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Genetically Modified Organisms Genetically Modified Organisms (GMO’s)(GMO’s)

Jennifer TakachJennifer Takach

Joshua RichterJoshua Richter

Natasha SimanichNatasha Simanich

ITRN 603ITRN 603

Professor S. MalawerProfessor S. Malawer

8 March 20068 March 2006

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GMO Issue – A brief background GMO Issue – A brief background

• Technological innovation and market Technological innovation and market integration have changed the global integration have changed the global scene in a political, economical, and scene in a political, economical, and ecological aspect.ecological aspect.

• Changes involving technological Changes involving technological innovation have brought about many innovation have brought about many ethical, legal, scientific, and ethical, legal, scientific, and institutional issues.institutional issues.

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What is “Genetically Modified”?What is “Genetically Modified”?

• Food Organisms:Food Organisms:– CropsCrops– LivestockLivestock– FishFish

• Non-food Non-food applications:applications:– ForestryForestry– HorticultureHorticulture

The modification of the genetic characteristics of a microorganism, The modification of the genetic characteristics of a microorganism, plant or animal by inserting a modified gene or a gene from another plant or animal by inserting a modified gene or a gene from another

variety or species.variety or species.

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Associated Risks of GMO’sAssociated Risks of GMO’s

Human health Human health risks:risks:Allergy/Allergy/

ToxicityToxicityChanges in Changes in nutritional nutritional compositioncompositionCumulative effects Cumulative effects on many new foodson many new foods

Ecological Ecological Risks:Risks:Gene FlowGene FlowEffects on non-Effects on non-target speciestarget speciesEffects on Effects on ecological balancesecological balances

Economic Economic Risks:Risks:Costs of health/Costs of health/ecological damageecological damageMajor economic Major economic displacementsdisplacementsLoss of Loss of business(consumer business(consumer choice)choice)Loss of trade/trade Loss of trade/trade barriersbarriers

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Associated Benefits of GMO’sAssociated Benefits of GMO’s

Human health Human health Benefits:Benefits:Nutritionally Nutritionally improved foodsimproved foodsMore food securityMore food securityPlant-produced Plant-produced vaccinesvaccines

Ecological Ecological Benefits:Benefits:Reduced need for Reduced need for agricultural agricultural chemicalschemicalsSoil Soil conservation/improveconservation/improved soil qualityd soil qualityMore efficient More efficient production(less land production(less land needed for food)needed for food)

Economic Economic Benefits:Benefits:Welfare of Human Welfare of Human health and Ecological health and Ecological benefits.benefits.Benefits of trade, to Benefits of trade, to sellers and sellers and consumersconsumers

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International Law on GMOsInternational Law on GMOs

U.S.(Complainant)U.S.(Complainant)

The FDA examines the safety The FDA examines the safety of foods and food additives. of foods and food additives.

The USDA checks the The USDA checks the influence of the environment, influence of the environment,

and the approval of the EPA is and the approval of the EPA is also required. Restrictions on also required. Restrictions on

labels are imposed for labels are imposed for products that contain non-products that contain non-conventional ingredients.conventional ingredients.

CanadaCanada

In October of 1999, In October of 1999, restrictions on labels were restrictions on labels were

imposed when products imposed when products contain non-conventional contain non-conventional

ingredients.ingredients.

Furthermore, data must be Furthermore, data must be submitted according to the submitted according to the safety, food, and medical safety, food, and medical

supplies rule.supplies rule.

E.U. (Respondent)E.U. (Respondent)

The European Parliament had The European Parliament had the bill about a label approved the bill about a label approved about all genetically modified about all genetically modified food and feed in July, 2002. food and feed in July, 2002.

Use of GMOs is heavily Use of GMOs is heavily regulated.regulated.

ChinaChina

Genetically modified food Genetically modified food health bill requires that the health bill requires that the food manufactured from the food manufactured from the

materials originating in a materials originating in a GM crop and a GM crop GM crop and a GM crop

should be labeled. And the should be labeled. And the safety examination must be safety examination must be approved by the department approved by the department

of Agriculture.of Agriculture.

JapanJapan

GMO’s used in food since GMO’s used in food since 1997. April 2001, Japan 1997. April 2001, Japan Agricultural Standards Agricultural Standards

method incorporated label method incorporated label system. Food Sanitation system. Food Sanitation Law requires the label Law requires the label

system of the same system of the same contents as the JAS method contents as the JAS method by welfare Ministry of Labor.by welfare Ministry of Labor.

