Chapter III
National and International
Legislation
Areas for regulation
Regulations governing
GMOs can potentially act at a number of key stages:
a) Research and
development (R&D)
Development of GM
individuals or a GM variety can be a long process. It begins in the
laboratory, where the GMOs are produced and where presence of the
transgene is confirmed etc., and proceeds to field testing of the
organisms produced to ensure they have the desired characteristics.
Regulations here may cover the conditions under which laboratory
experiments take place; exchange of GM material between laboratories
and conditions for testing GMOs in greenhouses, other contained
facilities or in the field.
b) Seeking approval
for commercialization
After the R&D
stage, there may be interest in bringing the GM product to the
market. Regulations here may cover assessment of the potential human
health and environmental risks, to be carried out prior to eventual
approval.
c) Commercial
release
If approval is granted,
the next stage is the commercial release of the GMOs. Regulations
here may cover aspects such as how and where GMOs may be released
(e.g. minimum distance of GM crops from organic agriculture or non-GM
fields; need for GM-free refuges) and, if used for food, the kind of
labelling needed, if any; whether post-commercialisation monitoring
of the impacts of GMOs is necessary or what kinds of sanctions should
be imposed following eventual violation of the regulations.
d) Imports of GM
material or food
Applications may be
made to import GMOs or their genetic material (semen, seeds etc.) for
release in the environment. Similar GM varieties may or may not
already be approved in the importing country. Regulations here may
cover the kind of information required for approval e.g. whether
information on potential environmental impacts from the exporting
country is sufficient or whether new tests are required in the
importing country.
Applications may also
be made to import "GM food", food from GMOs (e.g. GM fish)
or food that contains ingredients from GMOs (e.g. chocolate
containing GM soybean). Regulations may cover the kind of information
required for approval e.g. whether new food safety data is needed or
whether data from the exporting country may be used.
Phillips, in a 2003
IFPRI publication, points out that the GM crops currently
commercialised are extensively traded internationally and that the
countries growing them are also major exporters of these crops. For
example, in 2000, a total of 168 countries imported maize, with 85%
of the trade coming from the main countries growing GM maize.
Although many developing countries may not be actively involved in
developing their own GM products, they may nevertheless wish to
introduce regulations to cover the import of GM material or food.
For more information on
regulatory frame work see
"Regulating
GMOs in developing and transition countries", Background
document to Conference 9: 28 April - 1 June, 2003, Food and
Agriculture Organization.
http://www.fao.org/biotech/C9doc.htm#top
WTO Ruling on the EU-US Biotech
Products Dispute: A Review of Issues Author: Biswajit Nag and
Debashis Chakraborty Publication: Asian Biotechnology
and Development Review, Date: 01/03/2007 Issue: Vol. 9 No 2 March 2007
CED Acc No: [
C.eldoc1/g74a/wto-ruling.pdf]
The current paper reviews the future
direction of US trade policy on genetically modified (GM) crops. The
US has recently won a case at the WTO Dispute Settlement Body (DSB),
challenging the EU’s defacto moratorium on approvals of biotech
products as well as the safeguard measures undertaken for that
purpose. The DSB ruled the EU policy to be inconsistent with the
‘sufficient scientific evidence’ and ‘risk assessment’
requirements under the WTO SPS Agreement. The case law sets a
precedent and the US might follow the same route for other WTO
members, who are currently not permitting import of GM crops within
their territories. It has earlier raised concerns on the policies of
several developing countries including South Africa. India, which is
yet to approve any GM food crops till date, may also face similar
concerns. Considering the current scenario, the paper concludes that
India must keep the Cartagena Protocol on Biosafety in mind while
developing its legal provisions for GM crops through Food Safety
Bills, to ensure the precautionary principle.
|
Regulatory Aspect of Genetic Modification
|
International
Body
|
Function
|
Regulation
|
Main
features
|
|
World Trade
Organization (WTO)
|
The WTO is
mainly involved in establishing international trade in GM foods.
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Two
Agreements :
(a) Sanitary
and Phytosanitary Measures (SPS)
(b) Technical
Barriers to Trade (TBT)
|
SPS
agreement deals with application of food safety and animal and
plant health regulations.
By
imposing science based disciplines and requiring risk assessment
based on science and applied only to the extent necessary to
protect human, animal or plant life or health, it aims to prevent
governments from using health and safety laws to limit
international trade.
The
TBT agreement assist to ensure that WTO members do not use
domestic regulations, standards, testing and certification
procedures to create unnecessary obstacles to trade.
|
|
Organization
for Economic cooperation and Development (OECD)
|
Assessment
of safety of GMOs.
