Labelling of GMO products : an analysis of the legal issues and practical implications

Abstract

Only little more than a decade ago, the term 'genetic modification' was hardly known outside research laboratories. Nowadays it makes headlines in the news, since genetically modified organisms are nowadays widely used around the world, with different widespread applications, including the agricultural and food sector. Many consumers however are unaware that they are consuming genetically modified products. These genetically modified products of which food forms the greater part, present numerous challenges, including environmental, health, ethical and also legal ones. This dissertation deals with the legal aspects of labelling of these genetically modified products. The first chapter The Precautionary Principle and Genetically Modified Organisms is dedicated to the regulation of the so-called 'risk technology' through the application of the precautionary principle. This principle is aimed at preventing and managing of risk which genetically modified organisms have triggered in various areas including environment, health and in the realm of food law. The second chapter A Short History of the GMO Labelling Regime in the European Union turns to the main issue of this dissertation, namely labelling. This chapter gives a brief description of the concept of labelling and how it evolved vis-à-vis genetically modified organisms in Europe up to 2001. The third chapter Labelling and Traceability in the European Union gives an in depth picture of the two legal regulations which were enacted recently and which form Europe's legal framework with regards to genetically modified organisms. The fourth chapter GMO Labelling Regimes in Different Countries is mainly a comparative study. Particular attention is given to the different laws of several countries governing the labelling of genetically modified products. The fifth chapter The World Trade Organization and the Labelling of GMOs as already indicated in its title, address the applicable agreements found under the World Trade Organization for the labelling and traceability of such products and the direct implications which arise under the same agreements with respect to their labelling, and the dispute which arose between the European Community and some other countries on the issue of labelling. Chapter six is a conclusion and also a critical appraisal of the existing legislative framework and some proposals which are intended to complement the existing legal framework and aimed to help more the consumer to be better informed. Most of the information collected for this dissertation was accessed through the internet, which proved to be a vital source. This dissertation is also backed by information which I collected from many books, legal and scientific journals, newspapers and other relevant sources of information.