| PURPOSE |
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The Guidelines on Voluntary Labelling of GM Food
(the Guidelines) set out the principles underlying the recommended
labelling approaches for GM food, and provide reference for the
trade to make truthful and informative labels in a consumer-friendly
manner.
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| BACKGROUND |
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2. The international community is working towards
a consensual system on GM food labelling. However, there is no consensus
on GM food labelling in the Codex Alimentarius Commission (Codex)
and it is unlikely that internationally agreed standards can be
established in the near future. Nevertheless, a number of countries
have introduced their own labelling requirements on GM food. In
order to enhance consumers' knowledge and right to make an informed
choice on GM food, the Centre for Food Safety (CFS) supports the
local food trade's initiative in setting up a voluntary labelling
system for GM food. A Working Group comprising representatives from
the food trade, the Consumer Council and the relevant Government
departments was set up by the Food and Environmental Hygiene Department
(subsequently taken up by the Centre for Food Safety (CFS)) to formulate
the Guidelines.
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3. The Guidelines are advisory in nature and
members of the trade are encouraged to adopt the Guidelines which
have been jointly developed by representatives of the trade, consumer
bodies and government departments. Members of the trade are reminded
that they should not falsely describe their food products, which
section 61 of the Public Health and Municipal Services Ordinance
(Cap 132) will apply. [An extract of this section is attached at
Appendix.] The guidelines will be updated as
and when necessary to reflect changes in technology and the international
developments of GM food labelling requirement. |
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| BASIC PRINCIPLES |
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| 4. The Guidelines embody the following
basic principles: |
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5. Principle 1: The Public Health and
Municipal Services Ordinance (Cap. 132) provides the legislative
framework for food safety control in Hong Kong. As stipulated in
section 61, no person shall give any food sold by him or display
with any food exposed for sale by him, a label, which falsely describes
the food. In addition, the Food and Drugs (Composition and Labelling)
Regulations require that any prepackaged food shall be marked and
labelled in the prescribed manner.
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6. Principle 2: The threshold level currently
applied in the Guidelines for labelling purpose is 5%, in respect
of individual food ingredient, taking account of adventitious mixing
of GM and non-GM crops during harvest, transportation, processing
and storage. This threshold level reflects a more pragmatic and
realistic level that the trade can achieve at this stage.
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7. Principle 3: Additional declaration
on the food label is recommended when significant modifications
have taken place under the following conditions –
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(a)
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the composition or nutritional value is significantly
different from that of its conventional counterpart;
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(b)
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the level of anti-nutritional factors or natural
toxicants is significantly different from that in its conventional
counterpart;
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(c)
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the presence of an allergen that is not found
in its conventional counterpart;
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(d)
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the intended use of the food is significantly
different from that of its conventional counterpart; or
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(e)
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an animal gene has been introduced into food
of plant origin.
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| 8. Principle 4: Negative labelling
is not recommended for food without GM counterparts, as it would be
misleading to consumers. |
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| SCOPE |
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| 9. The Guidelines are applicable to
prepackaged food that contains food or food ingredients that are known
to have a GM counterpart.1 |
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| DETAILED GUIDELINES |
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| Interpretation |
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| 10. The following definitions are applicable
to the Guidelines. |
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“genetically modified (GM) food”（基因改造食物）
refers to any food or food ingredient that is, or is derived from,
an organism in which the genetic material has been modified using
modern biotechnology;
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“GM free”（不含基因改造成分）
refers to any food ingredients absolutely free (i.e. zero) of GM
materials;
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“genetically modified organism (GMO)”
（基因改造生物）means
any organism in which the genetic material has been modified using
modern biotechnology;
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“ingredient”（配料）means
any substance, including any additive and any constituent of a compound
ingredient, which is used in the manufacture or preparation of a
food and which is still present in the finished product, even if
in altered form;
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“labelling” （標籤、加上標籤）,
in relation to a food, includes any words, particulars, trade mark,
brand name, pictorial matter or symbol relating to the food and
appearing on the packaging of the food or on any document, notice,
label, ring or collar accompanying the food;
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“modern biotechnology” （現代生物科技）
refers to the application of the following techniques that overcome
natural physiological reproductive or recombination barriers and
that are not used in traditional breeding and selection:
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(i)
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in vitro nucleic acid techniques, including
but not limited to recombinant deoxyribonucleic acid (DNA) and direct
injection of nucleic acid into cells or organelles, or
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(ii)
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fusion of cells beyond the taxonomic
family; |
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“prepackaged food”（預先包裝食物）
means any food packaged, whether completely or partially, in such
a way that –
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(a)
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the contents cannot be altered without
opening or changing the packaging; and |
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(b)
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the food is ready for presentation
to the ultimate consumer or a catering establishment as a single food
item. |
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| Positive Labelling |
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| 11. Any food items2
with 5% or more GM materials in their respective food ingredient(s)
should be labelled as “genetically modified” in parenthesis
following the name of the food/food ingredient in the list of ingredients.
Alternatively, the words “genetically modified” may appear
in a prominently display footnote to the list of ingredients, whereas
the ingredient concerned would be marked with an asterisk “*”.
However, the font size of the footnote should be at least the same
size as the list of ingredients. Examples are, |
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For whole food or food with single
ingredient3: |
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List of Ingredients: soya beans (genetically
modified)
配料表：大豆（基因改造）
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For processed food: |
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List of Ingredients: flour, soya flour
(genetically modified), water, sugar, butter, and walnut
配料表：麵粉，大豆粉（基因改造），水，糖，牛油，合桃
or
List of Ingredients: flour, soya flour*, water, sugar, butter, and
walnut
*genetically modified
配料表：麵粉，大豆粉*，水，糖，牛油，合桃
*基因改造 |
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Note:
If both the English and Chinese Languages are used in the labelling
of prepackaged food, the name of the food and the list of ingredients
shall appear in both languages.
