EU-commission. If the member countries have objections - the decision is put to a vote.
  

Must genetically modified foods be labelled?
In the EU, products containing traces of genetically modified substances are to be labelled as genetically modified. In other words - foods that are different from the corresponding non-genetically modified foods because they contain new substances in the form of proteins and genes, derived from gene-modification. The same rules apply to additives and flavourings.

Food not containing traces of genetic modification does not require labelling in the EU, not even when produced by genetically modified plants. For example, manufacturers need not label rape seed oil, produced by seeds from genetically modified rape plants. The rape seed oil contains no new substances in relation to non-genetically modified rape seed oil. Thus the oil is not regarded as different.

If a food unintentionally contains less than 1% genetically modified material, it is not to be labelled as genetically modified. This limit (the triviality limit), is fixed by the EU, because it can be difficult to avoid a certain chance contamination of non-genetically modified foods.

Milk and animal products, derived from animals fed with genetically modified feed, need not be labelled in the EU. This happens because the materials derived from genetic modification cannot be traced in the animal.

It may be in the future that foods, such as rape seed oil, will have to be labelled. A new proposal for labelling regulations is currently under consideration in the EU. The proposal is that all food produced on the basis of genetically modified plants will be labelled. Even if the foods contain no trace of the genetically modified material. The proposal does not concern labelling meat from animals fed on genetically modified feed.

Are legal ethics considered?
In 2001, for the first time, the EU- plan opened up to the fact that authorities can include ethical considerations in their resolutions. This occurred with the passing of the latest EU-directive regarding the release of genetically modified plants in to the environment.

The EU-directive states that the Commission will hear all the options stipulated for advising on ethical aspects of genetic modification. This can occur independently and at the request of others - for example the other member countries. The Commission will listen to the selection of ethical proposals of a general nature.

The EU-directive also states that the individual member countries should hear all the proposals, they have stipulated as guidance in relation to genetic modification.

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