Chargesheet against Bt firm in biopiracy case

COIMBATORE: A chargesheet has been filed against Maharashtra Hybrid Seeds Company (Mahyco), a subsidiary of Monsanto, the US agri business firm, for violating the bio-piracy laws in developing Brinjal variety by using genes of local brinjal varieties without prior permission, according to Balakrishna Pasupati, chairman of National Biodiversity Authority.

Pasupathi spoke to TOI on the sidelines of a workshop on the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) at the Institute of Forest Genetics and Tree Breeding (IFGTB) in the city. “We were convinced that there could have been a possible misappropriation of Indian biological varieties,” he said refusing to divulge more details. The chargesheet was submitted at the Dharwad principal sessions court against Mahyco and the University of Agricultural Sciences at Dharwad, he said.

http://articles.timesofindia.indiatimes.com/2013-01-19/coimbatore/36431774_1_bt-brinjal-variety-bt-crops-mahyco

Meeting of Scientific Advisory Council of PM on Biotechnology and Agriculture

 With the growing amount of evidences on the problems of GM crops and the CBD  talking about liability and redress in case of damage….the meetinicg of scientific committee supports GM crops
Press Information Bureau
Government of India
Ministry of Science & Technology
09-October-2012 17:52 IST
Meeting of Scientific Advisory Council of PM on Biotechnology and Agriculture

Scientific and technological breakthroughs of a transformational nature relevant to economic and social development happen only once in a while. The emergence of such technologies evokes responses according to a pattern: initial excitement, followed by strong expression of concern and then emergence of a balanced perspective. Transformational technologies in the past, such as steam engine, electricity and other sources of energy, vaccines & immunization and internet have all followed this trend. Molecular biology and biotechnologies developed through major investments in science and technology globally have a transformational potential for benefitting agriculture and health and it is time now to evolve a balanced perspective.

The members of the Scientific Advisory Committee (SAC) to the Prime Minister deliberated on the important issue of application of biotechnology for social and economic advancement of the country particularly in the area of agriculture. There are uncertainties in some segments of society that need to be objectively and fairly addressed. The members of the SAC are concerned that a science informed, evidence based approach is lacking in the current debate on biotechnologies for agriculture. There are some key aspects that merit consideration.

Do we need new technologies for agriculture? Indian agriculture productivity is seen by the less discerning to be adequate for today’s needs but what is ignored is that vast numbers of our countrymen are unable to consume the required food and nutrients because of difficult access. As our current efforts to address the issue of access bear fruit, the need for food and quality nutrients’ will grow rapidly. Land availability and quality, water, low productivity, drought and salinity, biotic stresses, post harvest losses are all serious concerns that will endanger our food and nutrition security with potentially serious additional affects as a result of climate change. Accordingly, strategies for agriculture in future must be based on higher yields, concomitant with reduction in resource inputs. This will require a judicious blend of traditional breeding and new technologies, non-transgenic & transgenic. This situation in developed countries such as in Europe; quite in contrast, as there is no dearth of food and a small proportion of people engage in agriculture.

The assessment of safety and efficacy of biotechnology products has to be evaluated through an appropriate regulatory system on a case by case basis, as for drugs and vaccines. In general, endorsement or opposition to a generic technology is scientifically not rational and safety and efficacy must be judged on product basis. The need for an appropriate regulatory mechanism in the country has been rightly emphasized in the Swaminathan Committee Report. The existing system based on RCGM and GEAC have given us large experience and its operational guidelines are generally sound and as per the best international norms such as guidelines by OECD. The effort now should be on effective implementation. Regulatory systems evolve with experience and review based redesign. Little is served by focusing on the flaws only.

The proposed Bill for establishment of a national Biotechnology Regulatory Authority of India (BRAI), 2012 is with the Parliament, it deserves to be examined on a priority basis. The key characteristics of effective regulatory system hardly need reiteration; sound scientific expertise within the organization and through independent panels, access to scientific tools for assessment of safety and efficacy and processes that ensure transparency, freedom from conflict and competence. This can only be delivered by a robust and independent system. The focus of the regulatory authority has to be on assessment of safety and efficacy. Commercialization and deployment of agriculture biotechnology products requires expertise in social and economic evaluation and post-deployment surveillance. This requires effective inputs of central and state agriculture ministries.

The experience with the deployment of Genetically Modified (GM) crops worldwide is growing at a steady pace and should be taken into consideration. GM crops of maize, soya, potato, sugar beet, canola, cotton and alfalfa and grown across the globe covering 160 million hectares by 2011. While each concern must be addressed through scientific approach, we believe the performance of GM crops released through oversight by regulators has been very positive. This view has been endorsed by major scientific bodies of the world. This is clearly true of our own experience with introduction of Cotton in India wherein the benefits have been major. It is our view that biotechnology research and development should target important national needs, products should be developed under careful regulatory oversight and deployed in a way that access and affordability to entire farming community, particularly small and marginal farmers, is ensured.

There are other relevant issues that merit attention. Some of the opposition to GM crops in the country results from fear of domination by multinational companies. One way to address this concern is to invigorate and further strengthen the relevant scientific capacities of our institutions in public sector, universities and Indian companies. The current debate, unfortunately, is demoralizing and isolating our Scientists in the sector whose skills have been built with painstaking effort and large investment. The policy confusion will also keep the brightest away from this field of research. Our Scientists are fully aware of the social realities in this country and have widely endorsed the judicious adoption of traditional breeding with biotechnologies, non-transgenic and transgenic, as appropriate. There is concern about the costs at which seed is available to our farmers, particularly the poor farmers. This requires an appropriate public policy and action. The industry must shoulder responsibility by ensuring this through constructive dialogue with the government. Market mechanisms alone will not be sufficient.

The precautionary approach is inherently sound but it must be applied through a science based safety assessment and social and economic analysis for deployment. We make the following recommendation for kind consideration:-

1) The current regulatory system for recombinant products administered under Rules (1989) of EPA Act, 1986 should be reformed till BRAI is in place.

(i) RCGM and GEAC should be the sole authority for and bio-efficacy assessment of all recombinant products. Decision on commercial use of biotechnology produced crops should be taken by the Agriculture Ministries/Department of Central and State Governments as per existing policies and regulations on crops. For medical products Central Drugs Standard Control Organization (CDSCO) of Ministry of Health and Family Welfare, Government of India would approve commercialization as of now.

