Pollen from GM maize in honey is not regarded as a living genetically modified organism (GMO) that is capable of reproducing.
Pollen is classed as a food ingredient. This means that the same food legislation applies to pollen that applies to every other ingredient.
Pollen in honey is also treated the same way as all other ingredients in terms of genetic engineering. If pollen from a GM plant is present in honey, then it is an ingredient “produced from a GMO”. Food with this kind of ingredient – and therefore honey containing GM pollen – can only be sold if the GMO in question is authorised as a food. It makes no difference how high the level of GM pollen is or whether the GM pollen is introduced intentionally or adventitiously into the honey.
This means that honey may contain any traces of pollen from a GM plant provided the plant has been authorised without restriction in accordance with the terms of the EC regulation on genetically modified food (1829/2003). If this is not the case, the honey in question cannot be marketed (zero tolerance).
Germany and most other EU countries do not currently grow any GM crops. This means that the ECJ ruling is not relevant here in the short term.
It is primarily imported honey products that are affected. For instance, pollen from GM rape can often be detected in Canadian honey. This honey is permitted in Germany as well, provided the GM rape line in question is authorised for food and feed use in Europe. Honeys from Argentina and Brazil could contain pollen from GM soybean and – theoretically – from GM maize. The majority of the GM soybean and maize lines grown there are, however, authorised for food use in the EU.