restrictions on importation of rice products from USA and China

New regulations implementing updated European Commission emergency measures on imports of rice from the USA came into force on 7 March 2008.  These deal with the import of long grain rice from the USA which contains the unauthorised genetically modified LLRICE601.

Previous measures first introduced in 2006 required the sampling and testing of all consignments of rice imported from the USA. The new amendment introduces updated certification requirements and removes the requirement for repeat testing at the point of import into the EU. These amendments were made following the implementation of a control programme in the US that aimed to avoid the presence of contaminated rice in the 2007 harvest. US testing methods have also been amended to match the sensitivity of those used in the EU.

The new legislation, the Rice Products from the United States of America (Restriction on First Placing on the Market) (England) Regulations 2008, prohibit the first placing on the market of any "rice product", except where:

  • it is accompanied by a statement from the food business operator responsible for the consignment that the product only contains rice from the 2007 or a subsequent harvest that was subject to the plan of the USA Rice Federation aiming to remove "LL Rice 601" from the US export channels; and
  • it is accompanied by an original analytical report satisfying specified requirements and confirming that the product does not contain the genetically modified rice "LL RICE 601"; and
  • specified requirements for split consignments are complied with.

These regulations can be found at http://www.opsi.gov.uk/si/si2008/uksi_20080622_en_1.

In addition, UK regulations placing restrictions on the import of rice and rice products (including composite products) from China will come into force from 15 April 2008. These will implement EC emergency measures to ensure that such products do not contain an unauthorised genetically modified rice.

The measures will require that rice products originating in or consigned from China are:

  • accompanied by an analytical report to certify that the product is free from the unauthorised GM organism 'Bt63'; or
  • that satisfactory results of analysis are received by the food authority at the point of entry to the community, following sampling carried out by or under the supervision of that authority

Food businesses are reminded that:

  • products contaminated with unauthorised GM material may not be placed on the market
  • they have primary legal responsibility for ensuring that foods or feeds under their control satisfy the requirements of food or feed law and for verifying that such requirements are met; and
  • they have responsibilities relating to product traceability.

The draft Rice Products from China (Restriction on First Placing on the Market) (England) Regulations 2008 can be found at http://www.food.gov.uk/multimedia/pdfs/consultation
/bt63consulteng0803.pdf
.

For more information, please contact John Mitchell, partner in Blake Lapthorn's Food law team on 023 8085 7231 or email john.mitchell@bllaw.co.uk.