Draft   
 
LAW OF UKRAINE  
 
On Amending certain Laws of Ukraine on informing the public of the content of genetically 
modified organisms in foodstuffs  
 
The Verkhovna Rada  [parliament] of Ukraine has decided as follows : 
 
I. to amend the following laws of Ukrain e: 
 
1. in the law of Ukraine On the safety and quality of foodstuffs (Proceedings of the parliament 
of Ukraine, 1998, No 19, p. 98):  
 
1) add point 4 as follows to the first part of Article 36 : 
 
"4) withdrawal of foodstuffs produced using GMO until they hav e been officially registered "; 
 
2) point 10 of the first part of Article 38 shall be worded as follows : 
"10) if foodstuffs contain duly registered genetically modified organisms or components 
(ingredients) that are made of registered genetically modified o rganisms, this shall be 
indicated by the words " containing GMO " on the labelling of the foodstuff if the genetically 
modified organisms (GMO)  constitute more than 0.9% of the foodstuff. The rules for the 
marking of foodstuffs that contain genetically modif ied organisms or have been produced 
using them have been  confirmed by the Cabinet of Ministers of Ukraine ". 
 
2. Point 5 of the first part of Article 15 of the law of Ukraine On consumer rights protection 
(Proceedings of the parliament of Ukraine, 2006, No 7, p. 84) is amended as follows:  
"5) indication that foodstuffs contain genetically modified organisms if the proportion of 
GMO exceeds 0.9%"  
 
II. Final provisions  
 
1. This law comes into force on the date on which it is published . 
 
2. Three months after t his law has come into force, the Cabinet of Ministers of Ukraine must 
bring its regulations into line with this law and take the measures necessary for its 
implementation . 
 
Head of the parliament of Ukraine  
 
EXPLANATORY MEMORANDUM  
 
for the draft law of Ukr aine On Amending certain Laws of Ukraine on informing the public of 
the content of genetically modified organisms in foodstuffs  
 
1. Explanation of the need for this law of Ukraine to be passed  
In the draft law, it is proposed to amend certain laws to make it obligatory for foodstuff 
labelling to show information about the presence of genetically modified organisms in 
foodstuffs if GMO account for over 0.9% of a foodstuff .  
The problem is essentially that under two laws passed by the parliament of Ukraine on  17 
December 2009 (No 1778 On the safety and quality of foodstuffs  concerning the information 
to be provided to the public regarding the presence of genetically modified organisms in 
foodstuffs (GMO) and No 1779 -VI On the amendment of certain laws of Ukrai ne on the 
provision of information concerning the use in production of  genetically modified organisms)  
all foodstuffs must be marked as " containing GMO " or " GMO free ". 
 
Following the adoption of the laws of Ukraine of 17 December 2009 No 1778 and 1779, 
Ukraine became the first country in the world to oblige the producers and importers of 
foodstuffs to indicate " GMO free " in the marking of all foodstuffs without exception, even 
including those foodstuffs that cannot contain GMO by their very nature or for pr actical 
reasons (salt, water, foodstuffs that do not contain proteins, etc.) . 
 
According to Regulation (EC) No  1829/2003 of the European Parliament and of the Council  
of 22 September 2003 on genetically modified food and feed and Regulation EC No 
1830/200 3 of the European Parliament and of the Council of 22 September 2003 concerning 
traceability and labelling of food and feed products produced from genetically modified 
organisms,  only those foodstuffs that contain or consist of GMO or contain ingredients 
produced from GMO are subject to an obligatory marking requirement . 
 
The main purpose of marking foodstuffs is to ensure that consumers are reliably informed 
about the contents of foodstuffs . 
 
In view of the fact that Ukraine has declared its wish to join t he EU, its historical and 
geographical proximity to the EU Member States, the e xistence of economic links (the  large 
quantity of raw materials supplied to Ukraine by  the EU Member States)  and also the desire 
of Ukrainian manufacturers to sell their own pr oducts on EU markets, it is proposed not to 
impose legal requirements to indicate the absence of GMO, since such requirements  are not 
currently imposed in the Member States of the EU.   
 
