Issued by Department of Health
18 September 2008
After the Department of Trade and Industry portfolio committee decided this week to include a clause in the Consumer Protection Bill, which makes it mandatory to label food which contains genetically modified organism, the Department of Health's view on the matter is as follows:
The Department of Health is of the view that in light of capacity constraints and the inevitable impact that mandatory labelling will have on the price of, among others, an important staple food such as maize resulting from the implementation of an effective identity preservation system required to ensure the truthful labelling of foodstuffs containing GMO's, and the implications thereof for especially the section of the population already suffering from the consequences of poverty, the current regulations of the Department of Health are considered appropriate until such time that the Codex Committee of Food Labelling has finalised the matter. Codex has been debating the issue for a number of years with no standard or guidance document being finalised as of the last meeting held earlier this year.
The current Regulation Governing the Labelling of Foodstuffs Obtained through Certain Techniques of Genetic Modification, No. R. 25 of 2004 under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act 54 of 1972) has both voluntary and mandatory stipulations for the labelling of GM food. It is largely voluntary where if substantial equivalence of the GM foodstuff to its non-GM counterpart is established (via risk assessment) then the foodstuff is not required to be labelled. If the GM foodstuff is nutritionally or compositionally non-equivalent to it non-GM counterpart it requires to be labelled. In addition, should the GM foodstuff have differing requirements for storage, preparation or cooking or if the GM is likely to contain an allergen (not present in non-GM counterpart), it is mandatory that it be labelled.
The above mandatory stipulations are based on non-equivalence to the non-GM counterpart. There are however, mandatory stipulations for labelling regardless of equivalence to the non-GM counterpart. The Regulations also make provision for enhanced characteristic claims which indicates that such claims need to be verified by an appropriate certifying body accredited to the South African National Accrediting Services (SANAS) and that claims are limited to 'genetically-enhanced foodstuff' or "genetically-improved foodstuff'.
However, if the clause is included in the Consumer Protection Bill and passed, we would call on all the parties concerned and advised them accordingly so that the implementation of the clause does not lead to unintended consequences.
Contact: Food Control Director Mr Andries Pretorius (012) 312 000 or Media Liaison Officer Charity Bhengu 083 679 7424