The topic of genetically modified organisms (GMOs) has lately become an actual and increasingly important aspect in Moldovan law. Until recently scarcely regulated, the activity involving GMOs was subject to significant legal loopholes. This led to the inherent risk pertaining to GMOs being difficult to control, especially with agriculture playing an important role in the national economy.
To address such risks, the need for improved legislation on biological safety became stringent. This was also necessary in the context of the population’s reluctance toward GMOs
Thus, the Moldovan legal framework has been significantly updated through an approximation of the European Union’s acquis. As of summer 2024, two important pieces of legislation entered into force, namely Law No. 152 dated June 9, 2022, on the regulation and control of genetically modified organisms (Law on GMOs) and Law No. 394 dated December 15, 2023, on genetically modified food products and fodder.
What Is a GMO?
Under the national legislation, a GMO is any organism, other than human, whose genetic material has been altered using modern laboratory techniques other than through mating or natural recombination.
As disclosed by the national authorities, all of the following GMO plant crops are currently present on the Moldovan market: (i) GMOs resistant to insect attacks, (ii) GMOs resistant to viral infections, and (iii) GMOs with increased tolerance to herbicides.
How Is Genetic Modification Controlled in Moldova?
Moldova’s stance toward genetic modification is that biotechnological cultures are essential for the economy. Nonetheless, due to the potential adverse impact on the environment and the population’s health, it is essential to set a rigorous regulatory framework to minimize and manage the risks entailed by GMOs.
The recently approved legislation has addressed these issues, striking a balance between protecting the environment and benefiting from the advantages offered by GMOs. A strict 20-year ban on commercial cultivation of genetically modified plants has been put in place, while cultivation of superior plants for research purposes is allowed. The current national laws tackle the importation and use of GMOs and set explicit rules for food containing GMOs to be placed on the market.
Public input is also a core part of GMOs’ management. Thus, all applications to authorize a GMO release into the environment are subject to a public notification and consultation process.
How Are GMOs Placed on the Moldovan Market?
To release a GMO into the environment, authorization shall be obtained from the Moldovan Environment Agency.
This applies to the importation, distribution, trade, and development of GMOs or tests performed with GMOs. Each application for authorization is examined upon assessing the biological safety, socioeconomic considerations, and the outcome of the public consultations pertaining to the GMO. Once authorized, the GMO is registered in the National Registry of GMOs and is subject to constant monitoring by national authorities.
What Is Labelled?
Mandatory labeling standards are applicable to genetically modified products placed on the market. Products such as food, fodder, ingredients, food additives, or any other items containing GMOs must be duly labeled. These rules are to help consumers decide whether or not to purchase a certain product.
Products containing GMOs shall bear the “genetically modified” reference on the label. If GMOs’ traces in a product are adventitious and are below 0.9% (for most products) or 0.1% (for seeds), no such labeling rules are applicable. If so, the “No GMOs” note may be applied on the product’s label.
What about Legal Liability?
Authorization holders face legal liabilities for placing on the market, importing, exporting, storing, and handling GMOs in any other way. To protect themselves from legal actions and to mitigate the associated risks, the authorized entities shall take necessary precautionary measures.
Where legal requirements for GMOs are breached and risks to human life and health, the economy, the environment, livestock, or animal health occur, the Environment Agency will implement emergency measures. These may lead to GMOs being suspended or terminated.
To alleviate the consequences of breaching GMOs-related legislation, the Environmental Agency may order the decontamination of affected areas, the elimination of the GMOs altogether, the isolation of the affected regions, and other appropriate actions. The public shall always be made aware of any such undertaken measures.
By Doina Doga, Head of Practice, and Domnica Bejan, Junior Associate, ACI Partners
This article was originally published in Issue 11.7 of the CEE Legal Matters Magazine. If you would like to receive a hard copy of the magazine, you can subscribe here.