Australia & New ZealandAustralia & New Zealand

A duty of labeling was A duty of labeling was imposed about the imposed about the

agricultural products and agricultural products and the processed food in the processed food in

December, 2001.December, 2001.

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WTO Agreements Involved in the DisputeWTO Agreements Involved in the Dispute

– Sanitary and Phytosanitary (SPS) Measures Sanitary and Phytosanitary (SPS) Measures AgreementAgreement

• Articles 2, 5, 7, and 8 of the AgreementArticles 2, 5, 7, and 8 of the Agreement

– GATT 1994GATT 1994• Articles I, III, X, and XIArticles I, III, X, and XI

– Agreement on AgricultureAgreement on Agriculture• Article 4Article 4

– Technical Barriers to Trade AgreementTechnical Barriers to Trade Agreement• Articles 2 and 5Articles 2 and 5

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Codex & the SPS AgreementCodex & the SPS Agreement

• Codex Alimentarius Commission - - Codex Alimentarius Commission - - – Establishes food and safety standards within the SPSEstablishes food and safety standards within the SPS– Provides a “burden of proof” on scientific dataProvides a “burden of proof” on scientific data– Agrees upon various ways of reducing riskAgrees upon various ways of reducing risk– Provides consistency in risk management decisionsProvides consistency in risk management decisions– Establishing expert scientific guidanceEstablishing expert scientific guidance

• Adds to the SPS Agreement –Adds to the SPS Agreement –– Agreed upon international food and safety standardsAgreed upon international food and safety standards– Establishes scientific guidelinesEstablishes scientific guidelines– Leaves room for interpretation through burden of proof Leaves room for interpretation through burden of proof

and different ways of reducing riskand different ways of reducing risk

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The ComplainantsThe Complainants

United StatesUnited States

CanadaCanada

ArgentinaArgentina

– Case Filed in 2003Case Filed in 2003

– EU had an unfair 6 year moratorium.EU had an unfair 6 year moratorium.

– Not scientifically justifiedNot scientifically justified

– Violates SPSViolates SPS

– Oppose EU food labeling and traceability regulations.Oppose EU food labeling and traceability regulations.

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The RespondentThe Respondent

European UnionEuropean Union

• ““every country has the sovereign right to make its own decisions every country has the sovereign right to make its own decisions on GMOs in accordance with the values prevailing in society.”on GMOs in accordance with the values prevailing in society.”

• 2004: Labeling and Traceability Rules2004: Labeling and Traceability Rules

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Panel FormationPanel Formation

• August 29August 29thth, 2003 – Single panel established by the DSB., 2003 – Single panel established by the DSB.• March 4March 4thth, 2004 – Director-General composed the panel., 2004 – Director-General composed the panel.• The decision due date has been postponed numerous The decision due date has been postponed numerous

times for various reasons:times for various reasons:– More time for countries to prepare rebuttals.More time for countries to prepare rebuttals.

– Panel’s decision to seek scientific and technical experts.Panel’s decision to seek scientific and technical experts.

– Panel to finalize their report.Panel to finalize their report.

• Currently, the due date of the official decision from the Currently, the due date of the official decision from the Panel is the end of March 2006.Panel is the end of March 2006.

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Panel’s Unofficial RulingPanel’s Unofficial Ruling

• February 7February 7thth, 2006 – Announced that the 6 year moratorium , 2006 – Announced that the 6 year moratorium waswas a trade violation. a trade violation.

• Final decision will officially be announced later this year.Final decision will officially be announced later this year.

• Still concern over how the EU will handle this decision.Still concern over how the EU will handle this decision.– U.S. concerns with labeling.U.S. concerns with labeling.

– E.U. grocery stores stance.E.U. grocery stores stance.

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Current Trade and Related IssuesCurrent Trade and Related Issues

• Current WTO (Sanitary and Phytosanitary Measures) Current WTO (Sanitary and Phytosanitary Measures) SPS Agreement applies to risks from additives, SPS Agreement applies to risks from additives, contaminants, toxins or disease-causing organisms, contaminants, toxins or disease-causing organisms, and it is not clear if potential risks from GMO foods fit and it is not clear if potential risks from GMO foods fit into one of those categories(hard to have scientific into one of those categories(hard to have scientific certainty)certainty)

• Trade issues on global level result from different Trade issues on global level result from different regulations in different countriesregulations in different countries

• Institutional issuesInstitutional issues

• WHO CAN SAY WHAT IS BEST FOR SOCIETY?WHO CAN SAY WHAT IS BEST FOR SOCIETY?

