Regulation of Food Produced Using Gene Technology

Food produced using gene technology is regulated by Standard 1.5.2 - Food Produced Using Gene Technology, of the Australia New Zealand Food Standards Code and is defined by the Standard as:
Food which has been derived or developed from an organism which has been modified by gene technology [1].
2.1.1 Safety Assessment of Food Produced Using Gene Technology

Standard 1.5.2 prohibits the sale and use of a food produced using gene technology unless it is included in the Table to clause 2 of the Standard and complies with any special conditions specified by that Table. The Standard requires Food Standards Australia New Zealand (FSANZ) to assess the safety for human consumption of each food or class of food prior to its inclusion in the Table. The safety assessment must be performed according to the Authority' s approved safety assessment criteria [2].

Currently 20 GM foods are approved for human consumption under the Standard [1].
2.1.2 Labelling of GM Food

All foods produced using gene technology must be safety assessed by FSANZ prior to release onto the market for human consumption. Hence, the labelling of GM food is not a safety issue but rather is one of consumer information and enables consumers to make a choice regarding selecting the food they wish or do not wish to consume [3].

In December 2001 the labelling provisions of Standard 1.5.2 came into force which require GM food to be labelled with the statement ‘genetically modified’ [1].

GM food is defined as:
Food that is, or contains as an ingredient, including a processing aid, a food produced using gene technology which:
• contains novel DNA and/or novel protein; or
• has altered characteristics [1].

GM food does not include:
• highly refined food, other than that with altered characteristics, where the effect of the refining process is to remove novel DNA and/or novel protein;
• a processing aid or food additive, except where novel DNA and/or novel protein from the processing aid or food additive remains present in the food to which it has been added;
• flavours present in the food in a concentration no more than 1g/kg; or
• a food, ingredient, or processing aid in which genetically modified food is unintentionally present in a quantity of no more than 10g/kg per ingredient [1] [18].

Standard 1.5.2 is silent with regard to negative label claims regarding the GM status of a food or ingredient such as 'GM free', ‘GMO free’ or ‘non-GM’. The Standard does not prescribe statements to be used for negative label claims nor does it prohibit the use of negative claims. Negative claims are made by food businesses on a voluntary basis. However such claims are subject to the fair trading requirements of the Australian Trade Practices Act 1974. Food businesses must ensure any claims made are not false, misleading or deceptive.

2.2 Australian Pilot Survey for GM Food Labelling

Following commencement of the GM food labelling requirements of Standard 1.5.2 of the Australia New Zealand Food Standards Code (in December 2001), a small preliminary examination in the form of an Australian pilot survey of corn and soy derived food products was undertaken to ascertain:
• how food businesses are adapting to the need to comply with the GM food labelling provisions of Standard 1.5.2 and the need to determine the GM status of ingredients used in their products; and
• the usefulness of document surveys to regulatory authorities in determining compliance or non-compliance with the mandatory GM food labelling requirements, as an alternative to undertaking Polymerase Chain Reaction (PCR) testing.