What does this guidance note cover?
What does the legislation require?
Which foods are exempt from these labelling requirements?
What are the labelling requirements for Caterers?
What is a catering establishment?
What about claims such as "GM-free"?
How do I know whether my products contain GM soya and maize?
How do I keep my staff informed?
Do I have to keep all my staff informed?
Am I expected to have my foods analysed for GM soya or maize?
How are the requirements enforced?
What does this guidance note cover?
The requirements for labelling foods, or providing consumers with information about foods
that contain genetically modified ingredients and, in particular, GM soya and maize.
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What does the legislation require?
The law requires that the final consumer and caterers are informed, at the point of sale, as to whether the food they are purchasing contains genetically modified (GM) soya or maize. (In the UK, maize flour is described as "cornflour".)
There are a number of exemptions from this requirement.
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Which foods are exempt from these labelling requirements?
GM tomato puree/paste and GM rennet used to make cheese (although voluntary labelling is commonly applied);
Food derivations of GM soya/maize which contain no GM protein or DNA, e.g. soya oil, maize oil.
What are the labelling requirements for pre-packed foods?
If the food bears a list of ingredients, the ingredient itself can be listed as, e.g. genetically
modified soya or soya (genetically modified).
As an alternative, an asterisk can be used after the words soya/maize in the ingredients list, provided that the phrase "produced from genetically modified material" appears at the end of the ingredients list.
If the food does not bear a list of ingredients, the phrase "produced from genetically
modified soya/maize" must appear clearly on the product label.
Please note that the abbreviation "GM" cannot be used to substitute for the words "genetically modified", which must appear in full.
What are the labelling requirements for foods sold loose or prepacked on the premises where it is sold?
For foods pre-packed on the premises where it is sold, the words "produced from genetically modified soya/maize" must appear clearly on the packaging.
As an alternative, the food can be accompanied by a notice, ticket or label that can easily be
read by the intended purchaser at the point of sale, stating that the food is "produced from genetically modified soya/maize".
As a further alternative, a general notice can be used, e.g.
"some of the food sold here contains ingredients produced from genetically modified soya/maize or both. Please ask our staff for further information"
If this alternative is to be used, your staff must be able to advise consumers appropriately at all times and you must have an established system that will guarantee that this can be achieved.
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What are the labelling requirements for Caterers?
Specific labelling can be used on individual menus or general menu boards, which indicates which meals contain GM ingredients, by the use of the words "produced from genetically modified soya/maize" under the description or listing for the food or meal concerned.
As a further alternative, a general notice can be used, e.g.
"Some of the food sold here contains ingredients produced from genetically modified soya/maize or both. Please ask our staff for further information."
If this alternative is to be used, your staff must be able to advise consumers appropriately at all times and you must have an established system that will guarantee that this can be achieved.
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What is a catering establishment?
An establishment where food is prepared on the premises for delivery to the ultimate consumer and is ready for consumption without further preparation. Examples would include restaurants, cafés, sandwich bars, pubs, takeaways, canteens, schools, hotels and guest houses, etc.
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What about claims such as "GM-free"?
It would be advisable not to use this claim unless you were entirely sure that it was correct. You would be expected to have made all reasonable enquiries of your suppliers as to whether you were being supplied with non-GM foods/ingredients.
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How do I know whether my products contain GM soya and maize?
If it is a pre-packed product for a caterer, the information as to whether it contains GM soya
or maize must be clearly indicated in name or in the ingredients list.
In the case of food purchased without an ingredients list, i.e. loose/bulk items, the information will have to be sought from the supplier of the goods.
If you supply a product, but fail to label it correctly as described above, then you commit a criminal offence. However, you may have a defence if you can show that you took reasonable steps to avoid such an error. We therefore strongly recommend that you should always insist the information provided by your supplier is in writing. You will then be in a position to prove that you were acting on that information in deciding to label, or not to label, your food with the required GM information.
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How do I keep my staff informed?
In the case of a caterer or retailer who wishes to use general notices, the law requires that you establish a written procedure for:
Obtaining information from your supplier as to whether GM soya (or maize) is present in the foods that you buy;
Providing written information to your staff which indicates to them which meals contain GM soya (or maize).
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Do I have to keep all my staff informed?
In the case of a caterer or retailer who wishes to use general notices, you will have to have one of your staff members available during opening hours to answer any customer requests for information.
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Am I expected to have my foods analysed for GM soya or maize?
Unless you are a large manufacturer or packer, you will not generally be required to have your ingredients or foods analysed. However, you are expected to make all reasonable enquiries with your supplier as to whether GM soya or maize is being supplied to you.
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How are the requirements enforced?
Trading Standards Officers working for Bournemouth Borough Council enforce the requirements in the Bournemouth area. Analytical tests exist to detect whether foods have been genetically modified. Officers’ powers include the ability to take samples for analysis, inspect premises for compliance, and make test purchases posing as consumers in order to check that the required information is accurately given to the consumer.
Bournemouth Trading Standards’ business advice service can be contacted for further help and guidance at: -
Public Protection
Town Hall
St Stephen’s Road
Bournemouth, BH2 6LL
Telephone: 01202 451400
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