(ii) High Level dialogue with State governments to streamline clearances for conduct of multi-location “Confined field trials” – a scientific pre-requite in all countries for meaningful decision making on approvals or otherwise.

(iii) A Biotechnology Regulatory Secretariat with high level of scientific and technical trained manpower should be established to support RCGM and GEAC.

(iv) GEAC and RCGM should have full time Chairpersons. The Chairman of GEAC, may be of Special Secretary Status for 3 year period and RCGM one level lower. Chairman of RCGM be the Co-Chair in GEAC and not the expert nominee of Department of Biotechnology. For greater synergy at least three members should be common between RCGM and GEAC.

(v) The public needs to be informed of every decision.

2) The Bill pending with Parliament, i.e. BRAI 2012, should be debated with open mind. It would be appropriate if administrative organization could be Cabinet Secretariat because of the involvement of multiple ministries. The Bill when examined by appropriate parliament committee would be opened up for wider debate and discussions for shaping the draft legislation into a model regulatory framework.

3) The capacity for regulatory testing of new technologies in agriculture in public sector laboratories should be strengthened, supplemented with a system of notification and accreditation. This can be initiated even while the BRAI becomes a reality.

4) Research and infrastructure of state agriculture universities and colleges be strengthened for addressing the locations- specific needs of the states and regions and generate expertise.

5) Priority should be given to strengthen State Government departments and laboratories dealing with agriculture inputs, including GM or non GM seeds, extension and education of farmers through major programmes and investments for capacity building tailor made to the needs of the region.

MC/sk http://pib.nic.in/newsite/PrintRelease.aspx?relid=88271

Bt Brinjal is safe, claims NIN

http://timesofindia.indiatimes.com/city/hyderabad/Bt-Brinjal-is-safe-claims-NIN/articleshow/16344961.cms

HYDERABAD: Is Bt Brinjal safe? The demonisation of crops got a push with the parliamentary committee on agriculture in its report submitted last month commenting that transgenics in food crops would be fraught with unknown consequences. But the Hyderabad-based National Institute of Nutrition () of the Indian Council of Medical Research (ICMR) says that is safe.

A voluminous report on the laboratory experiments carried out on the safety of Bt Brinjal was submitted to the Review Committee on Genetic Manipulation ( RCGM) of the Department of Biotechnology, ministry of science and technology.

B Dinesh Kumar, deputy director, Food and Drug Toxicology Research Centre, at the NIN told TOI that in every respect, Bt Brinjal was found to be safe. “What now needs to be done is open field trials,” Dinesh Kumar said.

However, the problem arises here. In order to analyse the effects of Bt Brinjal in human consumption, it first needs to be introduced in the market. The Genetic Engineering Approval Committee (GEAC) will then need to allow introducion of Bt Brinjal, at least in a limited way, so that the effects can be evaluated.

When Bt Brinjal was sought to be introduced in the market a few years ago, it led to a controversy. However, on February 9, 2010, the ministry of environment and forests imposed a moratorium on Bt Brinjal. In the absence of scientific consensus and opposition from state governments and others, the ministry decided to impose a moratorium on the commercialisation of Bt Brinjal until all concerns expressed by the public, NGOs, scientists and the state government were addressed adequately.

Among those actively opposed to the introduction of Bt Brinjal is P M Bhargava, founder-director of the Centre for Cellular and Molecular Biology, Hyderabad, who was nominated by the Supreme Court to the GEAC.

Bhargava who had even argued against told the parliamentary committee on agriculture that GM organisms could be introduced only after adequate testing was done.

The pre-clinical tests conducted at the NIN show that Bt Brinjal is safe but activists who are against genetically modified crops need to be convinced about the study and its results.

దిగుబడులకు బీటీ దెబ్బ: జి.వి. రామాంజనేయులు

http://www.andhrajyothy.com/EditorialShow.asp?qry=2012/aug/26/edit/26edit3&more=2012/aug/26/edit/editpagemain1&date=8/26/2012

ముఖాముఖి

జన్యుమార్పిడి పంటలపై మరిన్ని పరిశోధనలు, సరైన నియంత్రణ వ్యవస్థ లేకుండా ఫీల్డ్ ట్రయల్స్‌కు అనుమతించకూడదని పార్లమెంటరీ స్థాయీ సంఘం చేసిన సిఫార్సులపై దేశవ్యాప్తంగా చర్చ జరుగుతోంది. ఈ నేపథ్యంలో జన్యు మార్పిడి పంటలకు సంబంధించిన అంశాలపై పరిశ్రమవర్గాలు చెబుతున్న దానికి, పరిశోధనలలో తేలుతున్న నిజాలకు మధ్య చాలా వ్యత్యాసం కనిపిస్తుంది. ఈ నేపథ్యంలో జన్యుమార్పిడి పంటలకు సంబంధించిన వాస్తవాలు, భ్రమలపై అధ్యయనం చేస్తున్న ‘సెంటర్ ఫర్ సస్టేయనబుల్ అగ్రికల్చరల్’ సంస్థ ఎగ్జిక్యూటివ్ డైరక్టర్ జి.వి. రామాంజనేయులుతో ఈ వారం ముఖాముఖి..

బీటీ విత్తనాల వల్ల అనేక ప్రయోజనాలు ఉన్నాయని కంపెనీలు ప్రచారం చేస్తున్నాయి. కాని పరిశోధనలలో తేలుతున్న నిజాలు వేరే విధంగా ఉంటున్నాయి..?
బీటీ విత్తనాలు కరువు పరిస్థితులను కూడా తట్టుకొని నిలబడతాయని.. దిగుబడి ఎక్కువ వస్తుందని.. ఈ పంటలకు కలుపు మందులు వేయాల్సిన అవసరం లేదని.. పురుగులు ఎక్కువ రావనే ప్రచారం జరుగుతోంది. కాని ఈ ప్రచారం నిజం కాదు. బీటీ విత్తనాల వల్ల దిగుబడి బాగా పెరిగిందనేది పూర్తి అవాస్తవం. ఉదాహరణకు బీటీ పత్తిని తీసుకుందాం.

