Unauthorised 'Bt63' genetic modification in rice and rice products from China
Wednesday 9 April 2008
Food Alert: for Action
Ref: 18/2008
An emergency measure adopted by the European Commission will apply from 15 April 2008.
The emergency measure will require imports of the products specified in the Annex to the Commission Decision (see the table below) originating or consigned from China to be certified as free of the unauthorised genetically modified organism “Bt63”. National legislation to implement the Decision in England has been prepared and is being submitted for Ministerial consideration in the week commencing 14 April 2008 under the title of 'The Specified Products from China (Restriction on First Placing on the Market) (England) Regulations 2008'. Further information on this legislation will be issued in due course.
The Commission Decision specifies that, from 15 April 2008, the products originating in or consigned from China and falling within the Commodity Number codes listed in the Commission Decision (see the table below) , may only be placed on the EU market if either:
- they are accompanied by an original analytical report issued by an official or accredited laboratory which demonstrates that the product does not contain, consist of, or is not produced from the genetically modified organism 'Bt63'
or
- satisfactory results of analysis are received by the food authority at the point of entry to the European Union (EU), following sampling carried out by or under the supervision of that authority
The measure also requires that Member States take appropriate measures, including random sampling and analysis concerning the products listed in the Annex of the Commission Decision (see the table below) presented for importation or already on the market.
Regulation (EC) No. 1829/2003 on Genetically Modified Food and Feed stipulates that food and feed containing genetically modified material cannot be placed on the EU market unless the associated genetically modified organism has been authorised under the Regulation, following a rigorous safety assessment. Material from unauthorised genetically modified organisms in food or feed is not permitted at any level. 'Bt63' rice is a genetically modified organism which is not authorised and, as such, may not be placed on the EC market in food or feed. To do so would be an offence against Article 4(2) of the EC Regulation and an offence in English law under either Regulation 5(1) of the Genetically Modified Food (England) Regulations 2004 or Regulation 5(1) of the Genetically Modified Animal Feed (England) Regulations 2004.
The Agency considers that this unauthorised GM material should be considered 'unsafe' within the meaning of that term in Article 14 of Regulation (EC) 178/2002 (General Food Law). The Agency is not, at the moment, aware of any specific health implications for consumers who eat rice products containing 'Bt63'.
Products affected
| Product | Commodity Number Code |
|---|---|
| Rice in the husk ('paddy' or rough) | 1006 10 |
| Husked (brown) rice | 1006 20 |
| Semi-milled or wholly milled rice, whether or not polished or glazed | 1006 30 |
| Broken rice | 1006 40 00 |
| Rice flour | 1102 90 50 |
| Rice groats and meal | 1103 19 50 |
| Rice pellets | 1103 20 50 |
| Flaked rice grains | 1104 19 91 |
| Rolled or flaked cereal grains (excluding grains of oats, wheat, rye, maize and barley, and flaked rice) | 1104 19 99 |
| Rice starch | 1108 19 10 |
| Preparations for infant use, put up for retail sale | 1901 10 00 |
| Uncooked pasta, not stuffed or otherwise prepared, containing eggs | 1902 11 00 |
| Uncooked pasta, not stuffed or otherwise prepared, not containing eggs | 1902 19 |
| Stuffed pasta, whether or not cooked or otherwise prepared | 1902 20 |
| Other pasta (other than uncooked pasta, not stuffed or otherwise prepared, and other than stuffed pasta, whether or not cooked or otherwise prepared) | 1902 30 |
| Prepared foods obtained by swelling or roasting cereals or cereal products, obtained from rice | 1904 10 30 |
| Preparations of the Muesli type based on unroasted cereal flakes | 1904 20 10 |
| Prepared foods obtained from unroasted cereal flakes or from mixtures of unroasted cereal flakes or swelled cereals, obtained from rice (excluding preparations of the Muesli type on the basis of unroasted cereal flakes) | 1904 20 95 |
| Rice, pre-cooked or otherwise prepared, not elsewhere specified or included (excluding flour, groats and meal, food preparations obtained by swelling or roasting or from unroasted cereal flakes or from mixtures of unroasted cereal flakes and roasted cereal flakes or swelled cereals) | 1904 90 10 |
| Rice paper | ex 1905 90 20 |
| Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of rice with a starch content not exceeding 35% by weight | 2302 40 02 |
| Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of rice other than with a starch content not exceeding 35% by weight | 2302 40 08 |
| Peptones and their derivatives; other protein substances and their derivatives, not elsewhere specified or included; hide powder, whether or not chromed | 3504 00 00 |
Further information on products affected will be revised as and when appropriate.
Action to be taken by local authorities
Local authorities are requested to identify the food/feed business operators in their local area who may trade in potentially affected products. In identifying potentially contaminated products, enforcement authorities may find it helpful to seek guidance from food/feed business operators, such as wholesalers, large Chinese supermarkets or manufacturers as to whether any of the stock imported may contain Chinese origin rice or rice products that have been consigned direct from third countries to the UK. Where food authorities identify that inbound consignments of rice/rice products are intended for feed use, they are asked to liaise with the relevant feed authorities.
Businesses should be advised that products which are found to contain, consist of, or to have been produced from, GM rice 'Bt63' should not be placed on the market. The food business operators should inform enforcement authorities if such rice has left their possession, initiate procedures under Article 19 of Regulation (EC) 178/2002 from 15 April 2008 to withdraw and to recall it if it has reached the consumer. Enforcement authorities have powers to enforce this requirement under Regulation 6 of the General Food Regulations 2004.
If sampling activity is determined to be appropriate, the Decision states that account should be taken of the Commission Recommendation 2004/787/EC on technical guidance for sampling and detection of genetically modified organisms and material produced from GM organisms. Local authorities may wish to consider, if appropriate, to adjust their current sampling and surveillance activity for GM contaminants.
Further to the arrangements made by the Food Standards Agency, samples should be submitted for analysis in the usual way via the Public Analyst network. The method used should be that of Mäde et al (2006). The publication reference for this method is Eur. Food Res. Technol, 224:271-278. The Agency has published guidance on GM sampling which can be found at the link below.
Local authorities may also refer to the advice on sampling and analysis given in the Section 6 of both the Food Law Code of Practice and the associated Practice Guidance.
Positive and negative results need to be reported to the Food Standards Agency using a food incident report form at the link below. These results will then be reported to the European Commission.
Local authorities may wish to detain any food/feed pending the results using their enforcement powers under the Section 9 of the Food Safety Act 1990 or the Feed (Hygiene and Enforcement) (England) Regulations 2005 unless the product is identified at ports of entry, when powers contained in the Official Feed and Food Controls (England) Regulations 2007 would be more appropriate.
If the food/feed fails to comply with food/feed law, enforcement officers should ensure that the appropriate enforcement action is taken, if necessary using powers available under the Food Safety Act 1990 or the Feed (Hygiene and Enforcement) (England) Regulations 2005 unless the product is identified at ports of entry, when powers contained in the Official Feed and Food Controls (England) Regulations 2007 would be more appropriate, and notify the Food Standards Agency accordingly.
It is essential that all Non-Unitary Authorities liaise at county level to ensure that they co-ordinate their actions.
Related links
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