Labelling of Genetically Modified Soya and Maize

• What does this Fact Sheet cover?
• What legislation must I comply with?
• What does the legislation require?
• What foods are exempt from these labelling requirements?
• What are the labelling requirements for prepacked food?
• What are the labelling requirements for foods not prepacked or prepacked for direct sale?
• What are the labelling requirements for Caterers?
• What is a catering establishment?
• What about claims such as "GM free"?
• How do I know whether my products contain GM soya and maize?
• How do I keep my staff informed?
• Do I have to keep all my staff informed?
• Will I be expected to have my foods analysed for GM soya or maize?
• How will the requirements be enforced?
• What further guidance is available?

What does this Fact Sheet cover?

The requirements for labelling foods or providing consumers with information about foods, which contain genetically, modified Soya and maize.

What legislation must I comply with?

The Food Labelling Regulations 1996 as amended by the Food Labelling (Amendment) Regulations 1999 which came into force on 19th March 1999

What does the legislation require?

The law requires that the intended purchaser is informed at the point of choosing the food as to whether the food they are purchasing contains genetically modified (GM) Soya or maize.

What foods are exempt from these labelling requirements?

• All foods imported, manufactured, packed or labelled before 1st September 1998:
• Food additives derived from GM Soya/maize e.g. emulsifiers such as lecithin, flavourings etc: (NB: The European Commission is drafting legislation to cover additives)
• Food derivatives of GM soya/maize which contain no GM protein or DNA e.g. soya oil, maize oil, glucose syrup and starch hydrolysates.

What are the labelling requirements for prepacked food?

If the food bears a list of ingredients the ingredient itself can be listed as e.g. genetically modified soya or soya (genetically modified).

For a compound ingredient the phrase "produced from genetically modified soya" should appear after the name of the compound ingredients.

As an alternative an asterisk can be used after the words soya/maize in the ingredients list provided that the phrase "produced from genetically modified (soya) (maize)" appears prominently displayed at the end of the ingredient list.

The expression "genetically modified" may alternatively appear as a footnote in certain circumstances.

If the food does not bear a list of ingredients the phrase "produced from genetically modified (soya) (maize)" must appear clearly on the product label.

Please note that the abbreviation GM cannot be used to substitute for the words genetically modified which must appear in full.

What are the labelling requirements for foods not prepacked or prepacked for direct sale?

If the food does not bear a list of ingredients (in which case the advice above would apply) the words "produced from genetically modified (soya) (maize)" must appear clearly on the packaging.

As an alternative the food can be accompanied by a notice, ticket or label which can easily be read by the intended purchaser at the point of choosing the  food stating that the food is "produced from genetically modified (soya) (maize)".

As a further alternative where such food is sold to the consumer a general notice can be used e.g. "some of the food sold here may contain ingredients produced from genetically modified soya/maize or both. Please ask our staff for further information".

If this alternative is to be used your staff must be able to advise consumers appropriately at all times and you must have an established system which will ensure that this can be achieved.

What are the labelling requirements for Caterers?

Specific labelling can be used on individual menus or general menu boards which indicate which meals contain GM ingredients by the use of the words "produced from genetically modified soya/maize" under the description or listing for the food or meal concerned.

As a further alternative a general notice can be used e.g. "some of the food sold here may contain ingredients produced from genetically modified soya/maize or both.  Please ask our staff for further information".

If this alternative is to be used your staff must be able to advise consumers appropriately at all times and you must have an established system which will ensure that this can be achieved.

What is a catering establishment?

An establishment where food is prepared on the premises for delivery to the ultimate consumer and is ready for consumption without further preparation.  Examples would include restaurants, cafes, sandwich bars, pubs, take always, canteens, schools etc.  Vehicles, mobiles and stalls would also be included.

What about claims such as "GM free"?

It would be advisable not to use this claim unless you were entirely sure that it is correct.  You would be expected to have made all reasonable enquiries of your suppliers as to whether you were being supplied with non-GM foods/ingredients.

How do I know whether my products contain GM soya and maize?

If it is a prepacked product for a caterer, which is sold on as such to the consumer the information as to whether it contains GM soya or maize should be clearly indicated in the ingredients list.

In the case of food purchased without an ingredients list showing this information e.g. loose bulk items, the information will have to be sought from the supplier of the goods.

In order to be able to show that due diligence has been exercised in the event that the food could contain GM soya or maize.  You should always insist that the information is provided by your supplier as to whether or not GM soya or maize is present.  It would be advisable to have this information in writing.

How do I keep my staff informed?

In the case of a caterer or retailer who wishes to use general notices the law requires that you establish a  procedure for providing information to your staff which indicates to them which foods contain GM soya or maize.  (It was desirable, but is not a legal requirement to have this procedure in writing to help you demonstrate compliance)

You will need to obtain information from your suppliers as to whether GM soya or maize is present in the foods that you buy.

Do I have to keep all my staff informed?

In the case of a caterer or retailer who wishes to use general notices you will have to have at least one of your staff members available during opening hours and trained to answer any customer requests for information.

Will I be expected to have my foods analysed for GM soya or maize?

Unless you are a large manufacturer or packer you will not generally be required to have your ingredients or food analysed.  However, you are expected to be able to demonstrate that you have made all reasonable enquiries with your supplier as to whether GM soya or maize is being supplied to you.

How will the requirements be enforced?

Local authorities through their Trading Standards or Environmental Health Officers will advise on he requirements.  Analytical tests exist to detect whether foods have been genetically modified. Officers will take random samples for analysis.  Random inspection visits will also be made to check that information provided by notices is given or that staff can accurately provide information verbally on request.

What further guidance is available?

The Ministry of Agriculture, Fisheries and Food MAFF),  The Scottish Office, Welsh Office and Northern Ireland Office have published guidance notes on labelling of food containing genetically modified soya or maize, June 1999, Ref PB 4447.

For specific information and assistance please contact Trading Standards.

Contact Information
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