On Labeling of Genetically Modified Organisms Designated for Food Products/Fodder and Genetically Modified Products Produced from them

Law of Georgia

On Labelling of Genetically Modified Organisms for Food/Feed use and of Genetically Modified Products Produced from Them

Chapter I – General Provisions

Article 1 – Objectives of the Law

The objectives of this Law are:

a) to inform consumers about genetically modified organisms for food/feed use and genetically modified products produced from them; 

b) to protect the interests of consumers, so that they have the chance of a free choice; 

c) to establish rules for the labelling of genetically modified organisms for food/feed use and genetically modified products produced from them, and to carry out state control over their observance;

d) to facilitate the harmonisation and approximation of the legislation of Georgia with legal norms determined by the European Union law and other international acts in the area of labelling of genetically modified organisms for food/feed use and genetically modified products produced from them.

Article 2 – Scope of the Law

This Law regulates the legal relations related to the labelling of genetically modified organisms for food/feed use and genetically modified products produced from them during import and placement on the market.

Article 3 – Legislation of Georgia in the area of labelling of genetically modified organisms for food/feed use and genetically modified products produced from them

The Legislation of Georgia in the area of labelling of genetically modified organisms for food/feed use and genetically modified products produced from them is based on the Constitution of Georgia, international agreements and treaties of Georgia, this Law and other legislative and subordinate normative acts. 

Article 4 – Definitions of Terms

1. For the purposes of this Law, the terms used herein shall have the following meanings:

a) genetically modified organism (‘GMO’) – any organism (with the exception of human beings) for food/feed use, in which the genetic material has been altered using modern methods of biotechnology, which do not belong to traditional selection and breeding methods; 

b) genetically modified product – a product created through processing a GMO and/or containing an ingredient of a GMO, which or separate parts of which are not able to replicate and/or transfer genetic materials, and which is intended for food/feed use;

c) labelling – placement of information on the GMOs for food/feed use and genetically modified products on the packaging as provided for by this Law and according to the procedure established by the legislation of Georgia;

d) placement on the market – making available GMOs for food/feed use and genetically modified products to third persons and end consumers in any form, whether in return for payment or free of charge;

e) import – a customs procedure applied to the GMOs for food/feed use and genetically modified products as provided for by the Tax Code of Georgia;

f) business operator – a person importing and placing on the market the GMOs for food/feed use and genetically modified products, which is responsible for the compliance of its business activities with the requirements provided for by the legislation of Georgia;

g) end consumer – a consumer, who does not use GMOs for food/feed use and genetically modified products for the purposes of sale; 

h) third person – a person using GMOs for food/feed use and genetically modified products for any activity permitted under the legislation of Georgia;

i) supporting document – a declaration of compliance issued under the legislation of Georgia, which contains information on a normative document to which the product corresponds, as well as the information on the content of GMOs, a genetically modified product or a genetically modified ingredient/ingredients in a product; if necessary, also a report of a test on the content of the GMOs in a product, a genetically modified product or a genetically modified ingredient/ingredients, performed by an accredited laboratory.

2. The terms ‘food’, ‘feed’ and ‘state control’ used in this Law shall have the meanings defined by the Food/Feed Safety, Veterinary and Plant Protection Code.

Law of Georgia No 4932 of 28 June 2019 – website, 4.7.2019

Chapter II – Placement on the Market, Import and Rules for Labelling of GMOs for Food/ Feed Use and of Genetically Modified Products

Article 5 – Placement on the market of GMOs for food/ feed use and of genetically modified products

1. In the case of placement on the market, GMOs for food/feed use and genetically modified products shall be labelled as provided for by this Law and other legislative and subordinate normative acts of Georgia.

2. If it is impossible to label GMOs for food/feed use and genetically modified products in the case of their placement on the market, they shall be accompanied by visible relevant information as provided for by the labelling rules determined by this Law.

Article 6 – Import of GMOs for food/feed use and of genetically modified products

1. In the case of import of GMOs for food/feed use and of genetically modified products, they shall be labelled as provided for by this Law and other legislative and subordinate normative acts of Georgia.

2. If it is impossible to label GMOs for food/feed use and genetically modified products during their import, they shall be accompanied by a supporting document. 

Article 7 – Rules for labelling GMOs for food/feed use and genetically modified products

1. GMOs for food/feed use and genetically modified products shall be labelled as provided for by this Law and other legislative and subordinate normative acts of Georgia, if the genetically modified components in their composition exceed 0.9% of the total mass.

2. A written label "GMO" shall be placed in a circle in the upper left corner of the label of the GMO, and a written label "GM" shall be placed in a circle in the upper left corner of the label of the genetically modified product. The mentioned labels shall be visible, easily perceivable and clearly displayed so as to enable the consumer to identify them easily.

3. The name/names of the genetically modified ingredient/ingredients shall be also indicated on the product when labelling a product containing genetically modified ingredient/ingredients. 

4. Compliance of the GMOs for food/feed use and of genetically modified products with the labelling rules shall be determined during the state and customs control. 

Article 8 – Obligations of a business operator

1. A business operator is obliged to place on the market the GMOs for food/feed use and genetically modified products, which are labelled in compliance with the requirements of this Law and according to the procedure established by the legislation of Georgia, and if it is impossible to label them, to ensure that relevant information accompanies them in a visible place as provided for by the labelling rules determined by this Law.