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| 12. For any GM food with significant
modifications that have taken place under the following conditions
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(a)
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the composition or nutritional value is significantly
different from that of its conventional counterpart;
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(b)
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the level of anti-nutritional factors or natural
toxicants is significantly different from that in its conventional
counterpart;
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(c)
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the presence of an allergen that is not found
in its conventional counterpart;
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(d)
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the intended use of the food is significantly
different from that of its conventional counterpart; or
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(e)
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an animal gene has been introduced into food
of plant origin,
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the label should provide additional words in
conjunction with the name of the food or food ingredients to inform
consumers the changed characteristics. For example, product containing
soya bean that is genetically modified to contain high oleic acid
as an ingredient, the ingredient should be labelled as “soya
bean (genetically modified to contain high oleic acid)”.
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13. If any GM food and their products of plant
origin contain animal gene, additional information regarding the
origin of animal gene 4 following
the name of food ingredient is recommended. For example, a GM food
“xx” with gene from animal “A” can be labelled
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List of Ingredients: water, sugar, xx
(genetically modified, contains gene(s) from A)
配料表：水，糖，xx
(基因改造，含有來自A的基因) |
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| Negative Labelling |
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| 14. “GM free” and similar
labels (e.g. GMO free, free from GM ingredients, etc.) will give consumers
the impression that the food products so labelled are totally free
of GM content. Since there is the possibility of unintentional mixing
of GM and non-GM crops, a truly “GM free” status is very
difficult to attain. Such absolute terms may therefore be misleading
to consumers and are not recommended to be used. |
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| 15. Should the trade wish to apply negative
labelling other than “GM free” and similar labels to any
food ingredients derived from non-GM sources (which contains less
than 5% of GM content), the trade should ensure that there should
be documentation to substantiate such declaration. The trade is also
reminded to comply with the provisions laid down in Section 61 of
the Public Health and Municipal Services Ordinance (Cap 132). |
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| 16. In addition, any such negative labelling
is not recommended to indicate or imply that a certain food, as a
whole, is from non-GM sources, unless all of the concerned ingredients
in the product are derived from non-GM sources and have fulfilled
the requirement stated in para. 15. |
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| EFFECTIVE DATE |
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| 17. The Guidelines will come into operation
on 28 July 2006. |
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| Centre for Food Safety |
| Food and Environmental Hygiene Department |
| 28 July 2006 |
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1
Negative labelling is not recommended for food of which no GM varieties
have been produced, as it would be misleading to consumers.
2 Paragraph 11 does not
apply to food products, which do not contain detectable DNA or protein,
including highly refined food (such as sugar and oil) and highly
processed food, unless the food products have significant modification
that have taken place under the conditions as stated in paragraph
12.
3 Schedule 4 of the Food
and Drugs (Composition and Labelling ) Regulations exempts any food
consisting of a single ingredient to comply with the labelling requirements
imposed under paragraph 2 of Schedule 3 to the Regulations. However,
paragraph 3 of Schedule 3 provides that if any prepackaged food
which is exempted from paragraph 2 of Schedule 3 is marked or labelled
with a list of ingredients on its own initiative (regardless whether
the ingredients include the GM food), such list of labelling shall
comply with the labelling requirements imposed under Schedule 3.
4 No GM crops available
in the international market at present contain any animal genes.
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CHAPTER 132
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PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE
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Section 61 - False Labelling and Advertisement
of Food or Drugs
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(1) If any person gives with any food or drug
sold by him, or displays with any food or drug exposed for sale
by him, a label, whether or not the same is attached to or printed
on the wrapper or container, which -
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(a)
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falsely describes the food or drug;
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(b)
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is calculated to mislead as to its nature, substance
or quality,
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he proves that he did not know, and could not with reasonable diligence
have ascertained, that the label was of such a character as aforesaid. |
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(2) Subject to the provisions of subsection (3),
if any person publishes, or is partly to the publication of, an
advertisement, other than a label to which the provisions of subsection
(1) apply which -
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(a)
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falsely describes any food or drug;
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is likely to mislead as to the nature,
substance or quality of any food or drug, |
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he shall be guilty of an offence, and, in any
proceedings against the manufacturer, producer or importer of the
food or drug, it shall rest on the defendant to prove that he did
not publish, and was not a party to the publication of, the advertisement.
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| (3) In any proceedings for an offence
under subsection (2), it shall be a defence for the defendant to prove
either - |
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(a)
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that he did not know, and could not with reasonable
diligence have ascertained, that the advertisement was of such a
character as is described in that subsection; or
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(b)
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that, being a person whose business it is to
publish, or arrange for the publication of, advertisements, he received
the advertisement in the ordinary course of business.
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| (4) For the purposes of
this section, a label or advertisement which is calculated to mislead
as to the nutritional or dietary value of any food is calculated to
mislead as to the quality of the food. |
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| (5) In any proceedings under this section,
the fact that a label or advertisement in respect of which the offence
is alleged to have been committed contained an accurate statement
of the composition of the food or drug shall not preclude the court
from finding that the offence was committed. |
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| (6) In this section, save in so far
as it relates to drugs, references to sale shall be construed as references
to sale for human consumption. |
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