2. Purpose and means of achieving it  
The draft law of Ukraine has been  prepared in order to avoid burdening economic agents with 
unjustifiable  costs by making them investigate foodstuffs that have no connection to genetic 
engineering to determine whether or not they contain GMO and to bring Ukrainian law into 
line with Europ ean requirements.  
 
3. Legal aspects  
This regulatory area is governed by the following laws of Ukraine:  
- On the safety and quality of foodstuffs ; 
- On consumer rights protection ; 
- On the official biosafety system applicable to the creation, testing, trans portation and use of 
genetically modified organisms ; 
- On the accession by Ukraine to the Cartagena Protocol on Biosafety to the Convention on 
Biological Diversity.  
 
4. Financial and economic reasoning  
Implementation of the draft law of Ukraine will not en tail further co sts for the State Budget of 
Ukraine . 
 5. Opinion of interested bodies  
The draft law must be agreed with the Ministry of Economic Development and Trade of 
Ukraine, the Ministry of Finance of Ukraine and the Ministry of Justice of Ukraine . 
 
6.  Regional aspect  
This draft law of Ukraine takes  account of the needs of the regions . 
 
7.  Prevention of corruption  
The draft law of Ukraine does not contain any rules or procedures that might create a risk of 
corruption . 
 
8.  Public consultation  
The draf t law of Ukraine will be placed on the website of the Ministry of Agrarian Policy and 
Food of Ukraine . 
 
9. Opinion of the social partners  
The draft law of Ukraine does not concern social and industrial relations and does not need to 
be agreed with the soci al partners . 
 
10. Assessment of regulatory effect  
The draft law will amend the laws of Ukraine On the safety and quality of foodstuffs and On 
consumer rights protection, in particular with regard to the definition of concepts and by 
abolishing the requirem ent for " GMO free " to be indicated on the labelling of foodstuffs.  
 
It is compulsory for foodstuff labelling to show information about the presence of registered 
genetically modified organisms or that components (ingredients) have been produced from  
regist ered genetically modified organisms  and it is forbidden to place foodstuffs made with 
the use of GMO in circulation until they have been officially registered.  
 
11. Expected results   
The adoption of this law of Ukraine will make it possible to ensure that the rights of 
consumers and the health of the people of Ukraine are protected and that the international 
obligations of Ukraine are met, eliminate excessive barriers to the development of businesses 
in the food industry and avoid imposing unjustifiable  expense on economic agent s. 
 
First Deputy Minister of Agrarian Policy and Food of Ukraine                                              
M. D. Bezlugiy  
 
 / /2012  
(day)  (month)  
 
Analysis of the regulatory effect of the draft law of Ukraine  
On Amending certain La ws of Ukraine on informing the public of the content of genetically 
modified organisms in foodstuffs  
 
1. The problem that is to be solved by means of official regulation  
Following the adoption of the laws of Ukraine of 17 December 2009 No 1778 and 1779, 
Ukraine became the first country in the world to oblige the producers and importers of 
foodstuffs to indicate " GMO free " in the marking of all foodstuffs without exception, even 
including those foodstuffs that cannot contain GMO by their very nature or for p ractical reasons (salt, water, foodstuffs that do not contain proteins, etc.).  
 
In the draft law, it is proposed to amend certain laws to make it obligatory for foodstuff 
labelling to show information about the presence of genetically modified organisms in  
foodstuffs if GMO account for over 0.9% of a foodstuff . 
 
2. The goals of official regulation  
The draft law of Ukraine has been prepared in order to avoid burdening economic agents with 
unjustifiable  costs by making them investigate foodstuffs that have no  connection to genetic 
engineering to determine whether or not they contain GMO and to bring Ukrainian law into 
line with European requirements.  
 