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Current Trade and Related IssuesCurrent Trade and Related Issues

• The benefits of GM Technology is not yet The benefits of GM Technology is not yet reality (most agricultural production reality (most agricultural production happens in developed countries)happens in developed countries)

• Few GMO products so far benefit Few GMO products so far benefit consumersconsumers

• Harder for developing countries to use Harder for developing countries to use GMO crops on small scale farmingGMO crops on small scale farming

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GMO’s in the NATIONAL Interest…GMO’s in the NATIONAL Interest…

• Trade and Economic Related - - Trade and Economic Related - - – US Patent Protection on Bio-engineeringUS Patent Protection on Bio-engineering– Access to markets (US is the single major producer of biotech products)Access to markets (US is the single major producer of biotech products)– As a result, US Corn & Soybean exports are threatened (high GMO content)As a result, US Corn & Soybean exports are threatened (high GMO content)– Unscientific Trade RestrictionsUnscientific Trade Restrictions

• Regulatory Oversight - - Regulatory Oversight - - – Crops and food products are Crops and food products are regulated by 14 separate laws in the U.S.regulated by 14 separate laws in the U.S.

alone!alone!

• Farmers & Producers - - Farmers & Producers - - – GMO and non-GMO crops are combined in the crop handling systems – to GMO and non-GMO crops are combined in the crop handling systems – to

separate would be costly and in some cases impossibleseparate would be costly and in some cases impossible– Not only crops but food products could be effectedNot only crops but food products could be effected– Labeling & tracing regulations are not necessary and are misleadingLabeling & tracing regulations are not necessary and are misleading

US Interests in GMO ExportsUS Interests in GMO Exports

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GMO’s in the NATIONAL Interest…GMO’s in the NATIONAL Interest…

• The Science - - The Science - - – GMO’s are as safe as natural counterpartsGMO’s are as safe as natural counterparts– Supported by 3200 international scientists (including 20 Nobel Supported by 3200 international scientists (including 20 Nobel

Laureates) Laureates) – 81 EU research projects resulted in no greater risk of GMO’s than 81 EU research projects resulted in no greater risk of GMO’s than

conventional counterpartsconventional counterparts

• Food aid is the same content as what US consumers eat!Food aid is the same content as what US consumers eat!

• The benefits of GMO’s - - The benefits of GMO’s - - – Reduction in use of pesticides, increased productivity, more crops Reduction in use of pesticides, increased productivity, more crops

yields on less landyields on less land– Environmental and ecological testing is completed before Environmental and ecological testing is completed before

commercialization of GMO’scommercialization of GMO’s– Bringing vital food and vitamin resources to poor/starving nationsBringing vital food and vitamin resources to poor/starving nations

• International Benefits - -International Benefits - -– Feed the poor – stop food hunger!Feed the poor – stop food hunger!

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GMO’s – One European ReactionGMO’s – One European Reaction

““It is so much simpler to condemn It is so much simpler to condemn something than to attempt to understand something than to attempt to understand it. We have a ‘fine tradition’ in Europe of it. We have a ‘fine tradition’ in Europe of

burning those people we do not burning those people we do not understand, whether they be witches or understand, whether they be witches or heretics, for it is much easier to do this heretics, for it is much easier to do this

than to try and understand them.”than to try and understand them.”

J.E. BeringerJ.E. Beringer

““EC-sponsored research on Safety of Genetically Modified Organisms”EC-sponsored research on Safety of Genetically Modified Organisms”

School of Biological Sciences, University of Bristol (UK), School of Biological Sciences, University of Bristol (UK),

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GMO’s - - INTERNATIONAL Interests…GMO’s - - INTERNATIONAL Interests…

• Trade and Economic Related - - Trade and Economic Related - - – Rights of Farmers to have access to genetic resources and Rights of Farmers to have access to genetic resources and

biotech benefitsbiotech benefits

– Scientific studies not conclusive enough in the emerging Scientific studies not conclusive enough in the emerging sciencescience

– Concern over MonopolizationConcern over Monopolization

• Regulatory Oversight - - Regulatory Oversight - - – Labeling for consumer choice and benefitLabeling for consumer choice and benefit