2001 నుంచి 2005 దాకా మన దేశంలో పత్తి దిగుబడి 78 శాతం పెరిగింది. దీనిలో కేవలం ఆరు శాతం విస్తీర్ణంలో మాత్రమే బీటీ విత్తనాలను వేశారు. ఇదే విధంగా 2006-11 సంవత్సరాల మధ్య చూస్తే- మొత్తం విస్తీర్ణం 80 శాతం పెరిగితే- దానిలో దిగుబడి రెండు శాతం పెరిగింది. ఈ రెండింటి «ఆధారంగా చూస్తే దిగుబడి పెరగటానికి బీటీ విత్తనాలు మాత్రమే కారణం కాదని అర్థమవుతుంది. అదనంగా సాగు కిందకు వచ్చిన భూమి పెరగటం మొదలైన ఇతర కారణాలు చాలా ఉన్నాయి.

వాస్తవానికి ప్రపంచవ్యాప్తంగా బీటీ విత్తనాలు వేసిన ప్రాంతాల్లో దిగుబడులు తగ్గిపోతున్నాయి. ఇక బీటీ విత్తనాలు పురుగులను తట్టుకుంటాయని చేస్తున్న వాదనలో కూడా నిజం లేదు. పురుగులు బీటీ విత్తనాలను తట్టుకొనే శక్తిని పెంచుకున్నాయి. మన ఆంధ్రప్రదేశ్ ఉదాహరణనే తీసుకుంటే- గులాబీ రంగు తొలిచే పురుగును బీటీ పత్తి విత్తనాలు తట్టుకోలేకపోతున్నాయని మోన్‌శాంటోనే ప్రకటించింది. ఇదే విధంగా బీటీ విత్తనాలు కాయి తొలిచే పురుగులను కూడా తట్టుకోలేకపోతున్నాయి.

బీటీ పత్తికి సంబంధించి కంపెనీలు గుజరాత్‌ను ఒక రోల్ మోడల్‌గా ప్రచారం చేస్తూ ఉంటాయి. గుజరాత్‌లో నిజంగానే బీటీ పత్తి విజయం సాధించిందా?
గుజరాత్ ప్రభుత్వ నివేదికల ఆధారం చూస్తే పత్తి సాగు చేసే ప్రాంతం దాదాపు 45 శాతం పెరిగింది. అదనంగా సాగులోకి వచ్చిన ప్రాంతం 43 శాతం పెరిగింది. వీటికి తోడుగా హైబ్రీడ్ పత్తి వేసిన ప్రాంతం కూడా పెరిగింది. ఈ కారణాల వల్ల గుజరాత్‌లో దిగుబడి పెరిగింది తప్ప- బీటీ విత్తనాల వల్ల మాత్రమే కాదు. ఇక్కడ మనం ఒక విషయాన్ని తప్పకుండా చెప్పుకోవాలి. చాలా సార్లు జన్యు మార్పిడి పంటల వల్ల కలిగే ప్రయోజనాలను ప్రచారం చేసేవారు- తమ వద్ద ఉన్న సమాచారాన్ని పూర్తిగా అందించరు. తమకు అనుకూలంగా కనిపించే కొంత సమాచారాన్ని ఇస్తారు. దీనిని చూస్తే- అంతా సజావుగా ఉన్నట్లు అనిపిస్తుంది. కాని ఇది నిజం కాదు.

బీటీ వంకాయ ఫీల్డ్ ట్రయల్స్‌కు సంబంధించి పెద్ద వివాదం నడుస్తోంది కదా. దీని వెనకున్న కథ ఏమిటి?
బీటీ వంకాయ విత్తనాల వల్ల కలిగే దుష్ఫరిమాణాలను జాగ్రత్తగా అధ్యయనం చేయకుండా అనుమతించవద్దని ప్రభుత్వం ఏర్పాటు చేసిన నిపుణుల కమిటీ సిఫార్సు చేసింది. ఆంధ్రప్రదేశ్‌తో సహా పది రాష్ట్రాలు బీటీ వంకాయ ఫీల్డ్ ట్రయల్స్‌ను అనుమతించబోమని ప్రకటించాయి. అయితే మనం ఇక్కడ ఒక విషయాన్ని గమనించాలి. జన్యు మార్పిడి పంటల వల్ల వచ్చే లాభనష్టాలను సమీక్షించటానికి మన దగ్గర సరైన నియంత్రణా వ్యవస్థ లేదు. ఉదాహరణకు బీటీ పత్తినే తీసుకుందాం. దీని లాభనష్టాలను 2005లో చివరి సారి సమీక్షించారు. ఆ తర్వాత ఎప్పుడూ మళ్లీ సమీక్ష జరగలేదు.

బీటీ పత్తి వల్ల అనేక దుష్ఫరిణామాలు ఏర్పడుతున్నాయని ఈ లోపులో అనేక పరిశోధనలు వచ్చాయి. ఉదాహరణకు వరంగల్ జిల్లాలో బీటీ పత్తి ఆకులు తిని పశువులు మరణించాయని కొన్ని పరిశోధనలు చెబుతున్నాయి. ఇలాంటి వాటిని ప్రభుత్వం వెంటనే పరిగణనలోకి తీసుకోవాలి. చాలా సార్లు ప్రభుత్వం ఈ చర్యలు తీసుకోదు. పైగా జన్యుమార్పిడి పంటలపై పరిశోధనలకు పెద్ద ఎత్తున నిధులను కేటాయించి, తామే పరిశోధనలు చేస్తామని ప్రకటిస్తోంది కూడా. ఈ మొత్తం వ్యవహారం వెనక పెద్ద పెద్ద కంపెనీల లాబీయింగ్ కూడా ఉంటుంది.

మన కన్నా ముందే కొన్ని దేశాలలో జన్యు మార్పిడి పంటల పరిజ్ఞానం ప్రవేశించింది కదా. వారి అనుభవాలేమిటి?
ప్రపంచంలో పన్నెండు దేశాల్లో మాత్రమే జన్యు మార్పిడి పంటలను వేస్తున్నారు. వారి అనుభవాలు కూడా అంత సంతృప్తికరంగా లేవు. అమెరికాలో తాజాగా చేసిన పరిశోధనలలో- ఈ పంటల వల్ల దిగుబడి బాగా తగ్గుతోందని తేలింది. అంతే కాకుండా ఈ పంటలను తట్టుకొనే చీడ పురుగులు తయారయ్యాయి. వీటిని సూపర్ వీడ్స్ అని పిలుస్తున్నారు.

