Archived press release

FSA amends advice to retailers on unauthorised GM rice following threat of legal action

6 October 2006

The Food Standards Agency (FSA) has issued new advice to British retailers on illegal GM rice, following the threat of a legal challenge by Friends of the Earth. It comes as the environmental campaign group revealed that more illegal GM rice found has been found in the UK, this time sold by supermarket chain Somerfield.

In a departure from its previous advice, the FSA is now advising food companies that "any rice known to be contaminated with GM material is illegal and should be removed from sale" [1]. A leaked memo revealed that the FSA had earlier told retailers that it did not expect them to test for contamination, or to remove any contaminated rice from their shelves.

This followed the announcement by US authorities that unauthorised genetically modified rice (Bayer's LLRICE601) grown experimentally in the US had contaminated long grain rice supplies. In August, the European Commission introduced emergency measures to prevent illegal GM rice being sold in the EU [2]. These measures are likely to be strengthened in the next two weeks.

Although the FSA's advice to retailers has changed, it is not clear what steps it has taken to ensure that the law is being enforced or that rice on retailers' shelves is being tested. Food retailers are responsible for not selling illegal GM foods, but the legal obligations for enforcing GM legislation falls on local authorities whose food authority functions are overseen and monitored by the FSA. So far, the FSA has not taken steps to ensure that rice on shelves is tested for illegal GM contamination and removed.

Since the contamination incident was announced, an increasing amount of contaminated GM rice has been discovered in twelve countries across Europe [3]. In the UK, illegal GM ingredients have been discovered in Morrison's, Tesco's, Sainsbury's and now Somerfield's long grain rice [4].

Friends of the Earth's GM Campaigner, Clare Oxborrow said

"The Food Standards Agency's response to this illegal GM contamination incident has been disgraceful. It has taken Friends of the Earth's threat of legal action to force the FSA to advise food companies that they should remove illegal GM rice from their shelves. The FSA should have issued this advice right from the start, instead of playing down the seriousness of the issue. The Agency is still refusing to carry out any testing of rice on shelves and still failing to require retailers to carry out such testing themselves.

"It also remains unclear whether the Agency is taking any steps to ensure that the law is properly enforced. The FSA should issue clear instructions to local food authorities to carry out thorough testing of US rice on the shelves and make sure that any contaminated products are detected and withdrawn. The FSA's failure to take action means that members of the public continue to be exposed to illegal GM rice."

Friends of the Earth took the first steps in mounting a legal challenge against the FSA on 15 September for its failure to take appropriate action to prevent illegal GM rice from being sold to the public [5]. The FSA has yet to respond to the letter from Friends of the Earth's lawyers.

Notes

[1] www.food.gov.uk/news/newsarchive/2006/oct/gmrice

"The Agency had previously advised retailers that it would not be proportionate to track down and remove all products from sale that contain LLRICE601 because they were not thought to pose an imminent risk to health.

However, the law states that no unauthorised GM material should be present in food on sale in the UK. Therefore the Agency is reminding food businesses of their responsibility to ensure that food they sell complies with the law. Any rice known to be contaminated with GM material is illegal and should be removed from sale."

[2] www.foe.co.uk/resource/press_releases/ ¬
eu_clamps_down_on_gm_rice_23082006.html

[3] www.foeeurope.org/GMOs/rice_contamination.htm

[4] Testing was carried out by an independent laboratory. The test does not confirm that the GM contamination is LLRICE 601, but there is no GM rice approved in the EU, so any presence of GM rice is illegal.

The affected product is Somerfield American Long Grain Rice 500g. Bar Code: 5 000192138906, Best before Jan 2008. The rice was purchased in Somerfield (Chapel Allerton) store on Harrogate Road in Leeds.

[5] www.foe.co.uk/resource/press_releases/ ¬
food_standard_agency_faces_18092006.html

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Published by Friends of the Earth Trust