BioTrack
Online focuses on information related to the regulatory oversight
of products of modern biotechnology, including genetically
engineered organisms or transgenic organisms, in the field of the
environmental safety and the food and feed safety. It includes
various Consensus/ Guidance Documents, Product Database,
regulatory contacts of member countries, and Field Trials
Database.
|
Two
Programmes of OECD - The Working Group on Harmonisation of
Regulatory Oversight in Biotechnology (Working Group), established
in 1995, addresses aspects of the environmental risk/ safety
assessment of genetically engineered plants, fish and
micro-organisms; and
- The Task
Force for the Safety of Novel Foods and Feeds (Task Force),
established in 1999, addresses aspects of the safety assessment of
foods and feeds derived from genetically engineered crops.
|
|
|
Food
and Agriculture Organization (FAO)
|
Assessment
of Safety of GMOs
|
|
|
|
World
Health Organization (WHO)
|
Assessment
of Safety of GMOs
|
|
|
|
Codex
Alimentarius Commission (CAC)
|
The Joint
FAO/WHO, CAC is responsible for Development of Standard,
guidelines and recommendation for foods derived from
biotechnology.
|
A draft
guideline for the conduct of safety assessment of food derived
from genetically modified plants.
|
|
|
Convention
of Biological Diversity (CBD)
|
The
protocol negotiated under the CBD provides rules for safety
transfer, handling and disposal of Living Modified Organisms
(LMOs).
|
The
protocol takes the general principles of risk assessment developed
by international bodies.
Two
features of Protocol:
(a) The
advance Information Agreement (AIA)
(b) Precautionary
Approach
|
-
The AIA provides for a prior assessment by importing country of
GMOs intentionally introduced into the environment like seeds for
plantation, live fish for release etc. This agreement calls for
documentation and identification of LMOs which include the
relevant trait, information handling, storage, transport and use
along with a full report or risk assessment.
-
In making the decision to import, the Protocol allows a
precautionary approach to be used to restrict or ban the GMO if
there is a lack of scientific certainty due to insufficient
information on the potential risks that LMOs can have on
biodiversity and human health.
|
Indian Regulatory
Frame Work
|
National
Body
|
Function
|
Regulation
related to GMOs
|
Main
Features
|
|
Ministry of
Environment and Forest
|
|
-
Environmental
Protection Act 1986
-
Rules
for The Manufacture, Use, Import, Export And Storage of Hazardous
Micro Organisms, Genetically Engineered Organisms or Cells
-
notification in July 2001 as an amendment regarding the permission
and approval of foodstuffs
|
Rules
and Procedure of handling GMOs and hazardous organism.
July 2001
notification restricts a person from importing, manufacture
transport, store, distribute or sale of any food, feed, raw or
processed or any ingredient of food, food additives or any food
product that contains GM material, without the approval of the
GEAC.
|
|
Genetic
Engineering Approval Committee (GEAC)
|
GEAC
functions as a body under the Department of Environment Forests
and Wildlife for approval of activities involving large scale use
of hazardous microorganisms and recombinants in research and
industrial production from the environmental angle. The Committee
shall also be responsible for approval of proposals relating to
release of genetically engineered organisms and products into the
environment including experiment Field trials.
|
A
Biotechnology
Coordination Committee
under the GEAC functions as the legal and statutory body with
judicial powers to inspect, investigate and take punitive action
in case of violation of statutory provision under EPA. Issues for
action include review and control, and monitoring of large scale
use of GMOs in R&D and industrial production, environmental
release and experimental field trials.
|
|
|
The
Review Committee on Genetic Manipulation (RCGM)
is formed under Department of Biotechnology (DBT), Ministry
of Science and Technology
|
RCGM
monitors the safety related aspects of ongoing research projects
involving GMOs.
It brings
out manuals of guidelines specifying procedures for regulatory
process, activities involving GMOs in research, use and
application from environmental safety angle (Recombinant DNA
Safety Guidelines 1992 and Revised Guidelines for Research in
Transgenic Plants 1998).
|
(Recombinant
DNA Safety Guidelines 1992 and Revised Guidelines for Research in
Transgenic Plants 1998).
|
The
Review Committee on Genetic Manipulation shall include
representatives of (a) Department of Biotechnology (b) Indian
Council of Medical Research (c) Indian Council of Agricultural
Research (d) Council of Scientific and Industrial Research
(e)
Other experts in their individual capacity. Review Committee on
Genetic Manipulation may appoint sub groups.