దీనికి తోడు పేటెంట్స్ పేరిట మొత్తం విత్తన మార్కెట్ అంతా కొన్ని కంపెనీల చేతిలోకి వెళ్లిపోతుంది. ఈ ప్రక్రియ మన దేశంలో కూడా ప్రారంభమయింది. ఉదాహరణకు మన దేశంలో బీటీ పత్తి విత్తన మార్కెట్‌లో 98 శాతం మాన్‌శాంటో చేతిలోనే ఉంది. ఇక్కడ ఇంకో ఆశ్చర్యం కలిగించే విషయాన్ని చెబుతాను. బీటీ విత్తనాలకు సంబంధించిన అంశాలలో కంపెనీని ప్రభుత్వం నియంత్రించాలి. కాని పరిస్థితి ఆ విధంగా లేదు. చాలా సార్లు కంపెనీయే ప్రభుత్వంపై కేసులు పెట్టింది.

ఈ పరిస్థితిని చక్కదిద్దటానికి ఉన్న మార్గాలేమిటి?
ప్రత్యామ్నాయ వ్యవసాయ పద్ధతులపై ప్రభుత్వం శ్రద్ధ చూపించాలి. పరిశోధనలకు నిధులను కేటాయించాలి. పరిశోధనాశాలలకు అవసరమైన మౌలిక వసతులు కల్పించాలి. వీటిన్నింటితో పాటుగా నియంత్రణ వ్యవస్థను కట్టుదిట్టం చేయాలి. ఈ విత్తనాలకు సంబంధించిన అంశాలలో కొందరిని బాధ్యులను చేయాలి. ప్రస్తుతం ఈ పద్ధతి లేకపోవటం వల్ల ఇటు ప్రభుత్వం కాని, ఈ విత్తనాలను అనుమతించిన రెగ్యులేటర్ కాని, తయారు చేసిన కంపెనీ కాని బాధ్యత తీసుకోవటం లేదు. దీని వల్ల సామాన్య రైతులు నష్టపోతున్నారు.
- ఇంటర్వ్యూ : సి.వి.ఎల్.ఎన్. ప్రసాద్

Parliamentary panel seeks probe into Bt Brinjal

Last Updated: Thursday, August 09, 2012, 23:56

Parliamentary panel seeks probe into Bt BrinjalNew Delhi: A parliamentary panel Thursday recommended a probe into the issue of , saying that adequate tests had not been carried out and the approval committee was under “tremendous pressure” from the “industry and a minister” to approve it.

Basudeb Acharia, who heads the parliamentary standing committee on agriculture, said: “The issue needs to be probed as the co-chairman of the Appraisal Committee (GEAC) Arjula Reddy was under tremendous pressure as he was getting calls from the industry, GEAC and a minister to approve Brinjal.”

He said the probe should cover the period right from the beginning to the imposing of a moratorium on Bt Brinjal’s commercialisation by the government in February 2010.

“We are convinced that these developments are not merely slippages due to oversight or human error but indicative of collusion of a worst kind,” Acharia told reporters.

A moratorium was imposed on Bt Brinjal by then environment minister Jairam Ramesh in February 2010 following protests by NGOs and environmentalists. Bt Brinjal was being pushed in India by the US multinational Monsanto.

Agriculture Minister Sharad Pawar had criticised the move by Ramesh, saying in the long run Bt Brinjal will only prove to be an advantage for India.

Without naming the minister concerned, Acharia said the parliamentary committee has been highly disconcerted to know about the confession of the co-chairman of the GEAC.

According to him, genetically modified crops should not be pursued in India as most of the farmers are small and marginal ones and their interest has to be protected.

Acharia also suggested that an agency, other than GEAC, should examine research reports on Bt Brinjal.

The parliamentary panel chief sought to counter the pro-GM crop lobbies in the country by saying that the targets to meet the concerns over food security could be easily met without the GM technology and organic farming should be pursued to achieve these goals.

He also said that the issue of GM crops should be debated in parliament as there was a link between and farmers’ suicides.

“Lakhs of tonnes of oil extracted from Bt Cotton seeds has entered the food chain in the past decade… we have asked the consumer affairs ministry for its views,” said Acharia.

The panel also highlighted the need to label GM products.

International NGO Greenpeace welcomed the report and said it has come at a time when the union government is trying hard to introduce a new regulatory system for GM crops “by the name of Biotechnology Regulatory Authority of India (BRAI) bill”.

“The report exposes the serious gaps in our country’s GM regulatory system and the lopsided GM technology promotion policies of the government,” said Neha Saigal, sustainable agriculture campaigner, Greenpeace India.

NBA confirms Monsanto/Mahyco and ors. to be criminally prosecuted in B.t. Brinjal Biopiracy Case

In its first official confirmation, National Biodiversity Authority (NBA, India’s independent regulator on all matters pertaining to biodiversity protection, conservation and use) has stated that “it is proceeding with lodging of complaint against the alleged violators” of Biological Diversity Act on grounds of in promoting B.t. Brinjal, India’s first transgenic GMO food. This information was provided to Environment Support Group (ESG) in response to a Right to Information query, and a copy is enclosed. As per Indian law, the filing of the complaint against this serious environmental crime assumes launching of criminal prosecution against the violators. India has already enforced a moratorium on the commercial release of B.t. Brinjal on various scientific, legal, health and community concerns.

 

The undersigned on behalf of Environment Support Group had filed a complaint in February 2010 accusing the world’s largest agritech company Monsanto along with its Indian partner Mahyco, Sathguru Consultants (representing USAID and Cornell University) and various public funded agriculture institutions such as University of Agriculture Sciences (Dharwar, Karnataka), Tamilnadu Agricultural University (Coimbatore) and Indian Institute of Vegetable Research (Uttar Pradesh), of accessing over 16 varieties of brinjal endemic to India in comprehensive violation of the Biological Diversity Act while promoting the commercial release of transgenic B.t. Brinjal through 2005-2010. None of the regulatory agencies, including the NBA and Ministry of Environment and Forests, had bothered to verify compliance with the B D Act throught out this period, and began to take action with much reluctance after ESG filed the complaint.

