The proposed relaxing of gene editing rules in the EU would shift safety testing and liability risks for plants produced with new genetic engineering and the products derived from them from biotechnology companies to the food industry, warns the German Association for Food without Genetic Engineering (VLOG). At the same time, the UK is pressing ahead with plans for adopting gene-editing policies.

A new legal opinion by the Berlin law firm GGSC on behalf of VLOG (a European Non-GMO Industry Association member) highlights the until now “unnoticed consequences” of the European Commission’s (EC) genetic engineering deregulation plans.

Safety testing concerns

VLOG brands the new plans “unfriendly” and urges changes to a “loophole” which is expected to put an unnecessary burden on the food industry. The organization claims the EC is unfairly shifting costs and risks from one sector of the economy to another.

“This is completely unsustainable and can become a major problem for the entire EU food industry, not just the organic and non-GMO sectors,” it says. 

“The proposal creates winners and losers. If the proposed legislation is passed without any significant changes, the winners in the agri-food sector would be biotech and seed companies that develop and market New Genomic Techniques (NGTs). The losers would be EU food companies, i.e. farmers, manufacturers, processors and food retailers.”

Who should be liable?

Furthermore, VLOG urges that biotechnology companies must take responsibility for liability. Those who develop and sell genetically engineered products are liable in the event of damage and must actually pay for claims for damages, notes VLOG. 

“In addition, risk assessment and continuous labeling must remain mandatory for all types of genetically engineered products, including NGT,” adds VLOG board member Christoph Zimmer and managing director at Bioland Baden-Württemberg.

VLOG also stresses that new genetic engineering legislation must ensure that all NGT products may not be placed on the market until their safety has been fully assessed and their usability in the food industry has been approved by the authorities, that all NGT products must be labeled throughout the food chain, and that NGT products may only be placed on the market if there is a guarantee that biotechnology companies are liable for damage caused by their products.

Under new proposals, food manufacturers and retailers would primarily be held liable in the event of damage.

Wolfgang Ahammer, ENGA board member and general manager sales, marketing, IT, logistics, Oils For Life, states: “Unbelievable but true: if a GMO in food causes harm, the food sector would be held liable and is very likely to be left holding the bag. Those who profit from genetically engineered products must also be accountable for their safety.’” 

It’s time to close legal gaps and ensure biotech companies compensate for any damage — through measures like a mandatory liability fund for GMO manufacturers.”

“To prevent the food industry from running the full risk of liability, it is essential that risk assessment and labelling across the entire food and feed chain remain mandatory for all GMOs, including NGT plants.”