135 Mr. Durkan asked the Minister for Health and Children the position regarding genetically modified foods; if such products are for sale marked or unmarked at present; and if he will make a statement on the matter. [5226/02]

The Food Safety Authority of Ireland, FSAI, is the Competent Authority in Ireland charged with enforcing the novel foods regulations under which genetically modified foods currently fall. The FSAI carries out surveys of the Irish food supply to satisfy itself that regulations governing the sale in Ireland of GM foods are adhered to. With regard to the Deputy's query on the regulation of the sale of all GM foods, there are three main pieces of legislation relevant to this issue:

1. Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients came into force in all member states on May 15 1997. This regulation provides that novel foods and novel food ingredients, including genetically modified food, must undergo a safety assessment and be officially approved-authorised before being placed on the European market. It also contains provisions in certain instances for the labelling of novel foods and novel food ingredients. Foods and food ingredients which fall within the scope of this regulation are those which have not as of 15 May 1997 been used for human consumption to a significant degree within the European Community and which fall into the following categories:

(a) goods which contain genetically modified organisms, GMOs;

(b) foods which are produced from but do not contain GMOs;

(c) food and food ingredients with an intentionally modified molecular structure;

(d) foods composed of micro-organisms, fungi or algae;

(e) foods produced from plants or animals not using traditional propagation techniques; and

(f) foods which are produced from new technologies which give rise to significant changes in the composition or structure of the food.