Press
Legal opinion: Do not shift liability risks for new genetic engineering to the EU food industry!
Dr Georg Buchholz, GGSC law firm
Genetic engineering plans are not “business-friendly”
“The EU Commission's genetic engineering plans are not 'business-friendly', as is often claimed. In reality, the Commission is shifting costs and risks from one economic sector to another in a highly discriminatory manner. This is completely unacceptable and could become a major problem for the entire EU food industry, not just for the organic and 'Ohne Gentechnik' (Non-GMO) sectors.“
The biotech industry must assume the responsibility for liability
„It is obvious that those who develop and market genetically engineered products are liable in the event of damage and must actually settle compensation claims. Biotechnology businesses must take responsibility for the safety of their products. The existing legal loophole must be closed, for example, through a mandatory liability fund to which all manufacturers of new genetically engineered plants must contribute.
In addition, risk assessment and continuous labeling must remain mandatory for all types of genetically engineered products, including NGT,” states VLOG Board Member Christoph Zimmer (whose primary function is that of Managing Director of the Bioland association in the Land of Baden-Württemberg).
Minimum requirements for legislation on new genetic engineering
Any new genetic engineering legislation must ensure that all NGT products may only be placed on the market once their safety has been comprehensively tested and their usability in the food industry has been approved by the appropriate authorities, that all NGT products must be labeled throughout the entire food chain, and that NGT products may only be placed on the market if it is certain that biotech businesses are liable for any damage caused by their products.
Legal opinion: Food businesses responsible for product safety
According to the opinion, food businesses are responsible for the safety of their food. They are therefore liable for defective products, including those produced using new genetic engineering. For their developers, the biotechnology businesses, on the other hand, EU genetic engineering law does not contain any specific liability regulations.
Liability claims hardly enforceable, no insurance for genetic engineering risks
In the event of any damage, claims would primarily be brought against food producers 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 businesses abroad or businesses with limited assets. Food businesses 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 businesses
Special requirements apply to food businesses that place so-called novel foods on the market. They are responsible for safety tests and official registration as approved novel foods. According to the EU Commission's legislative proposal, the Novel Food Regulation will instead apply to many products of new genetic engineering that are no longer subject to genetic engineering law (the so-called “NGT1” products).
However, because the Commission's proposal only provides for labeling of seeds, but not of foodstuffs, this obligation is very difficult to implement. Food businesses 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 authorization.
In contrast, the EU Commission does not want biotechnology businesses to have to carry out any risk assessment for “NGT1” plants in future - and therefore for almost none of the new genetically engineered products.
New Polish genetic engineering proposal offers no solution
The new proposal from the Polish EU Council Presidency does not solve any of these problems and therefore cannot form the basis for future genetic engineering regulation in the EU.