 

The RTI query was filed seeking all documentation pertaining to the case filed by ESG. Shockingly, and quite questionably, NBA has refused to part with the documentation even to the complainants. Justifying this stand, it has controversially and peculiarly claimed that the documentation cannot be shared with the complainants as “the matter is under advanced stage of lodging of complaint and taking into account the intricacies which involve nuances of biotechnology it is felt that it may not be appropriate to provide the documents/instructions at this juncture”. Evidently, NBA is not even sure if this is the right decision to take, and ESG will file an appeal against this decision soon.

 

As reported in the media, the decision to initiate criminal prosecution against this case of biopiracy was taken by NBA in its meeting held on 28 February 2012, after it was put to a vote. The vote became essential as some members of the NBA were keen on stopping the prosecution. This when when NBA had already resolved in June 2011 to prosecute the violators, a fact repeatedly confirmed in Parliament by the Indian Environment Minister Smt. Jayanti Natarajan. ESG has consistently raised concerns over such dithering by NBA to initiate action against violators of the Biological Diversity Act.

 

Karnataka Chief Minister urged to re-initiate prosecution against . Brinjal violators

 

ESG has also submitted a representation to Karnataka Chief Minister Shri. Sadananda Gowda urging him to immediately revive the decision to criminally prosecute those engaged in biopiracy through the Karnataka Biodiversity Board. It may be recalled that the Board had decided to initiate appropriate legal action against University of Agricultural Sciences (Dharwar), Monsanto and Mahyco for accessing 6 local varieties of brinjal illegally from Karnataka, and converting them into transgenic B.t. Brinjal products, all in violation of the Biological Diversity Act. However, due to pressure, apparently brought by none other than the Principal Secretary of Karnataka’s Environment Department (the chief custodian of Karnataka’s biodiversity), the investigation built over two years was suspended in a controversial decision of the Board in January 2012. ESG initiated a mass petition in February this year against this illegal and retrograde decision to the Chief Minister. Over 500 groups and individuals across India and the world have endorsed this representation which is accessible at: http://www.ipetitions.com/petition/karnataka-biodiversity-board-must-prosecute/. A copy of the representation now made to the Chief Minister is also enclosed.

 

More details about ESG’s efforts to tackle biopiracy in India, including documents listed above, are accessible at: www.esgindia.org

Leo F. Saldanha

Coordinator/Trustee

and Co-complainant in the aforesaid Biopiracy case with

Bhargavi S. Rao

Coordinator (Education)/Trustee

Environment Support Group

Bt Brinjal poses a risk to health, environment: Greenpeace report

Special Correspondent

http://www.thehindu.com/sci-tech/energy-and-environment/article3371450.ece?css=print

2012 BT Brinjal GPI report download

‘Spread of the gene could make the brinjal a problematic weed’

An independent enquiry has revealed that the cultivation of genetically engineered (GE, also called genetically modified, or GM) Bt brinjal poses risks to the environment and possibly to human health. The occurrence of wild, weedy and also cultivated relatives presents a likelihood that the GE Bt gene will spread to these relatives but, so far, this has largely been overlooked in the risk assessments for GE Bt brinjal, it says.

Genetically engineered and the implications for plant biodiversity – revisitedan independent study commissioned by Greenpeace International, finds that brinjal relatives do occur in the regions where cultivation of GEBt brinjal is proposed, and that GE Bt brinjal may mate with these relatives to spread the GE Bt gene. Spread of the GE Bt gene would have considerable ecological implications, as well as implications for future crop contamination and farmers’ rights.

Importantly, the spread of the GE Bt gene could result in the brinjal becoming an aggressive and problematic weed, the Greenpeace report suggests, while impressing upon the governments the need to employ the precautionary principle and not permit any authorisation of the outdoor cultivation of GE Bt brinjal, including field trials

The cultivation of GE Bt brinjal is proposed in some countries across Asia, including India, where there is currently a moratorium on commercialisation, and the Philippines, where field trials are going on. “There are many concerns with GE brinjal, which has been engineered to be resistant to certain insect pests using Bt genes from the soil bacteriumBacillus thuringiensis. These concerns include food safety and possible effects on organisms other than the pest insect (non-target organisms), such as beneficial insects and butterflies.”

One of the least known aspects of the GE Bt brinjal is its ability to cross with wild relatives or cultivated varieties. This is because there are no recent reviews in the scientific literature concerning species related to brinjal, and where they grow across Asia. This information is vital when addressing concerns regarding cultivation of GE Bt brinjal, because insect-resistance gives a selective advantage to the plant, increasing its ability to survive and reproduce. If the GE Btbrinjal cross-pollinates wild, weedy or cultivated relatives, the result is a hybrid offspring, which may grow more aggressively and thus become a problem weed, the report says.

Analysis of Jack Heinemann on the Bt Brinjal Biosafety

SUGGESTIONS ON HOW TO APPLY INTERNATIONAL SAFETY TESTING GUIDELINES FOR GENETICALLY MODIFIED ORGANISMS download the report

Heinemann has previously provided evidence concerning the risk assessment and hazard identification of GM crops  and in particular the appraisal of Monsanto’s bio-safety dossier of (molecular analyses) for the Supreme Court. He was also one of the independent academic scientists who responded to Shri Jairam Ramesh in his review process of in 2009-2010. Heinemann’s credentials are well known. This document is his further analyses of the molecular characterisation of and follows from a request that I (AR) made last year (ref. the Preamble).  It seemed appropriate  to undertake a deeper investigation of Event EE 1 given the disquiet generated as a result of several separate appraisals of Monsanto’s  dossier by leading international scientific experts, which pointed to a shoddy environmental risk assessment; of studies claimed to have been done, but were not done or poorly done and significant health safety issues which raise concern. All  were comprehensively denied by the regulators and the EC II (Expert Committee II appointed by the apex regulator the GEAC to deal with various analyses of the Dossier and objection received to it). The clear need for long term testing for chronic toxicity (cancers and other problems) was also turned down, but which Shri Jairam Ramesh required when he imposed an indefinite moratorium on pending independent scientific and long term studies. This is that further report of Prof H.