– Traceability standards in every step of the process Traceability standards in every step of the process

– Emerging laws and regulations dealing with the scientific Emerging laws and regulations dealing with the scientific principles and dissemination of GMO productsprinciples and dissemination of GMO products

International Interests in GMO International Interests in GMO Scientific ResearchScientific Research

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GMO’s - - INTERNATIONAL Interests…GMO’s - - INTERNATIONAL Interests…

• The Science - - The Science - - – Long-term effects unknownLong-term effects unknown– Allergenicity & Antimicrobial Allergenicity & Antimicrobial

resistanceresistance– Creation of new species as a result of Creation of new species as a result of

modern sciencemodern science

• Farmers & Consumers - - Farmers & Consumers - - – Causal – Non-GMO food scares in Causal – Non-GMO food scares in

Europe in mid-1990’sEurope in mid-1990’s– Public Health & Safety may be effected Public Health & Safety may be effected

by unknown risksby unknown risks– Lack of Knowledge in LDC’sLack of Knowledge in LDC’s

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Proposed SolutionProposed Solution

• Moratorium was a violation of fair trade laws.Moratorium was a violation of fair trade laws.

• EU has a right to regulate and monitor agricultural products.EU has a right to regulate and monitor agricultural products.– Feasible Timeline Needed.Feasible Timeline Needed.– Traceability Agreement.Traceability Agreement.– Label Agreement.Label Agreement.

• Educate EU citizens on GM food benefits.Educate EU citizens on GM food benefits.

• US has a right (under WTO trade rules) to access EU markets with US has a right (under WTO trade rules) to access EU markets with agricultural products.agricultural products.

• Internationally recognized health, food, and safety standards Internationally recognized health, food, and safety standards (Codex @ WTO) in order to reasonably conclude risk assessments (Codex @ WTO) in order to reasonably conclude risk assessments and benefits of GMO’s.and benefits of GMO’s.

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Food For ThoughtFood For Thought

• The following international consumers to a recent Washington State The following international consumers to a recent Washington State University study found that they are in favor of GMO products and University study found that they are in favor of GMO products and crops if the benefit is enhanced nutrients (although their knowledge of crops if the benefit is enhanced nutrients (although their knowledge of risks associated with GMO is directly related to their response)…:risks associated with GMO is directly related to their response)…:

– ChileChile

– MexicoMexico

– IndiaIndia

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Afterthoughts Afterthoughts

• Technological advances have assisted with productivity Technological advances have assisted with productivity levels, food and production resources, and environmentally levels, food and production resources, and environmentally safe products.safe products.

• There are risks associated with GMO’s, however, can be There are risks associated with GMO’s, however, can be scientifically reduced.scientifically reduced.

• Many international standards on food safety that may be Many international standards on food safety that may be counter to what national standards exist.counter to what national standards exist.

• Benefits of GMO’s yet to be realized by LDC’s.Benefits of GMO’s yet to be realized by LDC’s.

• Increased Consumer awareness programs – Labeling / Increased Consumer awareness programs – Labeling / education.education.

• Despite WTO ruling that GMO restrictions are in violation of Despite WTO ruling that GMO restrictions are in violation of the trade agreements, there is still much uncertainty as to the trade agreements, there is still much uncertainty as to the length of this dispute.the length of this dispute.

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Conclusion & ImplicationsConclusion & Implications

• Scientific data is now a part of trade disputes. Scientific data is now a part of trade disputes. – There is no scientific evidence either way which makes There is no scientific evidence either way which makes

GMO’s so controversial. GMO’s so controversial.

• The EU has taken the precautionary approach The EU has taken the precautionary approach and doesn't want to include GMO’s until proven and doesn't want to include GMO’s until proven safe.safe.

• The US claims that science can not progress until The US claims that science can not progress until is being applied.is being applied.

What does the future hold?What does the future hold?

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Discussion Question - LabelingDiscussion Question - Labeling

• Do you think that the EU Do you think that the EU should be allowed to label should be allowed to label GM food at their grocery GM food at their grocery stores?stores?

• How would labeling effect How would labeling effect consumers and GMO consumers and GMO producers?producers?

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Works CitedWorks Cited

• Ahearn, Raymond, “US-European Union Trade Relations: Issues and Policy Ahearn, Raymond, “US-European Union Trade Relations: Issues and Policy Changes”, 23 December 2004, Congressional Research Service, pg. 9-10.Changes”, 23 December 2004, Congressional Research Service, pg. 9-10.