The Review
Committee on Genetic Manipulation lays down procedures restricting
or prohibiting production sale importation and use of such
genetically engineered organisms of cells as are mentioned in the
Schedule.
|
|
Recombinant
DNA Advisory Committee (RDAC) and Institutional Biosafety
Committee (IBSC)
|
The RDAC
takes note of development at national and international levels in
biotechnology on recombinant research, use and application while
the IBSC is the nodal point for interaction within an Institute,
University, Commercial Organization included in rDNA research or
implementation of rDNA guidelines.
|
Implementation
of two guidelines:
(Recombinant
DNA Safety Guidelines 1992
and Revised Guidelines for Research in Transgenic Plants 1998).
|
IBSC
constituted by an occupier or any person including research
institutions handling microorganisms/ genetically engineered
organisms. The committee shall comprise the Head of the
Institution Scientists engaged in DNA work a medical expert and a
nominee Of the Department of Bioechology. The occupier or any
person including research institutions having microorganisms/
genetically engineered organisms shall prepare A he assistance of
the Institutional Biosafety Committee (IBSC) an uptodate on-site
emergency plan according to the manuals/ guidelines of the RCGM
and make available copies to the District Level Committee/ State
Biotechnology Co-ordinating Committee and the Genetic Engineering
Approval Committee.
|
|
State
Biotechnology Coordination Committee (SBCC)
|
|
Environmental
Protection Act 1986
|
A State
Biotechnology Coordination Committee in the States wherever
necessary is established. It has powers to inspect, investigate
and take punitive action in case of violations of statutory
provisions through the Nodal Department and the State Pollution
Control Board/Directorate of Health/Medical Services. The
Committee reviews periodically the safety and control measures in
the various industries/institutions handling genetically
engineered Organisms/Hazardous microorganisms.
|
District
Level
Committee
(DLC).
|
|
Environmental
Protection Act 1986
|
A
District Level Biotechnology Committee (DLC) in the districts
wherever necessary is established under the District Collectors to
monitor the safety regulations in installations engaged in the use
of genetically modified organisms/ hazardous microorganisms and
its applications in the environment.
The
District Level Committee/or any other person/s authorized in this
behalf shall visit the installation engaged in activity involving
genetically engineered organisms, hazardous microorganisms,
formulate information chart, find out hazards and risks associated
with each of these installations and coordinate activities with a
view to meeting any emergency. They also prepares an off-site
emergency plan. The District Level Committee shall regularly
submit its report to the State Biotechnology Co-ordination
Committee/Genetic Engineering Approval Committee.
|
|
|
|
|
Read in detail
Status of Regulation
of Genetically Engineered Products in Selected Countries – An
Analysis by S.R.Rao
[
C.eldoc1/g74a/status-regulation.pdf]
Biosafety Protocol,
International Trade and Agricultural Biotechnology: Policy
Inferences for India by Sachin Chaturvedi and Lian Chawii, Research
and Information System of or Developing Countries, New Delhi,
01/09/2005
[
C.eldoc1/g74a/01sep05ris1.pdf]
Regulatory Regimen
for Genetically Modified Foods the Way Ahead, Indian Council of
Medical Research, New Delhi, 01/04/2004
[
C.eldoc1/g74a/01apr04icm1.pdf]
agencies
More on Regulatory Frame Work on
Genetic Modification
Proposed government rider may become
a GM crop killer by Jacob P. Koshy, Mint, 19/09/2007 [
C.eldoc1/g74a/19sep07mnt1.html]
No to GM, Down to Earth,
31/07/2007 [
C.eldoc1/g74a/31jul07dte1.pdf]
Time to regulate the regulator
by Bhaskar Goswami, The Deccan Herald, 28/07/2007
[
C.eldoc1/g74a/28jul07dch1.html]
Fostering biotech industry, The
Hindu, 18/06/2007 (indexed, G74a)
Wide Power for Panchayats to Monitor
field Trials of GM crops by Kavita Kurughanti, 01/06/2007 [
C.eldoc1/g74a/01jun07wide_powers.pdf]
Civil Society Organizations and the
GM Trade Debate, Gene News, 01/05/2007
[
C.eldoc1/g74a/01may07gene1.pdf]
Growing, unregulated by Suman
Sahai, Gene, News Newsletter, 01/03/2007
[
C.eldoc1/g74a/01mar07gene4.pdf]
Keeping Track of GE Research,
Gene News Newsletter, 01/03/2007
[
C.eldoc1/g74a/01mar07gene3.pdf]
GM field trials now need panchayat
nod, Down to Earth, 30/01/2007 (indexed, G74a)
Biotechnology Institutional
framework in India, Gene News, 01/01/2007
[
C.eldoc1/g74a/01jan07gene1.pdf]
Panchayats to have say in GM crop
trials by Chetan Chauhan, The Hindustan Times, 22/12/2006
Standards, not double standards,
please by Bhaskar Goswami, The Financial Express,
Bombay, 04/10/2006 [
eldoc1.d70b/04oct06fe1.html
] http://www.financialexpress.com/fe_archive_full_story.php?content_id=142280
Biotech wars: food freedom vs Food
Slavery by Vandana Shiva, Znet, 23/06/2003
[
C.eldoc1/g74a/23jun08znet.html]
|