New law on GMOs: what should businesses prepare for?
On 19 September 2026, the Law of Ukraine “On State Regulation of Genetic Engineering Activities and State Control over the Placing of Genetically Modified Organisms and Products on the Market”[1] (the “Law”) enters into force. The new Law pursues two interrelated goals: firstly, to conduct a comprehensive review and modernisation of legislation in the field of state regulation of GMO management and placing on the market of genetically modified products; secondly, to harmonise the legislation of Ukraine with the EU acquis in this area.[2]
Below, we outline the key changes introduced by the Law.
What areas are covered by the Law?
The Law regulates relations in the field of genetic engineering activities in contained use (laboratories, production facilities) and deliberate release into the environment (cultivation, release into the environment), as well as authorisation, placing on the market, control over the placing on the market of genetically modified products and GM products on the Ukrainian market.[3]
The new rules will affect various business entities including manufacturers, importers, distributors of genetically modified products, the agricultural sector that grows crops, feed using GMOs, and other industries and enterprises that use GMOs as ingredients or components.
State authorisation of GMOs: who is subject to the new requirements?
The Law provides for the creation of three registers, namely (1) the State Register of Subjects of Genetic Engineering Activity, (2) the State Register of permits for research and testing of GMOs in deliberate release into the environment and (3) the State Register of GMOs themselves.[4] [5] Authorisation of GMOs is carried out by submitting an application to the Ministry of Economy, Environment and Agriculture (“Ministry of Economy”). The application must include a number of details, in particular, the identification data of the GMO and the applicant, ownership documents, a complete authorisation dossier with risk assessment and detection method, emergency measures and monitoring plans, etc. In addition, the applicant is obliged to submit information about GMOs to the Scientific and Methodological Centre for GMO tests.[6]
The Ministry of Economy considers the decision on state authorisation within 180 days of receipt of the application. In turn, the authorisation materials are sent to the State Commission, which within 90 days must carry out a professional assessment of the risk of GMOs and send an opinion to the Ministry of Economy, which serves as the basis for the decision on state authorization. The actual authorisation is carried out on a paid basis and valid for up to 10 years. This period can be extended for another 10 years by renewal of authorisation.[7]
GMO authorisation may be denied on a number of grounds. These include the provision of an incomplete package of documents or inaccurate information, the provision of an opinion by the State Commission or the Scientific and Methodological Center on possible health risks of GMOs or non-compliance with the method for determining GMOs, failure to submit documents on payment for risk assessment services and the impossibility of eliminating the causes associated with the risk of GMOs.[8]
Tightening of requirements for labelling and control of GMO traceability
Genetically modified products and GMOs placed on the market must comply with the labelling requirements established by the Law. In particular, the Law establishes that the designation “Contains GMO” must appear on any product if any of its ingredients contain, consist of, or are produced from GMOs. The manufacturer is obliged to apply the appropriate labelling if the proportion of GMOs in a product consisting of one ingredient or in any ingredient of a product consisting of several ingredients exceeds 0.9 per cent.[9]
Placing of GMOs and GM products on the market is allowed only after state authorisation. Persons who place such products on the market for the first time are obliged to submit a declaration (in any form), which must contain the following data: 1) information about the person who places GMO and/or GM products on the market for the first time; 2) information that such products contain GMOs; 3) authorisation number of the relevant GMO in the State Register of GMOs.[10] The relevant products are excluded from placing on the market in the event that it turns out that there is no state authorisation, it has been canceled or the products have been excluded from the register and in other procedures determined by law.[11]
Peculiarities regarding certain crops
The final and transitional provisions of the Law establish the specifics of certain crops grown with the use of genetic modification, namely:
- Corn – state authorisation, placing on the market and import into the customs territory of Ukraine (except for import for research purposes) are prohibited.
- Sugar beet and rapeseed – cultivation is prohibited for five years (i.e. until September 2031).[12]
State control and responsibility for violations
According to the Law, control functions are divided between several state bodies. In particular, supervision over the placing on the market of GMOs and GM products on the market is entrusted to the State Service of Ukraine for Food Safety and Consumer Protection[13].
Violation of the requirements for placing GMO and GM products on the market as food products or as feed, as well as products that are not food or feed, will entail a fine of up to twenty minimum wages (as of April 2026 – up to UAH 172,940) – for legal entities and up to ten minimum wages (as of April 2026 – up to UAH 86,470) – for individuals.[14]
Conclusions
Like many other laws facilitating European integration, the new legal regulation of GMOs and GM products places new compliance obligations on Ukrainian businesses. To prepare as much as possible for the new rules, Ukrainian enterprises should now: (1) analyse the use of GMOs and GM products in their production processes; (2) revise product labelling in accordance with the new requirements for the 0.9% threshold; (3) prepare documentation for the state authorisation process starting from autumn 2026.
[1] https://zakon.rada.gov.ua/laws/show/3339-20#Text
[2] Explanatory Note to the Draft Law
[3] Law, Article 3
[4] Law, Article 20
[5] Resolution of the Cabinet of Ministers of Ukraine “On Approval of the Procedure for Maintaining the State Register of Genetically Modified Organisms”: https://zakon.rada.gov.ua/laws/show/451-2025-p#Text
[6] Law, Article 21
[7] Law, Articles 23-24
[8] Law, Part 5 of Article 23
[9] Law, Parts 5, 6 of Article 26
[10] Law, Art.27
[11] Law, Article 30
[12] Final and Transitional Provisions, Part 6
[13] https://zakon.rada.gov.ua/laws/show/667-2015-п#Text
[14] Law, Article 41