- BBC News. “Q&A: Trade battle of GM food.” February 8BBC News. “Q&A: Trade battle of GM food.” February 8thth, 2006., 2006.- http://newsvote.bbc.co.uk/mpapps/pagetools/print/news.bbc.co.uk/2/hi/europe/http://newsvote.bbc.co.uk/mpapps/pagetools/print/news.bbc.co.uk/2/hi/europe/

4690010.stm4690010.stm

• Beringer, J. E., “EC-Sponsored Research on Safety of Genetically Modified Beringer, J. E., “EC-Sponsored Research on Safety of Genetically Modified Organisms”, Data SheetOrganisms”, Data Sheet

– http://europa.eu.int/comm/research/quality-of-life/gmo/general-intro.htmlhttp://europa.eu.int/comm/research/quality-of-life/gmo/general-intro.html

• Borak, Donna. Borak, Donna. “WTO Rules against EU on GMO’s”“WTO Rules against EU on GMO’s” Washington Post. February 8, Washington Post. February 8, 2006. 2006.

– http://binas.unido.org/binas/regs.php http://binas.unido.org/binas/regs.php

• ““Concerns Over Biotechnology Challenge US Agricultural Exports”, General Concerns Over Biotechnology Challenge US Agricultural Exports”, General Accountability Office, GAO-01-727Accountability Office, GAO-01-727

• ““Evaluation of Codex”, Codex Alimentarius,Evaluation of Codex”, Codex Alimentarius,– www.codexalimenatrius.net/web/evaluation_en.jspwww.codexalimenatrius.net/web/evaluation_en.jsp

• Larson, Alan P., “Discussion on the WTO Case on the EU Biotech Moratorium”, Larson, Alan P., “Discussion on the WTO Case on the EU Biotech Moratorium”, Foreign Affairs Press Release, 14 may 2003,Foreign Affairs Press Release, 14 may 2003,

– http://fpc.state.gov/fpc/20557.htmhttp://fpc.state.gov/fpc/20557.htm

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Works CitedWorks Cited

• Pew Initiative on Food and Biotechnology. August 2004.Pew Initiative on Food and Biotechnology. August 2004.– http://pewagbiotech.org/resources/factsheets/display.php3?FactsheetID=2http://pewagbiotech.org/resources/factsheets/display.php3?FactsheetID=2

• Questions and Answers on U.S. Food Aid Donations Containing Bio-Engineered Questions and Answers on U.S. Food Aid Donations Containing Bio-Engineered Crops”, Fact Sheet, US Agency for International Development, 10 January 2003,Crops”, Fact Sheet, US Agency for International Development, 10 January 2003,

– www.state.gov/e/eb/rls/fs/16736.htmwww.state.gov/e/eb/rls/fs/16736.htm

• ““Safety aspects of genetically modified foods of plant origins joint FAO/WHO…”, Safety aspects of genetically modified foods of plant origins joint FAO/WHO…”, World Health Organization, 29 May – 2 June 2000, pgs. 12-14, 49.World Health Organization, 29 May – 2 June 2000, pgs. 12-14, 49.

– www.who.int/foodsafety/publications/biotech/ec_june2000/en/index.htmlwww.who.int/foodsafety/publications/biotech/ec_june2000/en/index.html

• Siv, Sichan, “Bio-Engineered Crops”, Statement at the World Summit on Sustainable Siv, Sichan, “Bio-Engineered Crops”, Statement at the World Summit on Sustainable Development, 27 August 2002.Development, 27 August 2002.

– www.state.gov/p/io/rls/rm/2002/13587.htmwww.state.gov/p/io/rls/rm/2002/13587.htm

• World Trade Organization. Dispute Settlement DS291.World Trade Organization. Dispute Settlement DS291.- http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds291_e.htmhttp://www.wto.org/english/tratop_e/dispu_e/cases_e/ds291_e.htm

• ““20 Questions on Genetically Modified Foods”, World Health Organization, Question 20 Questions on Genetically Modified Foods”, World Health Organization, Question 13 & Question 1713 & Question 17

– www.who.int/foodsafety/publications/biotech/20questions/en/index.htmlwww.who.int/foodsafety/publications/biotech/20questions/en/index.html

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