2. A business operator is obliged to have relevant documents in the case of placing on the market and importing GMOs for food/feed use and of genetically modified products.

3. A business operator is obliged to immediately recall GMOs for food/feed use and genetically modified products placed on the market in the case of failure to comply with the labelling rules determined by this Law and other legislative and subordinate normative acts of Georgia, including in the case of failure to comply with the requirements established where labelling is impossible, and not to place them on the market until remedying the non-compliance.

4. In the case of failure of a business operator to remedy non-compliance determined by paragraph 3 of this Article, the GMOs for food/feed use and genetically modified products are subject to destruction, which shall be performed at the expenses of the business operator.

5. Failure of a business operator to fulfil the obligations determined by paragraphs 2 and 3 of this Article shall result in the liability as provided for by this Law.

6. A business operator is obliged to ensure that in the case of import of GMOs for food/feed use and genetically modified products they are labelled as provided for by this Law and other legislative and subordinate normative acts of Georgia. A business operator is also obliged to have supporting documents when importing GMOs for food/feed use and of genetically modified products.

7. If, in the case of import, a business operator fails to comply with the labelling rules determined by this Law and other legislative and subordinate normative acts of Georgia, and if the supporting documents are not present, the GMOs for food/feed use and genetically modified products shall be subject to return to the country of export, or destruction, or remedy of the non-compliance at the expenses of the business operator. Control over the destruction shall be carried out by the Revenue Service, a legal entity under public law within the governance of the Ministry of Finance of Georgia. 

Chapter III – State Control

Article 9 – Carrying out state control over the labelling of GMOs for food/feed use and genetically modified products

1. In order to determine compliance of GMOs for food/feed use and genetically modified products with the labelling rules, state control shall be carried out in accordance with the Food/Feed Safety, Veterinary and Plant Protection Code and other normative acts.

2. The Revenue Service, a legal entity under public law within the governance of the Ministry of Finance of Georgia, shall carry out customs control over the labelling of GMOs for food/feed use and genetically modified products in the case of their import, including where it is impossible to label them. The Revenue Service, a legal entity under public law within the governance of the Ministry of Finance of Georgia shall also carry out control over the destruction of GMOs for food/feed use and genetically modified products during their import.

3. The Revenue Service, a legal entity under public law within the governance of the Ministry of Finance of Georgia, shall carry out customs control over the GMOs for food/feed use and genetically modified products according to the procedure established by an order of the Minister of Finance of Georgia.

Chapter IV – Liability

Article 10 – Liability for violation of this Law

1. In the case of violation of this Law, the authorised persons of the National Food Agency, a legal entity under public law within the governance of the Ministry of Environmental Protection and Agriculture of Georgia, and the Revenue Service, a legal entity under public law within the governance of the Ministry of Finance of Georgia, shall have the right to review the administrative offence cases and to impose administrative penalties.

2. For the violation of this Law, the authorised persons of the National Food Agency, a legal entity under public law within the governance of the Ministry of Environmental Protection and Agriculture of Georgia, and the Revenue Service, a legal entity under public law within the governance of the Ministry of Finance of Georgia, shall issue a fine receipt to an offender, which also serves as an administrative offence report.

3. The violation of the rules for labelling of GMOs for food/feed use and genetically modified products as provided for by this Law and other legislative and subordinate normative acts of Georgia in the case of their import and placement on the market, including  the violation of the requirements where labelling is impossible, as well as the absence of the supporting documents – 

shall result in the imposition of a fine on the business operator in the amount of GEL 5 000. 

4. The same act committed repeatedly –

shall result in the imposition of a fine on the business operator in the amount of GEL 10 000.

5. If a business operator violates the labelling rules determined by this Law and other legislative and subordinate normative acts of Georgia, including where labelling is impossible, or fails to recall from the market or to prevent placement on the market of the GMOs for food/feed use and genetically modified products as provided for by this Law, or to destroy them if the non-compliance is not remedied, the business operator –

shall be subject to a fine in the amount of GEL 10 000.

Law of Georgia No 1641 of 7 December 2017 – website, 14.12.2017

Chapter V – Transitional and Final Provisions

Article 11 – Transitional Provisions

1. Before 1 July 2015, the Government of Georgia shall adopt a subordinate normative act on the rules for labelling of GMOs for food/feed use and genetically modified products produced from them.

2. Before 1 July 2015, the Government of Georgia shall ensure compliance of the relevant subordinate normative acts with this Law. 

3. Before 1 July 2015, the Minister of Finance of Georgia shall issue an Order Approving the Procedures for Carrying out Customs Control during the Import of GMOs for Food/Feed Use and Genetically Modified Products Produced from them.

4. This Law shall apply to the GMOs for food/feed use and genetically modified products, which are imported and placed on the market after 1 July 2015. 

Article 12 – Final Provisions

1. This Law, except for Articles 1-10 of this Law, shall enter into force upon its promulgation. 

2. Articles 1-10 of this Law shall enter into force on 1 July 2015.

President of Georgia                                                    Giorgi Margvelashvili

Kutaisi

11 December 2014

N2876-I ს