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Legal opinion: "Ohne Gentechnik" must also exclude New Genetic Engineering
"Ohne Gentechnik" advertisement at Berlin Central Station, Photo: Holger Groß
"‘Ohne Gentechnik’ will continue to exclude all forms of ‘new genetic engineering’ (NGT). Consumers rightly expect this anyway. It is now also clear that, from a purely legal standpoint, there is no other option. This presents the industry with new challenges, but at the same time will further enhance the value of ‘Ohne Gentechnik’," said VLOG Managing Director Alexander Hissting.
GMO labelling requirements to be significantly restricted
The upcoming new EU regulations are expected to dilute significantly the existing regulations for a large proportion of future plants derived from NGT, known as "NGT 1". Safety assessments and authorisation procedures are to be waived for these crops, and the current requirement for GMO labelling right through to the final product is to be abolished; only the respective seed would need to be labelled.
"NGT 1" plants remain legally classified as GMOs
Nevertheless, even under the planned new regulations, such "NGT 1" plants will continue to be legally classified as "genetically modified organisms" (GMOs). This means that they must be excluded under "Ohne Gentechnik" labelling in exactly the same way as "traditional" genetic engineering.
NGT Regulation does not alter the definition of GMOs
This is the conclusion reached by attorneys-at-law Dr Georg Buchholz and Tessa Krabbe (GGSC, Berlin) in their new legal opinion: "Category 1 NGT plants are genetically modified plants according to the clear definition of NGT plants in Article 3(9) of the NGT Regulation". They are therefore GMOs within the meaning of the relevant EU directives and regulations as well as the German Genetic Engineering Act (GenTG). The NGT Regulation does not alter the definition of GMOs or the fact that Category 1 NGT plants remain GMOs.
"NGT 1" is also illegal under the "Ohne Gentechnik" label
Therefore, according to the legal basis for the "Ohne Gentechnik" label in the German EC Genetic Engineering Implementation Act (EGGenTDurchfG), even after the planned NGT Regulation enters into force and takes effect, "Category 1 NGT plants and their products are just as prohibited for the production of GMO-free food as the use of other GMOs", according to the opinion.
"NGT 1" is explicitly prohibited in organic products
Further confirmation of this assessment is the explicit prohibition of "NGT 1" in organic products. The EGGenTDurchfG generally aims to impose requirements on "Ohne Gentechnik" that are comparable to those for organic products regarding the absence of genetic engineering. The prohibition on misleading advertising under food law and general competition law also supports this, as consumers would expect the exclusion of new genetic engineering in "Ohne Gentechnik".
A solution to the lack of mandatory labelling for "NGT 1" feed?
When it comes to animal products such as milk, cheese, eggs and meat, Dr Georg Buchholz and Tessa Krabbe see a problem in that the previous "principle of reliability of mandatory labelling for the use of feed" is being lost as a result of the new NGT regulations. Farmers would therefore no longer be able to readily determine whether feed is GMO-free and would have to obtain binding declarations from their suppliers regarding the exclusion of "NGT 1". The attorneys therefore propose examining "whether and to what extent information requirements regarding the presence of Category 1 NGT plants and their products in the supply chain" are permissible at national level.
Possible new EU regulations: Will GMO-free products soon be recognisable only by a seal?
Survey: "Ohne GenTechnik" should not include any new genetic engineering either