I am astounded at Heinemann’s findings and their serious implications.  At the outset, Heinemann says that a “critical and fundamental characterisation of the event was not completed, usually because of assumption-based reasoning. When such fundamental misunderstandings of the basic tools of the procedure were demonstrated by the developer, (which) seemingly went unchallenged by the regulator, it was very difficult to accept assurances that the other procedures in the evaluation of brinjal could be trusted”. In other words if we may draw a very crude analogy, this stage of the risk assessment of a GMO (the molecular characterisation) is akin to the first steps of learning  to read as in CAT= cat and MAT= mat. There is also a curious divergence between the Monsanto reference work of 1997 and their Bt brinjal dossier. Did the regulators not bother to even check Monsanto 1997? Without going into undue detail (please see pages 6-9), I draw your attention to the following key points of Heinemann’s analyses along with my  comments.

  •  At this very first stage of the risk assessment and  testing of a GM crop,  (the molecular testing and characterisation) it is now apparent that there has been no regulatory oversight at all by either the RCGM nor the apex regulator the GEAC. The EC II report was as unreliable for safety oversight.

“The commercial trait in Bt brinjal is conferred by the Cry1Ac-like derived protein. This protein is not Cry1Ac isolated from natural plasmids of B. thuringiensis v. kurstaki, but a protein made from a series of in vitro modifications. —The GE “plasmid was the vector PVLEBK04, also called pMON10518 (Monsanto, 1997). Taken together, PV-LEBK04 has at least 10 different DNA elements that have been taken from different species, including soybeans, viruses, plasmids isolated from different species of bacteria, and many of which have also been extensively and separately subject to in vitro modification after being taken from their natural sources (see Table 2 of Monsanto, 1997)”.

  •  Chimeric or fusion gene: The Bt B gene is claimed as a fusion gene of Cry1Ac and Cry1Ab. Monsanto and the EC II report claimed that Bt B event EE1 was 99.4 % identical in amino acids to the natural Cry1Ac protein (p. 33 of Mahyco, 2008). There is no mention in the Dossier or the EC II report of  the multiple origins that form the fusion (see above). They further went on to say this corresponded to  only a difference in 1 amino acid. This is astonishing for other reasons than there can be no safety comfort derived from ‘only. However, Dr Bhargava very quickly corrected this fundamental error to say that on this basis, the difference was in fact 7 amino acids. Prof Michael Antoniou confirmed this as easily and as quickly. This is how basic such a calculation is to a molecular biologist. So what does this say of the GEAC, the apex regulator?  (The RCGM/DBT have become the official vending machine dispensing GM crops and are currently embarked openly, on aggressively pushing formal public-private partnership agreements to provide the  vehicle to promote GE crops, thereby, formalising corruption.

Heinemann says: ( EC II described the construct in Bt brinjal as composed of (the first) 466 amino acids from Cry1Ab and 712 amino acids from Cry1Ac (amino acids 1178 to 467). The regulator said in EC II: “This difference of 0.6% is attributed to the difference in presence of one amino acid at position 766 i.e. serine in place of leucine.”

However, as noted earlier, currently registered sequences for these proteins do not support that they were this similar. Moreover, a single amino acid difference in a sequence of 1178 amino acids would have been 0.1% rather than 0.6% as the scale of difference between the fusion and nature reported by the developer and accepted by EC IINeither the original Monsanto dossier nor the EC II numbers support the EC II conclusion that the fusion had a single amino acid difference from what is found in nature (JH).

“At 99.4% identity, there would be approximately 7 amino acid differences between the chimera fusion and natural Cry1Ac (consistent withoriginal description by Monsanto, 1997)”.

“However, when I construct the fusion using sequences published in Genbank, I find that the fusion is a maximum of 94% identical to Cry1Ac (GenBank: ABD37053.1) and only 95% identical to Cry1Ab (GenBank: ABV91087.1). Based on these matches, it is also not clear why the developers have historically called their fusion construct after cry1Ac rather than after cry1Ab, or more precisely, cry1Ac-like to accurately identify it as a product of modern biotechnology formed as a chimera of multiple origins. Thefirst 40% of the amino acids found in Cry1Ac2 were replaced with 466 amino acids from Cry1Ab, another insecticidal protein.

  • Furthermore, the developer reports that a leucine residue at position 766 has been replaced by a serine residue in planta. What appear to be small differences can be physiologically and immunogenically important. The change from leucine to serine at position 766 is of interest to the investigator because only the latter can be O-linked glycosylated by the addition of N-acetylgalactosamine through a side chain hydroxyl group (Mitra et al., 2006). “O-linked glycosylation has a profound effect on the antigenic properties of peptides—-“
  •  The implications of this are that the fundamental affinity-based tools used by developers to list and characterise all forms of the protein produced in the plant (e.g., western blots) may be compromised if they were not trained on the glycosylated forms that the plant may produce. All subsequent studies that are based on isolated proteins (e.g., digestibility, toxicity, and cooking studies) may then be invalid because they only have available to them a subset of the relevant protein isoforms that may be in the plant.
  • ·         At 94% identity (consistent with current GenBank comparison), there could be up to 70 different amino acids. To conclude that a novel protein is likely to be of no safety concern because of even as few differences as 7 amino acids is not a research-based conclusion. Changes of single amino acids can significantly alter the characteristics of proteins (a fact that underpins the field of directed evolution) —–. One of the characteristics that can be changed is immunogenicity. For example, several groups reported significant decreases of IgE binding to a major peanut allergen after mutating single nucleotides. Even more surprising, in some cases even a synonymous (i.e., differences in the nucleotide sequence of a gene that do not alter the resulting amino acid sequence) coding change can alter the characteristics of a transcript or protein, or levels of expression A single nucleotide polymorphism that results in a synonymous change can change the substrate specificity of the resulting protein, potentially by affecting its folding patterns during translation.  Furthermore, sequence identical proteins with differing tertiary structures can turn benign proteins into toxins –or agents that cause pathogenesis as demonstrated for the Prp proteins causing Creutzfeld-Jacob disease and mad cow disease

These are startling findings. They mean that Monsanto’s dossier is fundamentally flawed at its starting point. This is to put in politely. Without overstating the case, the more correct description is, fraudulent. There also appears to have been a deliberate cover-up of differences with their original doc of Monsanto 1997 and their Bt brinjal dossier. However, fraudulent dossiers are nothing new for Monsanto. There have been similar cases with other products in the EU and New Zealand. This kind of behaviour is to be expected from a company that has been formally indicted for bribes and cover-up, hounding farmers into bankruptcy, false advertising both in France where they had to retract and more recently in Vidharba for paid advertising and lies. Monsanto has also been indicted for some of the worst crimes against humanity. This is part of the formal record.

