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GM and MAF

Introduction

• The Government’s policy on genetic modification (GM) is that New Zealand should proceed with caution with GM while at the same time ensuring that opportunities are preserved. This is in line with the overall conclusion of the Royal Commission on Genetic Modification.
• The aim of coexistence is to ensure that different primary production systems, including non-GM systems such as organic production and conventional agriculture, as well as GM systems, can each contribute in their own way to the overall benefit of New Zealand.
• The government has accepted that coexistence is possible between GM and non-GM agriculture, based on a rigorous regulatory regime, a case-by-case approach and consideration of the whole of the production chain.
• The risks, costs and benefits of using any new organism, including a GM organism, depend on its characteristics, and where and how it is used. This is why the Environmental Risk Management Authority (ERMA New Zealand) considers and weighs benefits and risks case-by-case.
• The expiring of the restricted period, or moratorium, means that ERMA New Zealand can now consider applications to release GM organisms into the environment. The most likely type of application in the short to medium term will involve monitoring GM organisms to see how they perform outside the laboratory situation. None of the GM crops currently available commercially have been developed especially for New Zealand conditions so any broad-acre commercial growing of GM crops looks likely to be some years away.
• No GM organisms are produced commercially in New Zealand. No fresh produce (including fruit, vegetables and meats) on sale in New Zealand has been genetically modified. Some processed food may include genetically modified ingredients that have been assessed as safe for consumption in New Zealand.

Conditional release

Under the amended Hazardous Substances and New Organisms Act, a new category of “conditional release” has been introduced. This means that ERMA New Zealand can impose conditions on any approval it gives to release a new organism, including a GM organism, in New Zealand. The conditions could include when and how it is used, and any monitoring or other special requirements.

The HSNO Act contains minimum standards which must be met before any release (including conditional release) of a new organism, including a GM organism, can be considered. These minimum standards include the likelihood of the organism:

• significantly affecting natural habitats or displacing native species within them;
• significantly altering New Zealand’s genetic diversity; or
• causing disease or becoming a vector for human animal or plant diseases.

What part does MAF play in the GM regulatory environment?

MAF has a number of distinct roles that relate to GM:

• MAF is the agency responsible for enforcing the Hazardous Substances and New Organisms Act (HSNO Act) in relation to new organisms (including GM organisms).
• Some of MAF’s biosecurity functions relate to GM organisms, such as requirements for testing of imported seed.
• MAF has an ongoing role in giving policy advice in the area of GM including coexistence between GM and non-GM production systems. Some specific work on coexistence includes:
  • developing of a code of practice for labelling seeds and nursery stock,
  • investigating GIS-based systems which would help beekeepers site their hives away from GM crops
  • investigating the need for and issues surrounding a code of practice for achieving the effective coexistence of GM and non-GM production, and
  • monitoring international developments in co-existence.
• The New Zealand Food Safety Authority (a semi-autonomous body attached to MAF) contributes to standards development. Food Standards Australia New Zealand (FSANZ) is the organisation responsible for pre market safety assessment of GM foods. No GM foods can be sold in New Zealand without passing this safety assessment. The New Zealand Food Safety Authority contributes to the FSANZ process, ensuring that standards are incorporated into New Zealand law, and implementing and enforcing the standards. This includes monitoring the labelling of GM foods.
• MAF also contributes to many issues led by other agencies such as evaluating economic impacts of using new organisms, ERMA New Zealand’s methodology for assessing applications, and to a range of issues that contribute to the well-being of the land-based primary sectors.

What does MAF’s HSNO Act enforcement role involve?

MAF has an existing role monitoring compliance with controls imposed by ERMA New Zealand on GM organisms that have been approved for use within containment, for example, in laboratories and in field tests.

If and when GM organisms are approved for conditional release under the HSNO Act, MAF will also become responsible for ensuring that ERMA New Zealand’s conditional release controls are being complied with.

MAF is also responsible for investigating potential offences against the HSNO Act (for example, if a person released a GM organism without having obtained an approval from ERMA New Zealand).

What powers are available to MAF in its enforcement role of the HSNO and Biosecurity Act?

MAF has access to powers under both the HSNO Act and the Biosecurity Act in carrying out its enforcement role.

These include powers of entry and inspection, powers to direct that non-compliance be remedied, powers to obtain a search warrant to obtain evidence, and powers to take immediate action in the event that a GM organism has escaped or spread from its intended location.

In the case of serious or persistent non-compliance, there are a number of potential charges specified under both the HSNO Act and the Biosecurity Act that could be laid against an offender.

Will MAF be able to order the destruction of GM crops that are found to be growing outside of the approved location?

Yes.

In what ways do MAF’s biosecurity functions relate to GM organisms?

