Industry clueless about implementing labelling rule; FSSAI dithers over regulations
A supermarket in Moscow. Label of GM-free food is seen in the foreground (Photo: Reuters)
INDIA MAY NOT have started growing genetically modified (GM) food
crops, but it does import food products that contain GM ingredients.
Consumers who buy them have no way of knowing what they contain.
Recently, the department of consumer affairs under the Union food and
consumer affairs ministry decided to take a corrective measure to help
consumers make an informed choice. It mandated that all packaged food
products containing GM ingredients should carry a GM label from January
1, 2013.
The department notified 19 commodities to be covered by the new
labelling rule under the Legal Metrology (Packaged Commodities) Rules.
These include baby food, biscuits, breads, edible oils, milk powder,
cereals and pulses. “Every consumer has a right to know what kind of
food he or she is eating, and with the controversy over health impacts
of genetically modified food, labelling becomes all the more important,”
says B N Dixit, director (legal metrology) with the department of
consumer affairs.
Who will monitor?
But how will the new rule get implemented? The consumer affairs
department deals only with packaging, and weights and measures. Dixit
says it is for the Food and Safety Standards Authority of India (FSSAI)
to decide what information should be displayed and in what manner. FSSAI
was mandated by the Food Safety Standards Act of 2006 to regulate GM
food and draft regulations for labelling food containing genetically
modified organisms (GMOs). These have not been finalised till date.

Down
To Earth (DTE) asked FSSAI what specific symbol would be used for GM
labelling, how it plans to monitor GM labelling and whether it has
drafted rules for implementing it. FSSAI chief executive officer, S N
Mohanty, had this to say in his written response: “Regulations for
labelling of GM food are under preparation in FSSAI and these would be
incorporated in labelling and packaging regulations of FSSAI which is
under preparation.”
In 2010, FSSAI had prepared an interim regulation—Operationalising
the Regulation of Genetically Modified Foods in India. It says that to
manage the regulatory programme for GM foods, FSSAI would establish a
new secretariat—GM Foods and Food Safety Assessment Unit (GMFSAU). It
would have a multi-disciplinary team of scientists trained in safety
assessment.
This unit would assess and decide whether the GM event (gene
insertion) for which approval is sought can be considered as safe as
non-GM food. The report of GMFSAU would then be reviewed by FSSAI’s
expert committee on GM foods, which would also oversee the public
consultations process before giving its recommendation (see diagram).
But this interim regulation may end up as an exercise on paper.
Mohanty says the department of biotechnology has since mooted the
Biotechnology Regulatory Authority of India (BRAI) bill for a single
regulator for genetically modified food. Since BRAI has come into
picture, it is yet to be made clear who will regulate GM food.

The
food processing industry, meanwhile, is clueless about what needs to be
done before the approaching deadline of January 1. Industry sources say
they cannot act unless they get clear instructions. Dixit blames FSSAI
for the situation, saying the consumer affairs department had given it
more than six months to formulate regulations.
“Our department plans to hold public awareness campaigns through
advertisements about GM labelling and we’ll be at work from January 1,”
he says. The consumer affairs department has powers to penalise
violators and seize consignments of their products.
The one-line rule notified by the consumer affairs department has
baffled activists, too. The glut of imported food products is from
countries that do not follow GM labelling standards, like the US and
Canada. There is no way of tracing the origin of these and indigenous
food products, and this is one of the biggest hurdles in implementing a
GM labelling regime.
The hurdles
“How will the consumer affairs ministry hold companies and brands
liable when there is no system of trace-back (of ingredients used in a
product)?” asks Shivani Singh, campaigner for sustainable agriculture
with non-profit Greenpeace India. The ministry needs to flesh out the
notification to meet the desired objective, she points out.
She says the authorities should adopt zero-tolerance for GMOs that
have not been approved for commercialisation in India. “Any traceable
amount of GMOs (>0.01 per cent) should be reflected on the packages,”
she says.
Kavitha Kuruganti of Alliance for Sustainable Agriculture says the
new rule has addressed one aspect of the problem relating to packaged
foods. “But the question is how labelling can be implemented when most
of the consumption is of food sold in loose form.” She says not a single
case has been registered so far against importers of products
containing GM ingredients like corn, canola and soy, and there is no
system for segregating such products.
She cited the example of import of 64 kg of pickles from Japan,
containing GM corn and soy, by a Japanese restaurant in Delhi in 2009. A
civil society organisation had complained but the case was never taken
to its logical end, says Kuruganti. At present, about 40 countries have
the GM labelling system, either mandatory or voluntary (see list).
A major constraint in implementing the GM labelling regime in India
is shortage of laboratories equipped to test food products for GM
ingredients. There are just a handful of them, like the Central Food
Technological Research Institute (CFTRI) at Mysore, Centre for DNA
Fingerprinting and Diagnostics at Hyderabad and the National Bureau of
Plant and Genetic Resources in Delhi.
A senior official with the department of consumer affairs says
upgrading lab facilities will be considered once the practice is
established.
Scientists add that DNA-based methods for testing genetic
modification are expensive and tedious, requiring highly skilled,
trained personnel. Scientists at CFTRI-Mysore say that every company is
developing its own genetically modified crop with different genes
because of which there is no universal and precise method to detect
GMOs. For example, in herbicide tolerant soy (GM soy), two different
genes confer resistance to glyphosate and glufosinate, commonly used
herbicides.
So, for genetic testing of soy, scientists need to set up different
protocols and optimise and standardise procedures for identifying
promoter genes that regulate the expression of neighbouring genes. Thus,
testing for GMOs needs to be on case-to-case basis. Scientists also
enumerate difficulties in obtaining samples of crops like GM soy seed or
seed powder from which DNA is to be extracted. These are required to
ascertain whether the testing procedure is correct. Effective and
efficient sampling plans are needed to get the most representative
sample.
The procedure for importing samples of modified and unmodified crops
or food stuffs requires clearances from various ministries, beginning
with application to the Institutional Biosafety Committee. Once this
approval is granted, an import licence and approval is required from the
Directorate of Plant Protection, Quarantine and Storage under the
agriculture ministry. After this, the developer firm has to be
approached for seed and leaf powders—and the firm can easily turn down
the request. A German company, FLUKA, supplies “certified reference
materials” of a few GM crops, but at a high cost of Rs 6,000 to Rs 8,000
per gram.
Scientists add that in processed food, DNA degradation is very
common, and therefore the methodology has to be modified and optimised
by simulating processing operations, such as baking and autoclaving.
The absence of a sound regulatory and enforcement regime means
consumers may not really have a choice over what they eat even after the
new labelling rule comes into force.