Regulation of Genetically Modified Food: A Legal Battle between Technology and Consumer Protection

r! "aumudhi Challa Assistant Professor #idayatullah $ational Law %ni&ersity Rai'ur( Chhattisgarh

)ntroduction

Genetically Modified Foods (GMF) Foods derived from genetically modified crops, seeds or animals. Multinational companies are involved in production of GM Food and its sale in the market is increasing day by day. Consumer may buy a GM Food ithout even kno ing that it is a genetically modified food and ithout kno ing its conse!uences

Genetically Modified Food

"t refers to the alteration of the genetic makeup of certain foods or crops by the insertion of novel genes from other sources or deletion of e#isting genes.

$ransgenic %rganism, Genetically Modified %rganism, Genetically &nhanced %rganism, or 'iving Modified %rganism

&C (ovel Foods )egulation as *a food hich is, or hich is made from, a genetically modified organism+ and hich contains genetic material or protein resulting from the modification.

$he first commercially gro n GMF tomato called Flavr resistant to rotting ,avr

as the 0 more

(-../)

Commonly used commercially available GMF are ,oy, Corn, $omatoes, 1apayas

GM Food: Ad&antages

2igh in nutrients, and contain more minerals and vitamins than those found in traditionally gro n foods. 3rgued that they increased shelf life have better taste,

Gro faster than the food crops that are gro n in the traditional manner

3llergies are eliminated successfully GM Crops can be gro n in places hich e#perience fre!uent drought or here climate is unfavorable or the soil is unfit for agriculture 3n attractive solution for meeting the demands of the population for the food Cost of production of GMF crops is less than that of traditional crops GM Food are less e#posed to harmful chemicals and is environment friendly

isad&antages
*! Allergenicity 4. Antibiotic Resistance +! Communicable disease ,! $on-communicable disease( including chronic disease and foetal abnormalities .! $utritional imbalance effects /! )ndirect effects 0! 1thical Problems

12am'les

GM 5ra6il nut, '0tryptophan and peas 0 Food ,upplement "n -.7., do6ens of 3mericans died and several thousands ere afflicted and impaired. "n -..8 5ra6il nut genes ere spliced into soybeans by a company 1ioneer 2i05red0 3llergic )eaction and anaphylactic shock (similar to a severe bee sting reaction) hich can cause death. "n 499: GM peas abandoned after tests sho ed they caused allergic lung damage in mice

GMF and )nternational Regulations

$he ;nited (ations agencies like F3% and <2% provide an intergovernmental forum through the Code# 3limentarius Commission, hich seeks to achieve international agreement on standards for food safety, including GM foods

3ther )nternational Measures

Cartagena

1rotocol

to

the

Convention

on

5iological =iversity, 4999. "t covers the transboundary movement, transit, handling and use of all 'M%s (e#cept pharmaceuticals) that may have adverse effects on the conservation and sustainable use of biological diversity, taking also into account risks to human health. "t allo s for standard0setting in relation to the handling, transport, packaging and identification of 'iving Modified %rganisms.

Food safety aspects of Genetically Modified %rganisms are, at international level, dealt ith by the F3%><2% Codex Alimentarius, hich covers all aspects of food safety $he "nternational 1lant 1rotection Convention ("11C) has the ob?ective of preventing the spread and introduction of plant and plant product pests, including eeds and other species that have indirect effects on both ild and cultivated plants, and to promote appropriate control measures.

)ndian Legal Framewor4

3rticle 4- )ight to 2ealth Consumer 1rotection 3ct, -.78 +)ules for the Manufacture>;se>"mport>&#port and ,torage of 2a6ardous Microorganisms, Genetically &ngineered %rganisms or Cells, -.7.@ under the provisions of the &nvironment (1rotection) 3ct, -.78

=epartment of 5iotechnology (=5$), Ministry of ,cience and $echnology through si# competent authoritiesA

-. $he )ecombinant =(3 3dvisory Committee ()=3C)B 4. $he )evie Committee on Genetic Manipulation ()CGM)B C. $he Genetic &ngineering 3pproval Committee (G&3C)B /. "nstitutional 5iosafety Committees ("5,C)B :. ,tate 5iosafety Coordination Committees (,5CC), andB 8.=istrict 'evel Committees (='C).

)eport of the $ask Force on the 3pplication of 3gricultural 5iotechnology chaired by 1rof. M.,. , aminathan (499/) recommended the establishment of an +autonomous, statutory and professionally0led (ational 5iotechnology )egulatory 3uthority@ ((5)3) $he )eport of the $ask Force on )ecombinant 1harma chaired by =r. ).3. Mashelkar (499:) supported the establishment of (5)3>Commission +providing a professionally managed single indo mechanism for giving various clearances including 5iosafety issues.@

$o establish and empo er the (5)3, =5$ is considering promulgating ne legislation, +(ational 5iotechnology )egulatory 3ct ((5) 3ct)@. foods are further regulated by the Food ,afety and ,tandards 3uthority under the Food ,afety and ,tandards 3ct, 4998. F,,3" is an autonomous statutory 3uthority set up under the Food ,afety and ,tandards 3ct, 4998 for laying do n science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and holesome food for human consumption F,,3" ill establish a ne secretariat ithin the F,,3", namely the %ffice of GM Foods and the GM Food ,afety 3ssessment ;nit.

DGM

Consumer <elfare should be given preferences

-. 3 specific legislation must be enacted for the regulation of GMF in "ndia. "t should also consider the issue of Food ,ecurity and Food ,afety along ith the aspect of consumer elfare. D 4. ,cientist has a vital role to play by providing correct and clear information regarding the ha6ardous and benefits of GMF. D C. $he GMF should be properly scrutini6ed and it should be labeled properly. 'ike ise the GMC or GM seeds being imported into the country must be monitored properly.

/. "ndiscriminate use of GMF Crops should not be promoted. "ndia being an agricultural country and mega hot spot bio0diversity region care should be taken to protect and encourage traditional varieties. :. $he use of genetic modification for improving the nutritional value and variety of plants should be regulated strictly. ;tmost care should be taken to see that the GM Food hich are in conflict ith the religious and cultural beliefs of consumers are not promoted.

'ast but not the least there must be a proper co0ordination and co0 operation bet een the different authorities orking in the country ith respect to GMF Crops, food safety and consumer elfare.

$hank Eou
r! "aumudhi Challa Assistant Professor #idayatullah $ational Law %ni&ersity Rai'ur( Chhattisgarh