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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. 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]

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