Foot-drag on GM labelling regulations is slammed

Delay over task team angers lobby group

N ENVIRONMENTAL lobby group has criticised as “absolutely scandalous” a task team set up by National Consumer Council Commissioner Mamodupi Mohlala that effectively puts the implementation of the mandatory labelling of genetically modified foodstuffs on hold.

Under the Consumer Protection Act, since October 1, food producers, importers and packagers would have been required to choose one of three mandatory labels for genetically modified foods and marketing materials.

But the food industry has not embarked on widespread labelling of genetically modified ingredients because Mohlala recently appointed a task team of officials from the Departments of Health and Agriculture to provide her with more information about genetically modified organisms (GMOS).

This has angered Mariam Mayet, of the African Centre for Biosafety.

“Industry has always opposed the GM labelling and we have to wonder whether the commissioner has been lobbied to delay these regulations,” she said.

“We’ll definitely be seeking legal assistance because we may get better relief from the courts than legislation and commissioners meant to protect the rights of the consumer to know.”

Mayet said it was a disgrace that there should be unnecessary and protracted delays in the labelling regime after a decade-long wait to get the legislation enacted into law.

“This is the first time I have heard that the National Consumer Commission can override legislation – and suspend legislation. Where would she get such legal authority? This issue has been dealt with ad nauseam with government and we find this to be totally and absolutely unacceptable. When did they advise consumers of this?

“So, we have to remain in the dark while she (Mohlala) is becoming au fait with the issue. This is rubbish. We have laws that must be implemented. We do not understand or accept this. “Is it even constitutional?” GMOS are produced artificially by genetic engineering where genes are taken from unrelated species, such as viruses or bacteria, and inserted into crops and pose “unacceptable risks to human and animal health, the environment and society”, according to the centre.

Neither the commissioner’s office nor the Department of Trade and Industry had responded at the time of going to press.

In SA, any product containing maize, soy or cotton has a high probability of containing GMOS, which

Ameans few food products are likely to be labelled as not containing GMOS. The regulations allow for up to 5 percent contamination of GM before a label is triggered as “containing GMOS”. Where the food is produced directly from GMO sources, there will be no need for testing and food must be labelled as “produced using genetic modification”. Industry can also opt for “may contain GMOS” labels where it is able to argue that it is scientifically impractical and not feasible to test food for GM content.

Some food producers said this week they were starting to label their products.

“Most of the affected products are within grains, mainly under the ACE brand, and we have made appropriate changes to labelling in anticipation of the regulations,” said Bongiwe Njobe, of Tiger Brands.

“While the general labelling regulations were published for comment and allowed for a two-year year implementation phase, the expectations on GM labelling were concluded later and you may have products on the shelf that still have old packaging.”

Premier Foods spokeswoman Yolanda Leger said it had also started to label some of its products.

“Premier is labelling on the back panel of our bags, under the nutritional panel, that the product may contain GMOS. On the shelf at the moment, you will see that the 2.75kg Iwisa and the 10kg and 12.5kg have this on the bag. The 1kg and 5kg should have them on the bag towards the end of the month. We’re phasing in new packs.”

Melinda White, regulations and legal affairs officer at Pick n Pay, said it “strongly supports GM labelling as far as is practical because this gives a degree of transparency” for customers and allows them freedom of choice.

“However, the Commissioner of the National Consumer Council Mamodupi Mohlala has decided to put the implementation of the regulation pertaining to the labelling of GM foods on hold until such time as she is fully cognisant of the issues around GM.

“Pick n Pay is waiting for feedback from the commissioner and has not done any GM labelling on food products,” she said.

But Mayet said it was unacceptable that the government made “paper tiger” legislation.

“What is the use of this legislation if after 10 years of campaigning we find ourselves in this position? We’re looking at a good 2 million hectares in SA of GM food maize that enters our food supply. How can it not be labelled? How can you not give consumers a choice? The tests that are being conducted are indicating gross human health risks.”