The Court goes on to hold that, nevertheless, products such as honey and food supplements containing such pollen constitute foodstuffs which contain ingredients produced from GMOs within the meaning of the regulation. In that regard, it finds that the pollen in issue is ‘produced from GMOs’ and that it constitutes an ‘ingredient’ of the honey and pollen-based food supplements. As regards the honey, the Court observes that pollen is not a foreign substance or an impurity, but rather a normal component of honey, with the result that it must indeed be classified as an ‘ingredient’. The pollen in question consequently comes within the scope of the regulation and must be subject to the authorisation scheme provided for thereunder before being placed on the market.
The Court observes that that authorisation scheme for foodstuffs containing ingredients produced from GMOs applies irrespective of whether the pollen is introduced intentionally or adventitiously into the honey.
Lastly, the Court holds that the authorisation obligation exists irrespective of the proportion of genetically modified material contained in the product in question.