In the EU legal system, there is a large difference between the procedures and requirements for the introduction of crops that are classified as genetically modified (GM) and crops not so classified. In order to investigate whether this regulatory divide is compatible with real risks two cases of GM crops and two cases of non-GM crops are scrutinized. It is concluded that the regulatory divide cannot be justified from the viewpoint of risk assessment, since the GM/non-GM dichotomy is not an accurate indicator of either health risk or environmental risk. Much better such indicators are available and should form the basis of a legislation aimed at preventing the introduction of crops that are harmful for human health or the environment. If the legislator has other reasons to regulate GM crops differently than conventional crops, then those reasons should be stated in the legislation and determine the types of measures that it prescribes.