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Emergency measures on Chinese rice products

Wednesday 9 April 2008

Food Alert For Action on a red background

An emergency measure adopted by the European Commission will apply from 15 April 2008, to make sure rice and rice products imported from China do not contain an unauthorised genetically modified (GM) rice known as 'Bt63'. Local authorities have been asked to liaise with businesses in their local area that may sell affected products. The Agency has issued a Food Alert for Action.

Bt63 is an unauthorised genetically modified organism (GMO) and so should not be sold in the European Union (EU).

What will the emergency measure require?

The Commission Decision will require imports of the rice and rice products listed below, originating or consigned from China, to be certified as being free of the unauthorised Bt63 GM rice.

National legislation to implement the Commission Decision in England has been prepared and will be submitted for Ministerial consideration next week. The legislation is titled 'The Specified Products from China (Restriction on First Placing on the Market) (England) Regulations 2008'. Further information on this legislation will be sent to local authorities in due course.

The Commission Decision specifies that, from 15 April, products originating in or consigned from China with the commodity number (CN) codes listed below, may only be placed on the EU market if:

or

The measure also requires that Member States take appropriate measures, including random sampling and analysis, concerning the products listed below presented for importation or already on the market.

About the regulation
Regulation (EC) No. 1829/2003 on Genetically Modified Food and Feed stipulates that food and feed containing GM material cannot be placed on sale in the EU unless the associated GMO has been authorised under the regulation, following a rigorous safety assessment. Material from unauthorised GMOs in food or feed is not permitted at any level. Bt63 rice is a GMO which is not authorised and, as such, may not be placed on the EU market in food or feed. To do so would be an offence against Article 4(2) of the EC Regulation and an offence in English law under either Regulation 5(1) of the Genetically Modified Food (England) Regulations 2004 or Regulation 5(1) of the Genetically Modified Animal Feed (England) Regulations 2004.
The Agency considers that this unauthorised GM material should be considered 'unsafe' within the meaning of that term in Article 14 of Regulation (EC) 178/2002 (General Food Law). The Agency is not, at the moment, aware of any specific health implications for consumers who eat rice products containing Bt63.

Products affected

Products originating or consigned from China that must be certified from 15 April as being free of the unauthorised GM rice Bt63:


Product
CN code
Rice in the husk ('paddy' or rough)
1006 10
Husked (brown) rice
1006 20
Semi-milled or wholly milled rice, whether or not polished or glazed
1006 30
Broken rice
1006 40 00
Rice flour
1102 90 50
Rice groats and meal
1103 19 50
Rice pellets
1103 20 50
Flaked rice grains
1104 19 91
Rolled or flaked cereal grains (excluding grains of oats, wheat, rye, maize and barley, and flaked rice)
1104 19 99
Rice starch
1108 19 10
Preparations for infant use, put up for retail sale
1901 10 00
Uncooked pasta, not stuffed or otherwise prepared, containing eggs
1902 11 00
Uncooked pasta, not stuffed or otherwise prepared, not containing eggs
1902 19
Stuffed pasta, whether or not cooked or otherwise prepared
1902 20
Other pasta (other than uncooked pasta, not stuffed or otherwise prepared, and other than stuffed pasta, whether or not cooked or otherwise prepared)
1902 30
Prepared foods obtained by swelling or roasting cereals or cereal products, obtained from rice
1904 10 30
Preparations of the Müsli type based on unroasted cereal flakes
1904 20 10
Prepared foods obtained from unroasted cereal flakes or from mixtures of unroasted cereal flakes or swelled cereals, obtained from rice (excluding preparations of the Müsli type on the basis of unroasted cereal flakes)
1904 20 95
Rice, pre-cooked or otherwise prepared, not elsewhere specified or included (excluding flour, groats and meal, food preparations obtained by swelling or roasting or from unroasted cereal flakes or from mixtures of unroasted cereal flakes and roasted cereal flakes or swelled cereals)
1904 90 10
Rice paper
ex 1905 90 20
Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of rice with a starch content not exceeding 35% by weight
2302 40 02
Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of rice other than with a starch content not exceeding 35% by weight
2302 40 08
Peptones and their derivatives; other protein substances and their derivatives, not elsewhere specified or included; hide powder, whether or not chromed
3504 00 00

Further information on products affected will be revised as and when appropriate.

Actions to be taken by local authorities

Local authorities have been asked to identify the food and animal feed businesses in their local area that may sell potentially affected products.

Full details about local authority responsibilities, including sampling methods and enforcement actions, can be found in the Food Alert for Action at the link below.

Food Alerts

If there is a problem with a food product that means it should not be sold, then it might be 'withdrawn' (taken off the shelves) or 'recalled' (when customers are asked to return the product). Food alerts are the FSA's way of letting local authorities and consumers know about problems associated with food and, in some cases, providing details of specific action to be taken. They are issued under two categories:

You can get FSA alerts either by email or SMS text. Visit the Get Alerts page at the link below to find out how.

You can also subscribe to our Really Simple Syndication (RSS) feed for food and allergy alerts. RSS is a format for distributing news content and is a simple way to keep up to date with the latest news on a website. When we publish via RSS, you can automatically get the updated content via a 'news aggregator' or 'news reader'. Our RSS feed will contain a brief summary and link back to our web content. Click on ‘What is RSS’ on the left of this page for more details.

Related links

Unauthorised 'Bt63' genetic modification in rice and rice products from China Read the Food Alert Update on emergency measures on Chinese rice products Read the 27 March 2008 news story

More advice from our eatwell website

(External) GM food

See also

Further information on controls for unauthorised 'Bt63' genetic modification in specified products from China Read the letter issued to Port Health Authorities in England on 29 July 2008

Download pdf  (pdf 35KB) Further information on controls for unauthorised 'Bt63' genetic modification in specified products from China Read the letter issued to Port Health Authorities in England on 9 April 2008

Download pdf  (pdf 666KB) (External) Get Adobe Acrobat reader You may need the free Acrobat Reader to view a pdf

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