3.  Determination of alternative ways of achieving the set goals and arguments in favour of 
the selected metho d. 
It is possible to achieve the objectives of the legislation by amending the Law of Ukraine On 
the safety and quality of foodstuffs and On consumer rights protection, in particular with 
regard to the definition of concepts and by abolishing the requireme nt for "GMO free" to be 
indicated on the labelling of foodstuffs . 
 
It is compulsory for foodstuff labelling to show information about the presence of registered 
genetically modified organisms or that components (ingredients) have been produced from  
registe red genetically modified organisms and it is forbidden to place foodstuffs made with 
the use of GMO in circulation until they have been officially registered.  
 
4. Mechanism used to solve problems and the appropriate measures  
The problem is essentially that  under two laws passed by the parliament of Ukraine on 17 
December 2009 (No 1778 On the safety and quality of foodstuffs  concerning the information 
to be provided to the public regarding the presence of genetically modified organisms in 
foodstuffs (GMO) an d No 1779 -VI On the amendment of certain laws of Ukraine on the 
provision of information concerning the use in production of genetically modified organisms, 
all foodstuffs must be marked as "containing GMO" or "GMO free".  
 
According to Regulation (EC) No  1829/2003 of the European Parliament and of the Council  
of 22 September 2003 on genetically modified food and feed and Regulation EC No 
1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning 
traceability and labelling of fo od and feed products produced from genetically modified 
organisms,  only those foodstuffs that contain or consist of GMO or contain ingredients 
produced from GMO are subject to an obligatory marking requirement . 
 
In view of the fact that Ukraine has declare d its wish to join the EU, its historical and 
geographical proximity to the EU Member States, the existence of economic links (the large 
quantity of raw materials supplied to Ukraine by the EU Member States)  and also the desire 
of Ukrainian manufacturers to sell their own products on EU markets, it is proposed not to 
impose legal requirements to indicate the absence of GMO, since such requirements are not 
currently imposed in the Member States of the EU.   
 
5.    Explanation of why it will be possible to ac hieve the set goals when the law has been 
passed  
The adoption of this law of Ukraine will make it possible to ensure that the rights of 
consumers and the health of the people of Ukraine are protected and that the international obligations of Ukraine are me t, eliminate excessive barriers to the development of businesses 
in the food industry and avoid imposing unjustifiable  expense on economic agents.  
 
6.  Expected results of adoption of the law.  
 
Benefits  Costs  
National interests  
Bringing of Ukrainian law into line with 
European requirements  No costs to the budget  
Interests of economic agents  
Elimination of expenditure on the 
investigation of foodstuffs that do not have 
any connection with genetic engineering  No costs to economic agents  
Public interest  
Availability of reliable information about the 
contents of foodstuffs  No costs to the public  
 
7.  Validity of the law  
The law will enter into force on the date on which it is published, for an unlimited period . 
 
8. Indicators of the effects of the law  
The law applies to economic agents operating businesses in the foodstuff production sector . 
Compliance with the requirements of the law is not expected to cause any additional 
expenditure in terms of time or costs for economic agents . 
Economic agents have bee n informed of the basic provisions of the law. The draft law has 
been placed on the official website of the Ministry of Agrarian Policy of Ukraine and has 
been discussed with trade associations representing businesses in the food industry.  
The application of the draft law is not expected to result in any income for the budget . 
 
9.  Methods to be used to monitor the results  
Basic and subsequent  monitoring of the results of the law will be carried out in accordance 
with the requirements of Article 10 of the L aw of Ukraine On the principles of official 
regulatory policy in the ear of commercial activity . 
Basic monitoring of the results of the draft law will be carried out until the date on which it 
enters into force.  
Statistical methods will be used to monitor the results . 
Subsequent monitoring of the results of the law will be carried out one year after it enters into 
force and within two years at the latest . 
 
Director of the Department of Food of the Ministry of Agrarian Policy and Food of Ukraine  
 
O. I. Kuts  
 
______/______/2012  
(day)  (month)