But what of our regulators and in particular the GEAC?  The charges against Monsanto in India for illegal field trials, illegal plantings, are serious enough to have pushed even the GEAC into the action of serving a show-cause notice, seemingly impotent. The recent case of the supposedly Desi BN cotton gene that has a Monsanto gene discovered in it, merely underscores the case that we have no regulation of any value that serves to protect India, her farmers and the public interest. As seriously, it  betrays either a significant lack of competence or a conflict of interest so deep that there is a great facilitation to promote GM crops and Monsanto especially, mortgaging the public interest. This means  that we have had 15 years of unsafe field trials and accelerating in the last 2-3 years to encompass numerous Bt genes in virtually all our food crops and including the failed technology in herbicide resistant crops. These greatly risk our bio-safety and indigenous seed stock  because of irreversible contamination, which is the main reason why untested open field trials are not acceptable.

Finally, the performance of is being hyped in order to prepare the way for other Bt crops. But without reliable statistics and a PMM(post market monitoring) of  which should have been instituted by a conscionable regulator years ago, there is no evidence for the claims being made by Monsanto and the government regulator and other public institutions. Dr Kranthi ‘s  analyses of the performance of shows the onset of ‘resistance’ and the experience of other countries where insect resistance to Cry proteins is proven (ref the recent US EPA report on Bt corn 863) underscores the fact that this was a predicted outcome.

The worm in Bt brinjal

http://www.business-standard.com/india/news/sreelatha-menonworm-in-bt-brinjal/468903/

Sreelatha Menon: The worm in
A new study questions safety assessments of brinjal, asks for an independent regulator
Sreelatha Menon / New Delhi Mar 25, 2012, 00:00 IST

Does it matter if the gene introduced in Bt brinjal varies from the natural brinjal by 70 amino acids rather than by one? What if the regulators in the country fail to detect this and rubber stamp a genetically-engineered vegetable on the basis of the premise submitted by the company that produced it — Mahyco in this case? The after-effects of the altered variety would consequently escape the attention of the regulators and the consumers would brave the brunt. A study conducted by an international research institute and commissioned by activist Aruna Rodrigues has said Bt brinjal was approved by the regulators on the basis of a wrong premise. The regulator Approval Committee (GEAC) of the Ministry of Environment was misled or chose to be so, says Rodrigues. Fortunately, for consumers and to the chagrin of the UPA government, the then Environment Minister Jairam Ramesh chose to put a moratorium on Bt brinjal till such time as research proved its safety for consumer. Now to the study that calls for a review of the regulation mechanism of biologically-engineered food produce in India: Dr Jack A Heinemann, professor of genetics and molecular biology, Centre for Integrated Research in , University of Canterbury in New Zealand, did a molecular analysis of the Bt gene in response to a request by Rodrigues to look at the evaluation conducted by the GEAC. Rodrigues is the chief petitioner in a PIL on GM crops in the Supreme Court filed in 2005. Bt Brinjal has been developed with a pesticidal crystal protein Cry1Ac to give resistance against lepidopteron insects, in particular the brinjal fruit and shoot borer. The problem comes in the mismatch between the claims of the developer and the failure of the regulators to verify them. Cry1Ac protein is not derived from nature but made from a series of in vitro modifications. The first 40 per cent of the amino acids found in Cry1Ac2 were replaced with 466 amino acids from Cry1Ab, another insecticidal protein. The developer has claimed that the fusion construct is 99.4 per cent identical in amino acid order to the natural Cry1Ac protein. However, when Heinemann constructed the fusion, he found that it was maximum of 94 per cent identical to Cry1Ac and only 95 per cent identical to Cry1Ab. Based on these matches, it is also not clear why the developer has historically called their fusion construct after Cy1Ac rather than Cry1Ab, wonders the scientist. At 99.4 per cent identity, he says there would be approximately seven amino acid differences between the fusion and the natural Cry1Ac as described by Monsanto. At 94 per cent identity there could be up to 70 different amino acids, he says. According to him, changes of a single amino acid can significantly alter the characteristics of proteins. And one of them is immunogenicity. Says Rodrigues: It exposes the lapses on the part of our regulators. We don’t have any Bt expert in this country and the study underlines the need for independent studies before clearing a GM crop. In a letter to Jairam Ramesh recently, she cites the study and blames what she calls regulatory lapses “to the huge conflict of interest that exists and, therefore, the alarming degree of ‘interest’ there is to push for GM crops in Indian agriculture and Monsanto in particular”. Gyanendra Shukla, director, Monsanto, says the study will be looked into while Mahyco officials have chosen not to comment. Meanwhile, what the study underlines is something larger than Bt brinjal. It is about the need to have an independent regulator guided only by scientific evidence and not by anything else, as Heinemann says.

Bt brinjal has no history of safe use

http://www.downtoearth.org.in/content/bt-brinjal-has-no-history-safe-use

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Author(s): Latha Jishnu
Issue: Mar 19, 2012

Jack A. Heinemann, professor of molecular biology and genetics at the University of Canterbury, New Zealand, has expertise in , bacterial genetics and . As director of the University’s Centre for Integrated Research in (INBI) since 2001, has contributed in no small measure to a better understanding and management of emerging biotechnologies.

INBI, says the academic, has special responsibility for developing tools that improve safety assessments of genetically modified organisms. These tools are aimed at helping government regulators and scientists with other specialities to access the best available and latest research and apply it to hazard identification. In an interview to Latha Jishnu, Heinemann explains why he was taken aback by the way Mahyco’s data was assessed by the GEAC, the regulator, and its experts committees.

Jack A. HeinemannJack A. HeinemannWhat, according to you, are the most serious of the shortcomings/misrepresentations in the developer’s data? 

