According to data from the FAO, more than 92 billion animals are raised every year for food production. A report by the same organisation predicts that, due to population growth, by 2050 meat consumption could double. Continuing down this path would lead to an increase in greenhouse gas emissions, greater use of agricultural land for livestock farming, and a worsening of the phenomenon of antibiotic resistance in humans. To avoid these outcomes, it would be necessary to embark on a course that allows for a drastic reduction in the use of non-human animals for food purposes. The most direct strategy to mitigate these effects would be to adopt a diet that completely eliminates the use of animal-derived products. A plant-based diet, if properly balanced, is in fact perfectly adequate for sustaining individuals of the human species, as demonstrated by a WHO report. Such dietary approaches, although increasingly widespread among the population, have not yet been embraced by a significant number of people: despite a considerable number of individuals expressing a desire not to contribute to animal suffering, they are at the same time unwilling to give up the taste of animal-derived products. A solution that allows people to continue consuming meat without necessarily implying the killing of animals would therefore be ideal. This is precisely what is being achieved thanks to advances in biotechnology: cellular agriculture, and in particular cultivated meat, could be a promising and innovative solution for creating a more equitable, safe, healthy and environmentally friendly food system.
Law and Cultivated Meat: Challenges and Regulatory Perspectives
In recent years, cultivated meat has attracted growing interest as a potential sustainable solution for the future of food. However, its entry onto the market cannot be separated from a solid regulatory framework, as it is intended for human consumption. Any food product, especially one resulting from innovative technologies, must in fact meet the stringent requirements demanded by food legislation before it can be marketed.
The First Authorisation: The Case of Singapore
Singapore, in 2020, became the first country in the world to authorise the commercialisation of a cultivated meat-based product. The Singapore Food Agency (SFA) determined that the “chicken” developed by the start-up Eat Just was safe for human consumption. This event marks a milestone, demonstrating that regulatory authorities can effectively assess the safety of novel foods in order to allow their sale to the public.
The European Union and the Feed for Meat Project
The European Union has shown growing interest in cultivated meat, investing resources in research to understand its potential. The REACT-EU programme, an instrument created to stimulate economic recovery following the severe crisis caused by COVID-19, allocated a grant of 2 million euros to the Feed for Meat project, devised by Dutch companies Nutreco and Mosa Meat. In response to a parliamentary question, the European Commission stated that the project was funded by the EU to better understand the impact this new technology could have on health, the environment and the traditional agricultural economy, within the framework of the Farm to Fork strategy, aimed at making the European food system more sustainable.
The Regulatory Challenges in Europe
Despite the progress made, the actual commercialisation of cultivated meat on the European market will still require time. For cultivated meat to be introduced to the market, it is essential that it complies with the stringent EU food regulations. European legislation is aimed, in fact, at ensuring food safety and the protection of consumers’ health, based on clear principles of risk assessment, and on authorisation and monitoring procedures for the introduction of novel foods.
Regulation 2283/2015, relating to the so-called novel food, is the legislative reference point for cultivated meat. This regulation, in force since 1 January 2018, is designed to govern a particular category of foods, defined as “new” where they have not been used to a significant extent for human consumption in the EU before 15 May 1997 and fall within at least one of the ten categories listed in Art. 3, para. 2, letter a).
In particular, the basis for the regulation of cultivated meat would be found in point vi), which provides that the category of novel food includes «foods consisting of, isolated from or produced from cell or tissue cultures derived from animals, plants, micro-organisms, fungi or algae». Cultivated meat could thus fall within this category and, after completing the authorisation procedure, be included in the list of novel foods. In order to achieve this goal, cultivated meat will however need to demonstrate, as required by Art. 7, that it does not pose a risk to human health. Furthermore, since it is intended to replace an already known food, its use must not mislead consumers or prove nutritionally disadvantageous.
The Authorisation Procedure for Novel Food
In order to authorise the placing on the EU market of a cultivated meat-based product, it will therefore be necessary to follow the procedure set out in Art. 10, which requires the applicant to submit an application to the European Commission containing a series of detailed information on the production process, the composition of the food, and scientific evidence demonstrating the product’s safety for consumers. The applicant’s request must then be made available to Member States by the Commission and, as provided for in para. 3 of the same article, there is the possibility of requesting the opinion of EFSA, the European Food Safety Authority, which will then be required to issue its opinion, normally within a period of 9 months, on the application submitted to it. Following the favourable opinion issued by EFSA, the Commission is required to submit within 7 months to the Standing Committee on Plants, Animals, Food and Feed (PAFF), composed of representatives of all Member States, a proposal for authorisation. Should the Committee issue a positive opinion, the Commission may proceed with the adoption of the act authorising the commercialisation of the novel food.
Cultivated Meat and GMOs
A further aspect to consider concerns the use of genetically modified organisms (GMOs) in the cultivated meat production process. If GMOs were to be used, cultivated meat would also be subject to Regulation 1829/2003. The legislation requires that, prior to commercialisation, these foods must undergo a safety assessment through a EU procedure. This authorisation procedure is, however, considerably more complex, lengthy and burdensome than that provided for novel food, as it requires applicants to provide a greater amount of information and analysis. For these very reasons, many European start-ups are already working on producing cultivated meat without the use of genetic engineering, in order to avoid subjecting their product to such a complex process.
The First Authorisation Request in the EU
On 26 July 2024, the French start-up Gourmey made history by submitting the first application for authorisation to place its cultivated foie gras on the European market. In a press release, Gourmey stated that it does not use GMOs in the production of its product, so as to be able to apply exclusively the novel food procedure. Now, it remains to be seen how the European Commission will proceed and what the final decisions regarding this innovative food product will be.
Conclusion
The path towards the commercialisation of cultivated meat is long and complex, but the European regulatory framework provides a solid basis for ensuring the safety of these new products for consumers. The novel food regulation is the main point of reference, but it may be necessary to integrate additional regulations, especially in the case of GMO use in the production process. However, once all the stages provided for by the regulations have been completed, cultivated meat could pave the way for a new era in the food sector, offering a sustainable and innovative alternative to traditional meat production.
