Australian Modified Food Regulator Gets Sharp Teeth  

James Woodford / Sydney Morning Herald 21jun00

The first Federal statutory body authorised to approve the introduction of genetically modified organisms will have similar powers to the Federal Police.

A briefing paper on legislation which will be presented to Parliament this week says that the proposed Gene Technology Regulator will be able to appoint inspectors with powers to investigate breaches of the new law.

"[The regulator will] have enforcement powers which include the ability to issue directions, cancel or suspend approvals, seek injunctions and make reports directly to Federal Parliament," the paper says.

"The legislation also imposes stringent penalties in the case of a breach of the legislation of up to $1.1 million for corporations."

The regulator would be able to order independent research into any proposals that come before it and a range of monitoring powers.

At present the interim office of Gene Technology Regulator relies on the goodwill of companies, and none is under any legal obligation to comply with the recommendations of a non-statutory body, the Genetic Manipulation Advisory Committee.

The head of the interim office, Ms Liz Cain, said the new regime would enable the public to feel more confident about gene technology.

Three committees - policy, scientific and ethical - will be established as will a public database of all genetically modified organisms in Australia.

"The legislation will regulate all 'dealings' (eg research, manufacture, production, commercial release and import) with live, viable organisms that have been modified by techniques of gene technology," the paper says.

The new gene technology regulator would consider advice from a number of sources including the Federal environment minister, States, Territories and local governments, health agencies and the public.

The chairman of the Organic Federation of Australia, Mr Scott Kinnear, said the approach of the House of Representatives report which recommended a green light for genetic crops was "seriously out of touch". He called for a moratorium of between two and five years on genetically modified crops and a halt to open field trials in secret locations.

The director of the Australian Conservation Foundation's Genethics Network, Mr Bob Phelps, also demanded a moratorium on GMO trials. The proposed regulator would be a toothless tiger, he said.

Mr Phelps feared that the new body would be stacked with proponents of the technology.

"It's important that the regulator be genuinely precautionary. Social, environmental, ethical and economic issues need to have the same standing as concerns as the pure scientific risk assessments."

The full (genetic) monty

The likely behaviour of a genetically modified organism is to come under keen scrutiny. Information about its origins and details of its characteristics, including how it may spread itself, will all need to be revealed before being trialled if legislation is to pass Federal Parliament.

According to a briefing paper prepared by the Interim Office of Gene Technology Regulator, a company or person proposing to develop a Genetically Modified Organism would also need to make public all information about any health impacts, such as increased toxic or allergenic effects.

Any possible impacts on Australian flora and fauna would then be the subject of research.

Only at this point would the proposed new statutory agency, the Gene Technology Regulator, decide to either reject the proposal or call for public submissions on possible risks.

Following this the regulator would be required to prepare a thorough risk assessment and then conduct a second round of public submissions. The final stage of approval would involve the imposition of conditions and the management of any possible risks associated with the new organism. These conditions could include where the crop may be grown, measures to limit its spread, how it will be disposed of and monitoring procedures.

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