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Genetically Modified crops

Weaknesses of the present regulatory regime

7.27 The present regulatory regimes have ensured that systematic checks are carried out before any new GM plant releases or any introduction of GM material into food. Having regard to the objectives identified above, the present regimes can, however, be criticised on a number of grounds. The way in which risks and benefits within the regulatory regime are weighed up is not explicit. Neither advisory committee has been charged with the responsibility for monitoring impacts, although consents can be withdrawn if adverse effects are detected. Nor is ACRE required to take account of the cumulative impact of multiple releases of many different GM plants. Although it has recently been asked to consider the environmental impact of changes in agricultural practices that GM plants may bring about, ACRE does not have any responsibility for safeguarding any areas of non-GM farming or environments. The ACNFP has, underpinning its decisions, the very considerable powers of the 1990 Food Safety Act. This Act provides the authority to maintain the safety of all foods that are sold to the public, and through this power, authority over the processing and manufacturing of food. The Food Advisory Committee (FAC), a committee which, like the ACNFP, has consumer representation, carries the responsibility for food labelling, an important way to preserve choice, but labelling decisions are controlled by EU legislation.

7.28 The legislation controlling the release of GMOs has been criticised for not taking such concerns sufficiently into account, either in the legislation or in the administration of the case work. Similar criticisms have been made that GM food products are being introduced into the food chain without giving people sufficient information or choice of alternatives to enable them to choose non-GM food if they wish. There is also the view that there are some aspects of the judgements that need to be made which are not purely scientific, but involve value judgements in which consumers will wish to be involved.

7.29 It is fair to ask how far it may be possible to address these problems by modification of the existing regulatory regimes and how far it may be necessary to consider solutions going wider than the scope of the present regulation. We consider that it should be possible to amend the current regimes to strengthen the risk assessment process in ACRE and to introduce extended monitoring of effects. It might also be possible to widen the acceptability of the processes by involving a more broadly based group of stakeholders in reviewing consents for releases by ACRE. Managing the cumulative or indirect effects of GM plants on the environment, or ensuring the continued availability of non-GM food in the longer term requires quite different types of measures which we have not explored.

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