With effect from January 1, 2013,
the government has made it mandatory to mention the sign, “genetically
modified” (GM) on every food package that contains it.
While rolling out the new
regulation, Food and Consumer Affairs Minister, KV Thomas, informed the
parliament that, there is only a decreased level of awareness about GM foods
amongst people in the country; the reason being GM food, which is relatively a
new technology, has not been widely experimented. This statement came on the
heels of the parliamentary standing committee report on Agriculture, headed by
Basudeb Acharya, which also recommended compulsory labeling of all GM products
so as to ensure that the consumer is able to make an informed choice.
With the moratorium on Bt Brinjal
issued on February 9, 2010, which is still in force, India at present does not produce
any GM food. At the same time, in non-foods category, the government has
allowed commercial cultivation of only Bt cotton since 2002. The latest order
therefore is expected to essentially affect food importers and the agri-biotech
industry in the long run. For instance, Heinz tomato ketchup may need to
display “GM”, if the original ingredients included GM tomatoes. The same will
be applicable in the case of imported oils like soyabean and canola. Even
imported potato chips and tortillas will come under the scanner.
Referring the move to be
arbitrary in nature, Dr Shanthu Shantharam, professor, Iowa
State University,
Ames, Iowa
and former executive director of Association of Biotech Led Enterprises-Agriculture
Group (ABLE-AG) stated that, the labeling rule has been made hastily and
without a proper discussion or consultation. He goes on to ask an interesting
question, “We all know that groundnut and cow's milk is allergic to certain sections
of the population, but do they label them in the Indian market?”
Dr B Mazumdar, vice president, Bejo
Sheetal Seeds feels that at the moment it is very difficult to comment anything
about the long term implications. “At this present situation it does not make
any difference because the fate on agri-biotech still remains undecided,” added
Dr Mazumdar.
Illegal imports
Right to information (RTI) responses
have revealed that no permission has been granted for the import and sale of
any GM food in India
other than purified soya oil. According to Food Safety and Standards Act, 1986,
no person shall manufacture, distribute, sell or expose for sale or dispatch or
deliver to any agent or broker for the purpose of sale, any packaged food
products (including genetically modified or engineered food or food containing
such ingredients) which are not marked and labelled in the manner as specified
by the regulations. Genetic Engineering Appraisal Committee (GEAC), which
currently regulates the GM food affairs wants some of its regulatory powers to
be shared by the Food Safety and Standards Authority of India (FSSAI). But the
Authority is still in a nascent stage and the general impression is that, its
food lab in Kolkata under the Ministry of Health, is not so well-equipped. Dr
Sagari R Ramdas, director, Anthra, while deposing before committee had stated
that, “There is no system of labeling in this country. So, we have absolutely
no way of assessing if the cotton seed oil is either GM oil or non-GM oil.”
Civil society activists allege
that many Indians may already be eating the controversial corn through a
variety of imported products made out of GM corn. The contention is based on
the fact that chips made of corn are being imported regularly to India by American manufacturers via dealers in Singapore and Taiwan. They point out that, in 2008,
an import consignment of Doritos, a chips brand owned by PepsiCo, was detained
by Customs authorities in Mumbai, as it was allegedly found to contain
genetically modified ingredients. Following this, the importer penned to the
GEAC seeking a “no objection certificate”. The GEAC cleared the consignment
based on an undertaking given by the company that the chips did not contain GM
corn.
Greenpeace claims that tests
conducted at an independent laboratory on products picked up randomly from a
supermarket in the capital revealed Doritos corn chips to contain genetically
modified Mon 863 and NK 603 variety corn ingredients. According to Shivani Shah,
campaigner, Greenpeace, “There has been no permission granted for the
cultivation of GM food crops in the country. But the imported processed foods
in all likelihood may contain varying amounts of GM ingredients. There is a
Directorate General of Foreign Trade (DGFT) rule to ensure no unapproved GM
food enters our markets through import, but unfortunately there is no mechanism
to check this at our ports of entry.”
However, PepsiCo spokesperson had
claimed that the chips were produced in Taiwan from locally grown corn
suppliers and denied the official import of these chips into the country. Two
Delhi-based importers on condition of anonymity told BioSpectrum that they were
unaware of the GM issues and mentioned that they have been importing the
Doritos chips and Heinz ketchup on regular basis. “The labeling might make
consumers skeptical about the products and even might affect the other non GM
foods too,” said another importer.
Will regulation really work?
Many feel that the current
regulation is weak and leaves room for misuse by the food industry. Given that
there is no mention of the threshold levels, traceability and liability which
are necessary corollaries of a labeling system for GMOs, it is also said that
the notification needs to be fleshed out further to ensure that the directed
intention meets desired objective.
Citing labeling as a very
contentious issue, Dr Shantharam opined, “It is believed by the industry that
it is like posting 'skull and crossed bones' on GM foods as it has been
demonized by the anti-GM lobby. It is a trick to castigate the GM food and kill
the market for it. Moreover, what counts in is the “truth in labeling”. With
the kind of supply chain that operates in India and other developing
countries, it is very difficult to maintain a strict segregation from farm to fork.
Therefore, whatever is served at the dining table may not be what it says on
the label, thereby misleading the consumer.”
But at the same time, the
parliamentary committee report seeks to dispel notions that it might not work
in India.
It specifically mentions China,
which despite being a populous country made labeling of such products mandatory.
“The new regulation needs to make it clear that this will not only be
applicable to processed foods from within India, but also foods that are
imported as well. Labeling also needs to be applicable to oil, which comes from
Bt cotton seeds in India as
well as soya and corn oil which is imported to the country from countries like
the US,”
said Basudeb Acharya, chairman, Parliamentary Committee on Agriculture.
Rajesh Krishnan, campaigner, Greenpeace
India,
is strongly of the opinion that government must enact a legislation to protect
the rights of consumers. “Today, consumers have no rights and no means to know
which imported food contains GM. There should be compulsory testing and
labeling of GM foods entering the country,” enthused Krishnan.
With Ferderal Drug Investments (FDI)
in retail being seen as a boost for importers, it remains to be seen how
effective the new law would be in its checks and balances. Moreover, ensuring
that the intended message has reached the consumer will alone not suffice, but
the awareness about the GM foods cleared by the overseas regulatory agencies
declaring it safe, should also be considered crucial.
Rahul Koul