Journal or Publishing Institution: TEME: Casopis za Društvene Nauke
Author(s): Spasojević, S.
Article Type: Journal Publication
Record ID: 2192
Abstract: This paper analyzes the issue of consumer freedom of choice regarding nongenetically modified food. The paper first analyzes in detail the judgment of the European Court of Justice pertaining to honey infected by the pollen of genetically modified corn, as well as the current practice of German courts. The judgment of the European Court of Justice as well as certain provisions of European regulations on GMOs are analyzed because one of the conditions for Serbia’s EU accession was the harmonization of domestic regulations with EU regulations, which includes the implementation of GMO-related provisions in domestic legislation. On the other hand, the German judicial practice was analyzed because Germany is one the strongest opponents of cultivation and use of GMOs. The competent German authority used every option provided by European regulations to prevent GMO implementation as much as possible. In addition, a large number of German associations and organization have thus far repeatedly filed a claim before the European Court of Justice against GMO cultivation. This paper also analyzes domestic GMO regulations. On the basis of these analyses, the paper emphasizes the problems consumers are facing during the purchase, i.e. selection, of nongenetically modified food. Specifically, according to European regulations, marking of GMO-containing products is mandatory if their presence exceeds 0.9 %. Unlike the previous Law, the current Serbian Law on consumer protection does not contain provisions pertaining to mandatory marking of products which contain GMOs. The obligation of marking GMO products is primarily in the consumers’ interest, especially bearing in mind that, according to a newly proposed Law on GMO trade, both the vendor and the consumer are liable for any damage caused by a GMO product.
Keywords: genetically modified organisms, genetic engineering, organic food, consumer freedom of choice, product marking
Citation: Spasojević, S., 2014. Non-genetically modified food as a matter of consumer freedom of choice. TEME: Casopis za Društvene Nauke, 38(3).