I can’t answer this question for all dossiers. At best I could answer it only for those I’ve seen. If you mean the brinjal data, I don’t know where to begin. I think the most disappointing aspect of that dossier was that every experiment I personally reviewed seemed to have some significant flaw, or was only half finished, leaving effectively nothing to support the conclusions of safety. It had the semblance of authority, but lacked the substance.

Were you taken aback by the findings of your evaluation? Did you expect better monitoring by the Indian regulator and the expert bodies appointed by it given the agriculture profile of the country where farming is essentially a livelihoods issue rather than a commercial proposition?

Yes, I expected more attentiveness to the details, and for the regulator to exercise a greater distance from the data. At the very least, I would have expected the regulator to ask for clarification and data wherever the claims being made were based on assumption and reasoning rather than data.

You say that “the developer reports that a leucine residue at position 766 has been replaced by a serine residue in planta”. What does this mean and what are the consequences?

This means that the gene used in the plant is different from the gene in nature. It is different in several ways and this is just one of those ways. While this one particular amino acid change might sound insignificant, serine is very different from leucine. For example, plant cells often link arrays of sugar molecules to serine residues and these arrays can be structurally variable, affecting many different properties. In particular, the kinds of properties we would be concerned with are those that might affect the immune response of people or wildlife. These structural changes can also interfere with detection of the product after it enters the food chain. Lack of traceability reduces consumer choice and makes it more difficult to recall a product if it is later found to be unsafe.

Again, I quote from the report: “What appear to be small differences can be physiologically and immunogenically important. The change from leucine to serine at position 766 is of interest to the biosafety investigator because only the latter can be O-linked glycosylated by the addition of N-acetylgalactosamine through a side chain hydroxyl group (Mitra et al., 2006).”  How serious are the implications?

We don’t know. No one can say without proper testing. That is the purpose of pre-market risk assessment, to identify molecular changes which might cause adverse effects. Once they are identified, then they can be evaluated through testing. Since developers keep complete control of these products, it would not even be possible for independent scientists such as those in INBI to even attempt testing. Only the regulator can insist on that testing.

You say: “Taken together, PV-LEBK04 has at least 10 different DNA elements that have been taken from different species, including soybeans, viruses, plasmids isolated from different species of bacteria, and many of which have also been extensively and separately subject to in vitro modification after being taken from their natural sources.” What does this mean for a consumer?

What it means is that in many different ways the Bt brinjal has no history of safe use. It is exceedingly unlikely that this diverse combination of genetic elements has come together in nature much less in plants that potentially could be the source of a significant amount of food someone eats. Thus, by international consensus and agreement, the Bt brinjal should benefit from credible safety testing.

Does this poor regulation stem from lack of expertise with the monitoring bodies? For instance, this inability to understand the finer points of a vector/plasmid map. In a case of research fraud in , scientists of public research laboratories passed off a genome sequence as their original DNA construct. The vector map went unchallenged.

This is not something I can answer. The question should be directed at the regulator. But I would ask both the senior managers of the regulatory authority and the minister what pressures are being placed on the regulator and whether these pressures are consistent with expectation that the regulator serves the broader public interest and is precautionary.

Is there a readiness on the part of regulators, specially in the US and Europe, to accept the developer’s data unquestioningly?

In my opinion, some regulators I have worked with seem to be less critical of the data from industry than I experience when I try to publish a scientific paper which has almost no impact on public health or the environment. This strikes me as strange. Not that the standard of review shouldn’t be high for academic research. What is strange is that it does not appear to be as high on a regular and uniform basis for research used by regulators. Most importantly, the requirement that the work and materials be available for independent replication of the results is blocked by proprietary secrecy. Really sound science can be, and is, regularly replicated by other scientists with no strings attached.

Other independent scientists have also pointed out huge shortcomings in the developer’s data and in the evaluation by the ECs. Yet, our regulators have done little to rectify the position. How can INBI help in such a situation?

INBI’s founding mission is to assist civil society and the public to find answers to questions raised by biotechnology. We particularly work with those who have limited or no access to research grants or private funding, essentially those who would be asked to live with any adverse consequences of a biotechnology but not receive the financial benefits. With our limited resources, this is how we try to help. We have no power of compulsion. We can only make the case to the public or to the political decision-makers who, if they agree, can then change policy or legislation to effect better review.

Has INBI been instrumental in strengthening biosafety regulation elsewhere? 

INBI’s work on a variety of corn called LY038 was used by many governments around the world. In the end, the product was pulled from pre-commercial development because some of these governments insisted that the developer answer some of the outstanding safety questions we raised. See  Europe balks at GE corn in NZ and Authority ignored corn risk – expert

INBI has participated in the development of international biosafety guidance documents under the Cartagena Protocol on Biosafety and made submissions to Codex Alimentarius. We have directly worked with training of officials, such as in Solomon Islands. With our partners Third World Network and GenOK-Centre for Biosafety in Norway, we conduct biosafety courses for regulators, civil society leaders, scientists, industry, journalists and decision-makers from developing countries. Through this activity we reach 50 people a year. INBI was also the major partner in production of the Biosafety Assessment Tool, a free to the public risk assessment mentoring website - The Biosafety Assessment Tool

Would you agree with the perception that the large majority of scientists are determined to gloss over the biosafety aspects of transgenic crops because they believe it is the magic bullet for all the problems of agriculture?

I could not possibly say what other scientists think. However, I find convincing the sociological research that shows that independent science is under threat from a network of public-private funding systems and the entrepreneurial aspirations of public universities and government departments. All too often these aspirations also lead to contractual obligations between public institutions and the companies, creating conflicts of interest. I review and discuss this research in my book, Hope not Hype: The Future of Agriculture Guided by the International Assessment on Agricultural Knowledge, Science and Technology for Development. It can be downloaded free at http://bch.cbd.int/database/record.shtml?documentid=100891

How does INBI manage to provide such a service without charging any fees? 

We work weekends and evenings!  All those working in INBI do so because we believe in the mission. We are public researchers working in a good public university and allied with other like-minded researchers in similar situations. While this work does not pay the bills, it does build our own competence and helps to focus us on the science that is important. The work has attracted some of the best students I’ve ever had, because they want to make a difference, not just make money. We benefit too. Not directly, but because we think it makes our other work better. So far, our employers agree!