What does the EC Genetic Engineering Implementation Act actually regulate?
Dr. Petra Kauch
One of the laws that is rather unknown in practice is the EC Genetic Engineering Implementation Act.
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The EC Genetic Engineering Implementation Act (EGGenTDurchfG) not only has an almost unpronounceable abbreviation, but also a cumbersome title. Its full title is: Act Implementing the Regulations of the European Community and the European Union in the Field of Genetic Engineering and on the Labeling of Foodstuffs Produced Without the Use of Genetic Engineering Techniques. It has existed since June 23, 2004, and was most recently amended by the Act of July 27, 2021 (Federal Law Gazette I, p. 3274). Primarily, it regulates the responsibilities of the Federal Office of Consumer and Food Safety (BVL) and the Federal Ministry of Food and Agriculture (BMEL). With regard to the BVL, it regulates its responsibilities with regard to applications under Regulation (EC) No. 1829/2003, i.e., the authorisation of genetically modified food and feed. It also standardizes the requirements for the labeling of food produced without the use of genetic engineering techniques (Section 3a EGGenTDurchfG) and the detection (Section 3b EGGenTDurchfG) of GMOs in food and feed. The respective state authorities are responsible for monitoring (Section 4 EGGenTDurchfG). Annex Section 3a EGGenTDurchfG lists the periods – broken down by animal species – within which the feeding of GMO feed is prohibited. For example, for dairy animals, feeding of GMO feed is prohibited within three months and permitted thereafter. With regard to the BMEL, its function as a contact point is regulated by the Cartagena Protocol on Biosafety to the Convention on Biological Diversity. Accordingly, the EGGenTDurchfG only applies to the production of food and feed and to feeding in agriculture. For work in the genetic laboratory, the BMEL’s responsibility for questions under the Cartagena Protocol is regulated there at most.