China will implement safety legislation on genetically modified organisms

Scientific and sound GMO safety legislation (including GM food safety legislation) and its effective implementation will help minimize these real or potential negative effects.

Since the first successful planting of genetically modified crops in 1985, the total cultivated area of ​​transgenic crops in the world has accounted for 2% of the total cultivated area in the world, and the number of genetically modified organisms has reached 120, of which the main four are corn, cotton, soybeans and rapeseed. seed. There are currently more than 25 transgenic crops on the market. In China, genetically modified rice, corn, soybeans, cotton and other genetically modified crops have also emerged. Recently, the National People's Congress Agriculture and Rural Committee proposed in the relevant report, the relevant State Council departments should deal with legislation related to grain genetically modified management issues, to seek the 2011 draft food law for the National People's Congress Standing Committee to review. At present, the Ministry of Environmental Protection is organizing the drafting of the GMO safety law. The Ministry of Science and Technology is making preliminary preparations for the initiation of GMO safety legislation. The Ministry of Commerce proposes to strengthen the research on the issue of GMO legislation in conjunction with the drafting of the Food Law.

"Beijing Science and Technology News": What are the reasons for the legislation on the safety of genetically modified foods?

Yu Wenxuan: There is no clear scientific conclusion on the impact of genetically modified organisms and their products on human health. Under such circumstances, the law should not only consider the positive effects of the development of modern biotechnology on social and economic development, but should also pay attention to its adverse effects on human health, the ecological environment, and the economic system, especially food safety. Scientific and sound GMO safety legislation (including GM food safety legislation) and its effective implementation will help minimize these real or potential negative effects.

“Beijing Science and Technology News”: What are the current laws regarding the safety of genetically modified foods in China? What are the existing legal issues?

Yu Wenxuan: China has not yet established a special GM food safety legislation. Legislation concerning the safety of genetically modified foods mainly includes the Food Safety Law of 2009, the Regulations on the Administration of Agricultural Genetically Modified Organisms in 2001, the Regulations on the Hygienic Management of Genetically Modified Foods in 2002, and the Regulations on Food Labeling 2007 that you mentioned. and many more.

Taking the labeling system as an example, in the labeling method, the "Administrative Measures on the Labeling of Agricultural Genetically Modified Organisms" requires the mandatory labeling of the three types of products. These three types of products are: transgenic animals, plants, and microorganisms; direct processed products of genetically modified agricultural products; manufactured from agricultural genetically modified organisms or products containing agricultural genetically modified organism components, but are no longer contained or detectable in the final sales of products. Genetically modified products. However, this management method does not specify what constitutes “direct processed goods”; at the same time, the management approach also imposes mandatory marking requirements only on “directly processed goods”, and there is no requirement for “indirect processed goods” to be marked. It is possible to provide potential sales channels for deep-processed genetically modified agricultural products.

Regarding the scope of labeling, according to the "Administrative Measures on the Labeling of Agricultural Genetically Modified Organisms", only the products listed in the catalogue of agricultural genetically modified organisms are applicable to this system. The first list covered 17 products of 5 categories including soybeans, corn, canola, cotton and tomatoes, but the coverage of these 17 products was obviously too narrow. For example, the catalog states that soybean seeds, soybeans, soy flour, soybean oil, and soybean meal need to be identified, but consumption of blended oil, tofu, soymilk, soybean milk powder, fermented bean curd, etc. is not included, and genetically modified ingredients may also be incorporated into these products. Another example is that China's rural areas generally eat cottonseed oil, and most of the cotton produced in China is transgenic insect-resistant cotton. This catalog only identifies cotton seeds but no mention of cottonseed oil.

"Beijing Science and Technology News": In order to improve our country's GM food safety legislation should start from what aspects?

Yu Wenxuan: First of all, we should seize the time to formulate a comprehensive GMO safety law. The safety of genetically modified foods involves almost all aspects of research, development and application of genetically modified technologies. Scientific comprehensive genetically modified organism safety legislation is an important basis for the safety management of genetically modified foods. At present, China's comprehensive GMO safety legislation is progressing slowly.

Second, legislation on the management of transgenic technology activities should be improved. Our country's legislation in this area is mainly concentrated in the narrow sense of agriculture, namely the field of planting. Further legislation should focus on supplementing legislation on the management of GMO activity in other areas. Legislation on the management of genetically modified technology activities can be formulated as separate regulations, as well as administrative regulations, or in specific legislation.

Third, the special legislation on GM food safety should be formulated in due course. In terms of content, this special legislation should include provisions for the provision of food ingredients, food production, food transportation, food sales, etc., and attaches particular importance to the improvement of the labeling system for genetically modified foods, with regard to the scope of labeling, traceability, and unique identifier identification thresholds. , marking methods, etc., make clear provisions.

Fourth, legislation on damage compensation for genetically modified organisms should be formulated in due course. China has not yet established specific legislation for damage compensation for genetically modified organisms, nor does it explicitly specify specific legislation and related legislation for biosafety management in related fields. Legislation for compensation for damages and disputes can be separately formulated as legislation, or it can be stipulated in comprehensive GMO safety laws or other legislation. The relevant contents of the “Nagoya-Kuala Lumpur Supplementary Protocol to the Cartagena Protocol on Biosafety” on the liability and remedy of the Cartagena Protocol on Biosafety can be used for reference in the legislative process, and full consideration is given to our country’s realistic needs in addressing the issue of genetically modified food safety.

"Beijing Science and Technology News": Can legislation solve the current problems?

Yu Wenxuan: Legislation is one of the important ways to solve the problem of genetically modified foods, but the simple legislative effort is obviously not enough. Strong policy support, technical support, legal implementation, as well as good public awareness and full public participation are all necessary conditions for effectively addressing the issue of genetically modified food safety.

"Beijing Science and Technology News": It is understood that the attitude towards treating genetically modified foods is strictly limited in Europe, while the United States is loosely regulated, while China mainly draws on the practice of the United States. Why?

Yu Wenxuan: For genetically modified foods, the EU countries adopt the principle of risk prevention and advocate that even if scientific activities are not possible, modern biotechnology-related activities may pose a threat to human health or may cause serious and irreversible damage to the ecological environment. Evidence proves that the hazard must occur and necessary precautions should be taken. In contrast, the United States adheres to the principle of substantial equality and holds that unless it can prove that genetically modified foods are risky, they are deemed to be equivalent to traditional foods in nature, and there is no risk. The rapid development of genetically-modified biotechnology in China and the modern biotechnology industry have played an increasingly important role in the national economy. This has made our country's legislation on the safety of genetically modified foods and its implementation less stringent than that of EU countries.