1.This Section shall apply to foods which are to be delivered as such to the final consumer or mass caterers in [F1Great Britain] and which:
(a)contain or consist of GMOs; or
(b)are produced from or contain ingredients produced from GMOs.
2.This Section shall not apply to foods containing material which contains, consists of or is produced from GMOs in a proportion no higher than 0,9 per cent of the food ingredients considered individually or food consisting of a single ingredient, provided that this presence is adventitious or technically unavoidable.
3.In order to establish that the presence of this material is adventitious or technically unavoidable, operators must be in a position to supply evidence to satisfy the competent authorities that they have taken appropriate steps to avoid the presence of such material.
[F24.The appropriate authority may prescribe amendments to non-essential elements of this Regulation by supplementing it and establishing lower thresholds, in particular in respect of foods containing or consisting of GMOs, or taking account of advances in science and technology.]
Textual Amendments
F1Words in Art. 12(1) substituted (31.12.2020) by S.I. 2019/705, reg. 16(a) (as substituted by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 17(3))
F2Art. 12(4) substituted (31.12.2020) by The Genetically Modified Food and Feed (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/705), regs. 1, 16(b); 2020 c. 1, Sch. 5 para. 1(1)