[62]  In addition, users are subject to liability for damage caused by GMO-related activity, unless the GMO was in the possession of an inspector and the user could not have foreseen or prevented the damage. [45]  If the release of a GMO “may pose a threat to an indigenous species or the environment no permit for such a release may be issued unless an environmental impact assessment has been conducted” under the terms of the relevant law. GM techniques have been approved for use in research involving both plants and animals, subject to various controls. In South Africa, the regulations governing the labelling of foods containing genetically modified organisms (GMOs) is outlined in Section 24 of the Consumer Protection Act, 2008 (No 68 of 2008) , which was signed into law on 24 April 2009 and came into effect on 31 March 2011 . [42]  The application for registration must include the name of the person taking responsibility for the facility; a map of the facility showing the different units within the facility; a locality map that includes geographic coordinates; a science-based risk assessment of the activity within the facility; and the proposed risk-management mechanism, measures, and strategies. GMO Policies by Country describes laws in different countries allowing or banning Genetically Modified Organisms (GMOs). In Brazil, GMOs are governed by a law that defines the concept of a GMO and sets rules for the laboratories that work with them. 2012). [9] Foodstuffs, Cosmetics and Disinfectants Act No. 467 (Apr. The general attitude in England is averse to GM products; however, a slight shift in attitude towards GM products has recently been reported, and the UK government’s policy indicates a more receptive attitude towards these products. The testing, production, and marketing of GMOs in China are subject to government approval. [10]  The study found that eighty percent of those surveyed had limited understanding of biotechnology, and more than two-thirds had never heard of GMOs before. The form of regulation varies depending on the type of GMO involved. Germany imposes strict liability for accidental contamination with GMOs, and has tough and methodically enforced controls over the release of GMOs. It further requires that safety to the environment be demonstrated before GMOs can be approved for release. [46]  In effect, a GMO would not be approved for any form of release if “safety to the environment cannot be demonstrated.”[47], The law also imposes a public notification requirement for the release of GMOs. Argentina is the third largest grower of biotech crops in the world, after the United States and Brazil. The primary legislation governing the issue is the Genetically Modified Organisms Act of 1997 (GMO Act)[4] and its subsidiary legislation (GMO Regulations). Id. Foreign companies that export GMOs to the PRC, including GMOs as raw materials, must apply to the Ministry of Agriculture and obtain GMO Safety Certificates. Argentina is the third largest grower of biotech crops in the world, after the United States and Brazil. Press | Official blog from the Law Library of Congress, Back to Restrictions on Genetically Modified Organisms. Mexico’s Law on Biosecurity of Genetically Modified Organisms is a federal law that provides rules concerning GMOs, and is aimed at preventing, avoiding, or reducing the risks that these activities may cause. Cultivation of transgenic plants for commercial use is not allowed in the Russian Federation. 23 of 2006, Preamble; Country Profile – South Africa, Biosafety Clearing House, Convention on Biological Diversity, http://bch.cbd.int/about/countryprofile .shtml?country=za (last visited Oct. 30, 2013). [31]  It consists of up to ten members appointed by the Minister of Agriculture, Forestry and Fisheries, eight of whom must be knowledgeable in the field of science applicable to GMO-related activities. Official blog from the Law Library of Congress. No general conservation strategy The Italian Constitutional Court has ruled that the national government is constrained from encroaching on the power of regional governments to establish their own regimes on GMOs. * This report was prepared with the assistance of Law Library intern Antoinette Ofosu-Kwakye. [26]  The Registrar is also required to arrange for inspection of facilities where GMO-related activities take place and order the cessation of an activity that he or she has established or reasonably suspects is in violation of the GMO Act or a condition set under a permit. This bibliography lists selected, recent English-language works on restrictions on GMOs. See also a summary of the case at Trustees For the Time Being of the Biowatch Trust v. Registrar Genetic Resources and Others, Right2Info, http://www.right2info.org/cases/r2i-trustees-for-the-time-being-of-the-biowatch-trust-v.-registrar-genetic-resources-and-others (last visited Oct 30, 2013). The 1997 GMO Act is available on the Department of Agriculture, Forestry and Fisheries (DAFF) website, at http://www.daff.gov.za/doaDev/sideMenu/acts/15%20 GMOs%20No15%20% 281997%29.pdf. 68 of 2008, 526 Government Gazette [GG], No. Germany discourages the cultivation of GM crops to the extent possible within the already stringent European Union legislation on GMOs. advising the Minister of Agriculture, Forestry and Fisheries on GMO-related activities and monitoring these activities to ensure that they follow the rules and procedures set under the GMO Act; determining whether an applicant should submit an environmental assessment report; and. Additionally, it establishes authorization procedures for GMO research, and establishes rules for the production and marketing of GMOs, restrictions on their release into the environment, regimes for their cultivation, requirements for reporting their release, inspections and monitoring of GMO research activities and their commercial release, implementing authorities and authorizing procedures for their release, and restrictions on GMOs in foodstuffs. [43], Any applicant aggrieved by a decision or action of the EC, the Registrar, or an inspector may appeal before the Minister of Agriculture, Forestry and Fisheries within thirty days of the issuance of the decision or action in question. [44], There is a strict application and approval process for the release of GMOs, including a trial release and a general release. 35007 (Feb. 10, 2012), http://www.info.gov.za/view/159582; Genetically Modified Organisms Act, 1997, Regulations Amendments, 2011, GN No. For instance, it requires a permit for conducting most GMO-related activities, and conducting such activities entails putting in place scientifically-based risk assessment measures and notifying the public before the release of GMOs into the environment. Egyptian activists have voiced their rejection of this policy. [33], A GMO-related activity may not be conducted in South Africa without a permit. . This includes research and development, import/export, production, consumption and other uses of … The Department of Health, specifically the Food Control Section, tasked with the responsibility to ensure food safety in the country, has issued regulations requiring that foodstuffs obtained through certain genetic modification techniques be labeled as such before being offered for sale in the marketplace. A study investigating voluntary labeling in South Africa found that 31% of products labeled as … Labeling can be mandatory up to a threshold GM content level (which varies between countries) or voluntary. This Act established three regulatory authorities—an Executive Council, Registrar, and an Advisory Committee—for effective implementation of its objectives. [11], However, various key organizations have shown interest in the process of overhauling the GMO regulatory regime. The use of GMOs in food is a sensitive topic that generates strong public opinion. [15], The GMO Act, which is administered by the Department of Agriculture, Forestry and Fisheries (DAFF), and three institutions established under its provisions (the Registrar, the Executive Council (EC), and the Advisory Council (AC)), has a number of objectives. Criminal penalties and administrative sanctions may be applied to violations of licensing requirements. Labeling of GMO products in the marketplace is required in 64 countries. [12] Parliamentary Monitoring Group (PMG), Genetically Modified Organisms Amendments Bill: Hearings (Jan. 17, 2006), http://www.pmg.org.za/minutes/20060116-genetically-modified-organisms-gmo-amendment-bill-hearings. 29, 2009), http://www.info.gov.za/view/ DownloadFileAction?id=99961. There are two major international protocols that address genetically modified organisms, the Cartagena Protocol of  2000 and the Nagoya-Kuala Lumpur Supplementary Protocol of 2010. About | if the EC deems it appropriate, an environmental risk assessment. 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