MAF’s border control functions include measures that relate to GM organisms. In particular, consignments of some seeds imported into New Zealand are not cleared for entry at the border unless testing has been carried out to demonstrate that no unapproved GM seeds have been detected in the consignment.

MAF is also responsible for responding to situations where a GM organism that has no approval from ERMA New Zealand is detected in New Zealand. A range of powers are available to MAF for this role, including powers to take samples, impose movement controls, and carry out destruction of unapproved organisms.

What is MAF and ERMA New Zealand 's relationship?

MAF and ERMA New Zealand are separate organisations with separate roles.

ERMA New Zealand’s job is to make decisions on applications for any new organism, including GM organisms, to be used in New Zealand. ERMA New Zealand also has the function of overseeing how other agencies enforce the HSNO Act.

MAF is responsible for enforcing compliance with any conditions imposed by ERMA New Zealand on using new organisms, and managing any biosecurity issues raised by GM organisms at the border or in New Zealand e.g. the entry or growing of unapproved GM seeds.

MAF and ERMA New Zealand liaise closely on enforcement issues. MAF reports regularly to ERMA New Zealand on its enforcement activities, and regular meetings are held.

What kinds of issues does MAF give policy advice on?

In relation to GM organisms, policy advice includes areas that apply generally to coexistence and which will allow opportunities to be preserved. This includes the labelling of seeds and nursery stock and the use of a GIS-based system for beekeepers to enable them to site their hives away from any approved GM flowering plants. Other areas of work include issues around investigating options for a code of practice for effective coexistence between GM and non-GM production systems as well as monitoring international developments.

In relation to GM food, NZFSA provides policy advice on areas including information on labelling developments of food and food related products and food safety assessments and developments. This covers human food and animal feed.

MAF is also linked in to other issues led by other agencies such as economic and human health impacts, ERMA New Zealand 's methodology and a range of issues that contribute to the development and well-being of the land-based primary sector.

What is MAF's view of GM?

MAF believes that GM technology, like most technologies, presents benefits and risks that must be considered on a case by case basis. MAF is charged with helping all parts of the agricultural and forestry sectors (including, but not limited to, non-GM and GM production systems) to make the most of their opportunities without compromising each others' opportunities.

Will MAF make submissions about any application to ERMA New Zealand?

Anyone can make a submission to ERMA New Zealand. The HSNO Act requires that both MAF and DOC are notified of all new organism applications and thus they are given the opportunity to comment directly on the proposals they encompass.

ERMA New Zealand will also consult with MAF over any controls that it proposes to impose as part of an approval under the HSNO Act. This will enable MAF to have input to ensure that any controls ERMZ New Zealand is proposing to put on an approval are both workable and enforceable.

What is MAF's role over food safety issues?

The New Zealand Food Safety Authority (a semi-autonomous body attached to MAF) has the role of ensuring that foods containing GM are labelled in accordance with the standard in the Australia New Zealand Food Standards Code (Standard 1.5.2).

This includes imported processed foods as well as any processed or fresh GM food crops or animals that might be grown in New Zealand or imported in the future.

Pre-market safety assessment of GM foods that manufacturers wish to use in the Australian or New Zealand food supply is undertaken by Food Standards Australia New Zealand (FSANZ) on application by the manufacturer or food marketer. If FSANZ concludes that the product is as safe as its non-GM counterpart and if the Australian and New Zealand ministers responsible for food approve FSANZ’s assessment, the product will be permitted in the food supply. The labelling provisions set out in Standard 1.5.2 of the Food Standards Code apply to all GM foods and it is probable that the product will need to be labelled as containing GM material. Any “GM-free” labelling claims will need to comply with the Fair Trading Act 1986, which is under the jurisdiction of the Commerce Commission.

Information on the Food Standards Code and on FSANZ can be found at www.foodstandards.gov.au

How is imported GM food regulated?

GM ingredients can only be sold in New Zealand if FSANZ has assessed them for safety in line with international standards, they have been approved by the FSANZ Board, and cleared by all Australian and New Zealand ministers responsible for food.

As of February 2004, GM ingredients approved by FSANZ are derived from GM crops such as corn, canola, cotton, soybean, potatoes and sugarbeet. Foods containing approved GM ingredients must be labelled according to the FSANZ standard.

For general information on GM foods go to www.nzfsa.govt.nz

For further information on GM and the regulatory environment go to http://www.maf.govt.nz/mafnet/sectors/biotechnology/genetic-modification.htm

Contact for Enquiries

Dr Sharon Adamson
Manager, Innovation Policy
Ministry of Agriculture and Forestry
PO Box 2526
Wellington
NEW ZEALAND

Phone: +64 4 894 0618
Fax: +64 4 4 894 0741
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