The approaches taken by governments to assess and manage the risks associated with the use of
genetic engineering technology and the development and release of GMOs vary from country to country, with some of the most marked differences occurring between the United States and Europe. The United States takes on a less hands-on approach to the regulation of GMOs than in Europe, with the FDA and USDA only looking over pesticide and plant health facets of GMOs. Despite the overall global increase in the production in GMOs, the European Union has still stalled GMOs fully integrating into its food supply. This has definitely affected various countries, including the United States, when trading with the EU.
European Union The
European Union enacted regulatory laws in 2003 that provided possibly the most stringent GMO regulations in the world. However, although the European Union has had relatively strict regulations regarding genetically modified food, Europe is now allowing newer versions of modified maize and other agricultural produce. Also, the level of GMO acceptance in the European Union varies across its countries with Spain and Portugal being more permissive of GMOs than France and the Nordic population. One notable exception however is Sweden. In this country, the government has declared that the GMO definition (according to Directive 2001/18/EC) stipulates that foreign DNA needs to be present in an organism for it to qualify as a genetically modified organisms. Organisms that have the foreign DNA removed (for example via selective breeding) therefore do not qualify as GMOs, even if
gene editing has been used to make the organism. In June 2014 the
European Parliament approved that individual member states are allowed to restrict or ban the growth of GM crops within their territory. Austria, France, Greece, Hungary, Germany, and Luxembourg had prohibited the growth or sale of bioengineered foods in their territory in 2015. Scotland also announced its rejection. By 2015, sixteen countries declared they want to opt out of EU-approved GM crops, including GMOs from major companies like
Monsanto,
Dow,
Syngenta and Pioneer.
United States The U.S. regulatory policy is governed by the
Coordinated Framework for Regulation of Biotechnology The policy has three tenets: "(1) U.S. policy would focus on the product of genetic modification (GM) techniques, not the process itself, (2) only regulation grounded in verifiable scientific risks would be tolerated, and (3) GM products are on a continuum with existing products and, therefore, existing statutes are sufficient to review the products." For a genetically modified organism to be approved for release in the U.S., it must be assessed under the
Plant Protection Act by the
Animal and Plant Health Inspection Service (APHIS) agency within the
USDA and may also be assessed by the
FDA and the EPA, depending on the intended use of the organism. The USDA evaluate the plants potential to become weeds, and the EPA regulates genetically modified plants with pesticide properties, as well as agrochemical residues. In 2017 a proposed rule was withdrawn by APHIS after public comment. Agricultural stakeholders especially felt it would have excessively restricted genetic engineering and even new methods of conventional
plant breeding. India and China are the two largest producers of genetically modified products in Asia. The Office of Agricultural Genetic Engineering Biosafety Administration (OAGEBA) is responsible for regulation in China, while in India it is the Institutional Biosafety Committee (IBSC), Review Committee on Genetic Manipulation (RCGM) and Genetic Engineering Approval Committee (GEAC). Brazil and Argentina are the 2nd and 3rd largest producers of GM food. In Argentine assessment of GM products for release is provided by the National Agricultural Biotechnology Advisory Committee (environmental impact), the National Service of Health and Agrifood Quality (food safety) and the National
Agribusiness Direction (effect on trade), with the final decision made by the Secretariat of Agriculture, Livestock, Fishery and Food. are responsible for evaluating the safety and nutritional value of genetically modified foods released in Canada. License applications for the release of all genetically modified organisms in Australia is overseen by the
Office of the Gene Technology Regulator, while regulation is provided by the
Therapeutic Goods Administration for GM medicines or
Food Standards Australia New Zealand for GM food. The individual state governments can then assess the impact of release on markets and trade and apply further legislation to control approved genetically modified products. The Australian
Parliament relaxed the definition of GMOs, in 2019, to exclude certain GMOs from GMO
regulation and government oversight. In
Singapore,
synthetic biology products are regulated as if they were
genetically modified organisms under the
Biological Agents and Toxins Act. For further review see Trump 2017. In Saudi Arabia's
Neom project genetically engineered agriculture is legal, encouraged, and is funded by the government as an integral part of the project.
Labeling One of the key issues concerning regulators is whether GM products should be labeled. Labeling can be mandatory up to a threshold GM content level (which varies between countries) or voluntary. A study investigating voluntary labeling in South Africa found that 31% of products labeled as GMO-free had a GM content above 1.0%. Japan, Malaysia, New Zealand, and Australia require labeling so consumers can exercise choice between foods that have genetically modified, conventional or organic origins.
Trade The Cartagena Protocol sets the requirements for the international trade of GMOs between countries that are signatories to it. Any shipments contain genetically modified organisms that are intended to be used as feed, food or for processing must be identified and a list of the transgenic events be available.
Substantial equivalence "Substantial equivalence" is a starting point for the safety assessment for GM foods that is widely used by national and international agencies—including the Canadian Food Inspection Agency, Japan's Ministry of Health and Welfare and the U.S. Food and Drug Administration, the United Nation's Food and Agriculture Organization, the
World Health Organization and the OECD. A quote from FAO, one of the agencies that developed the concept, is useful for defining it: "Substantial equivalence embodies the concept that if a new food or food component is found to be substantially equivalent to an existing food or food component, it can be treated in the same manner with respect to safety (i.e., the food or food component can be concluded to be as safe as the conventional food or food component)". The concept of substantial equivalence also recognises the fact that existing foods often contain toxic components (usually called
antinutrients) and are still able to be consumed safely—in practice there is some tolerable chemical risk taken with all foods, so a comparative method for assessing safety needs to be adopted. For instance, potatoes and tomatoes can contain toxic levels of respectively, solanine and alpha-tomatine alkaloids. To decide if a modified product is substantially equivalent, the product is tested by the manufacturer for unexpected changes in a limited set of components such as toxins, nutrients, or allergens that are present in the unmodified food. The manufacturer's data is then assessed by a regulatory agency, such as the U.S.
Food and Drug Administration. That data, along with data on the genetic modification itself and resulting proteins (or lack of protein), is submitted to regulators. If regulators determine that the submitted data show no significant difference between the modified and unmodified products, then the regulators will generally not require further food safety testing. However, if the product has no natural equivalent, or shows significant differences from the unmodified food, or for other reasons that regulators may have (for instance, if a gene produces a protein that had not been a food component before), the regulators may require that further safety testing be carried out. • Study of the introduced DNA and the new proteins or metabolites that it produces; • Analysis of the chemical composition of the relevant plant parts, measuring nutrients, anti-nutrients as well as any natural toxins or known allergens; • Assess the risk of gene transfer from the food to microorganisms in the human gut; • Study the possibility that any new components in the food might be allergens; • Estimate how much of a normal diet the food will make up; • Estimate any toxicological or nutritional problems revealed by this data in light of data on equivalent foods; • Additional animal toxicity tests if there is the possibility that the food might pose a risk. There has been discussion about applying new
biochemical concepts and methods in evaluating substantial equivalence, such as metabolic profiling and protein profiling. These concepts refer, respectively, to the complete measured biochemical spectrum (total fingerprint) of compounds (metabolites) or of proteins present in a food or crop. The goal would be to compare overall the biochemical profile of a new food to an existing food to see if the new food's profile falls within the range of natural variation already exhibited by the profile of existing foods or crops. However, these techniques are not considered sufficiently evaluated, and standards have not yet been developed, to apply them. ==Genetically modified animals==