Is Novel Food Genetically Modified Food?

The Novel Food Regulation (Regulation (EC) No. 258/97 of the European Parliament and of the Council of January 27, 1997 – NF-VO) regulates the approval of novel foods throughout Europe. Novel foods are foods that have not been marketed for consumption in significant quantities within the EU. These primarily concern foods or food ingredients with a new or deliberately modified primary molecular structure, e.g., fat substitutes, or foods isolated from microorganisms, fungi, algae, plants, or animals, and whose production involved an unusual process that resulted in a significant change in their composition or structure. These foods primarily concern previously unknown foods from other cultures, exotic fruits, and even designer foods. Electrolyte drinks for athletes, for example, can be considered designer foods. These foods require a special approval procedure. They are only permitted if the product is safe for human health. Additionally, these foods must be labeled accordingly.

Genetically modified foods generally do not fall under the definition of novel foods and therefore are not subject to the NF Regulation. Regulation (EC) 1829/2003 has applied to genetically modified foods in the EU since April 2004. It covers foods and food ingredients (including additives and flavorings) that are, contain, or are produced from genetically modified organisms.

Conclusion: Novel foods are not genetically modified.

This publication can also be found on the website of the law firm Dr. Kauch .