Mary Upton (Dublin South Central, Labour)
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Question 361: To ask the Minister for Health and Children if the detection of non-authorised genetically modified organism LL RICE 601 in rice products imported from the US into the EU has implications for Ireland; the steps taken to ensure such rice is not on sale here and has not entered the Irish food chain; if any has been imported into Ireland; and if she will make a statement on the matter. [33919/06]

Seán Power (Kildare South, Fianna Fail)
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The Food Safety Authority of Ireland (FSAI), which is the competent authority in Ireland for the enforcement of EU legislation regarding genetically modified (GM) foods, carries out checks on the marketplace for compliance with GM legislation on an on-going basis.

Ireland, in common with other Member States and as required by EU rules, applies EU legislation on GM foods whether produced within the EU or imported. Under EU rules, only authorised GM foods, or foods containing ingredients thereof, can be placed on the market. The safety of GM products is independently assessed by the European Food Safety Authority (EFSA) on a case-by-case basis and GM food is required to be clearly labelled thus ensuring greater consumer confidence and choice.

The European Commission brought in emergency measures on 23 August last (Commission Decision 2006/578/EC) requiring certification of imported long grain rice as a result of the US authorities revealing that they had found traces of a genetically modified rice line in rice batches from Arkansas and Missouri of a type which is not approved for commercial use on either side of the Atlantic: the Standing Committee on the Food Chain and Animal Health (which consists of representatives of the Member States) backed this decision at an emergency meeting two days later. These emergency measures were superseded by Commission Decision 2006/601/EC of 5 September 2006 on emergency measures regarding the non-authorised genetically modified organism LL RICE 601 in rice products. This Decision stipulates that EU Member States may only allow certain long grain rice products on the EU market where they are accompanied by analytical certification that the rice in question is not present. The Commission Decision also stipulates that Member States must carry out random sampling and analysis of rice products already on the market to verify its absence.

The FSAI, as competent authority for GM foods, has carried out random sampling and testing of rice in the Irish retail sector in line with the Commission Decision: of nineteen samples tested to date, four brands of long grain rice have produced positive results for GM LL RICE 601. Last September, the FSAI notified the European Commission of the initial unfavourable result.

In October, the FSAI forwarded three further notifications to the Commission: in all cases, the batches concerned have been removed from sale. The FSAI has also made contact with Customs and Excise to ensure that only long grain rice products with the required clearance certificates are allowed into Ireland.

In a separate development, on 14 September the Scientific Panel on Genetically Modified Organisms of EFSA concluded that 'The available data are not sufficient to allow the safety of LL RICE 601 to be assessed in accordance with the EFSA guidance for risk assessment. However, on the basis of the available molecular and compositional data and on the toxicological profile of PAT proteins, EFSA considers that the consumption of imported long grain rice containing trace levels of LL RICE 601 is not likely to pose an imminent safety concern to humans or animals.'

Member States were updated on the position at a meeting of the Standing Committee held yesterday (Monday, 23 October) and there was a discussion on likely further developments. The Commission tabled a revised Decision which extends the scope to further rice products and requires systematic testing of imports by Member State authorities according to the EU testing protocol at the point of entry to the EU which is an additional measure which supplements the certification procedure being applied by the US exporters: Member States voted in favour of this revised Decision.

Mary Upton (Dublin South Central, Labour)
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Question 362: To ask the Minister for Health and Children if her attention has been drawn to unauthorised genetically modified rice in products imported from China being detected in the EU and here, on foot of the European Commission's response to non-Governmental organisations reports referred to in the European Commission's Standing Committee on the Food Chain and Animal Health's GM Food and Feed Section meeting of 11 September 2006; and if she will make a statement on the matter. [33920/06]

Seán Power (Kildare South, Fianna Fail)
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The Food Safety Authority of Ireland (FSAI), which is the competent authority in Ireland for the enforcement of EU legislation regarding genetically modified (GM) foods, carries out checks on the marketplace for compliance with GM legislation on an on-going basis.

Ireland, in common with other Member States and as required by EU rules, applies EU legislation on GM foods whether produced within the EU or imported. Under EU rules, only authorised GM foods, or foods containing ingredients thereof, can be placed on the market. The safety of GM products is independently assessed by the European Food Safety Authority (EFSA) on a case-by-case basis and GM food is required to be clearly labelled thus ensuring greater consumer confidence and choice.

Government policy with regard to Genetically Modified Organisms (GMOs) is based on the Report of the Inter-Departmental Group on Modern Biotechnology published in October 2000. In line with the recommendations of this report, my Department adopts a 'positive but precautionary' approach to the issue of GM foods which reflects the priority given to consumer choice and safety.

At the Standing Committee on the Food Chain and Animal Health's GM Food and Feed Section meeting held on 11 September 2006 the European Commission informed Member States of reports received from non-Governmental organisations to the effect that an unauthorised genetically modified rice, known as Bt63, had been detected in products imported from China. The reports indicated that the rice products, which are not authorised for use anywhere in the world, were found in Chinese specialty stores in the UK, France and Germany.

At the meeting of the Standing Committee held yesterday (Monday, 23 October) the Commission provided an update on this issue to Member States' representatives. The Commission has requested further information on the rice products and testing methods and has followed up on the information received: it is currently awaiting validation of the testing methods used. The Commission has also contacted the Chinese authorities seeking data on GM rice in China, in particular as regards the Bt genetic constructs developed in China.

In the last number of weeks a number of Member States through their official controls (France, Germany and Austria) have informed the Commission of the presence of Chinese food products containing the unauthorised rice. In respect of the Irish market, the FSAI has not discovered any samples of rice products testing positive for this GM rice.

The Commission has pledged to keep Member States informed on progress on this issue and has indicated that similar emergency measures to those taken with the GM RICE LL 601 will be introduced if considered necessary based on information as it becomes available. This issue will again be on the agenda for the next meeting of the Standing Committee on the Food Chain and Animal Health's GM Food and Feed Section.

Member States were advised by the Commission to ensure compliance of products with EU law as regards non-authorised GMOs. In addition, the Commission has informed the industry that it is their responsibility to ensure that they do not place on the market any products which do not comply with EU legislation.