GM questions and answers

Updated: 14 Mar 2008

What is the GM Canola Moratorium decision?

Background

  • In March 2003, the NSW Government introduced legislation to allow a moratorium to be placed on the cultivation of certain genetically modified (GM) food crops. Subsequently, moratoriums were placed on the cultivation of InVigor® and Roundup Ready® GM canola. At that time there were divisions and uncertainty within different industries, the farming sector and regional communities about the impact of GM canola on markets and trade. The NSW legislation and moratorium were due to expire on 3 March 2008.

NSW Review

  • In July 2007 the NSW Government established an Independent Review Panel to review the impact of the moratorium and provide recommendations on the appropriateness of the legislation.
  • The Review Panel received 1,365 written submissions, met face to face with 31 stakeholders and reviewed published, publicly available information.
  • The Review Panel looked at what had changed in relation to market acceptance of GM canola in the last 4 years and found that the concerns about the impact of GM canola on markets and trade had largely been resolved.
  • The review covered issues such as segregation and coexistence, market access and price premiums, choice for producers and consumers, organic production, farm level practices, liability and investment in technology.
  • The information the Review Panel received included strong evidence that the introduction of GM canola to NSW would have minimal impact on market access or prices for the majority of Australian canola. The review therefore recommended the current moratorium on the cultivation of GM canola in NSW be removed.
  • The review also recognised the balance between the uncertainty surrounding the potential impacts on markets and trade of new GM food crops and providing a clear ‘path to market’ for the regulation of GM crops in NSW and therefore recommended the extension and amendment of the legislation rather than allowing it to expire.

Amendment of legislation

  • In December 2007, the NSW Government amended the Gene Technology (GM Crop Moratorium) Act 2003, extending the Act until 1 July 2011 and replacing the GM canola specific moratorium orders with a blanket moratorium on all GM food crops in NSW.
  • The amended legislation provides for the approval of the commercial cultivation of a specific GM food crop where the relevant industry makes an application which addresses criteria on industry preparedness to manage the GM food crop. The application is assessed by an Expert Committee which provides advice to the Minister.

Approval of GM canola in NSW

  • A representative of the canola industry in NSW made an application to the Minister for GM canola to be approved for commercial cultivation in NSW.
  • The Minister referred the application to an Expert Committee to provide advice as to whether or not the application met the specified criteria set out in the legislation relating to issues including the requirements of domestic and international markets for GM canola and supply chain management.
  • The Expert Committee assessed the application and provided advice to the Minister that the application met the specified criteria.
  • On 14 March 2008 the Minister announced the approval of the commercial cultivation of GM canola in NSW.

NSW Expert Committee on Gene Technology

The members of the NSW Expert Committee on Gene Technology are:

Professor Timothy Reeves - Chair, Dr Geoffrey Annison, Mr Phillip Clamp, Mr Brett Drysdale, Dr TJ Higgins, Ms Jo Immig, Dr Zoltan Lukacs, Mrs Juliet McFarlane, Ms Cindy Mills, Mr Hugh Roberts, Dr Steve Thomas and Mr Nicholas Woods.

How will GM canola be segregated from non-GM?

  • Segregation of grains is carried out routinely in the Australian grain supply chain. For example, more than 50 different segregated wheat products are exported each year, each targeted to a specific end‑product use such as noodles, breads, other bakery products and the premium durum varieties for semolina and pasta. Segregation in other commodities such as barley is also extensive.
  • There has been significant coordinated effort across the Australian grain industry to put in place protocols to manage the grain supply chain and to provide for segregation of grain types as the market dictates.
  • The grain industry, through the Single Vision Grains Australia initiative has developed a comprehensive range of protocols to manage and govern the introduction of GM canola. The plan demonstrates industry’s commitment to meeting market requirements. Agreed processes will ensure coexistence of GM and non-GM crops throughout the supply chain.

How will we avoid contamination of organic crops with GM canola?

  • Organic producers routinely avoid contamination from non-organic crops to meet organic certification requirements.
  • Most organic industries, such as fruit and vegetables, will be unaffected by the commercial cultivation of GM canola as they have separate supply chains.

Will a ‘strict liability’ regime be required so that biotechnology companies will be liable for any damage that may result from their product?

  • All Australian Governments and much of the legal profession agree that existing common law and contract law will address any potential liabilities associated with GM crops.

What about those companies that have publicly stated that they do not support the lifting of the moratorium on GM canola?

  • The Review Panel found that, if markets demand it, the industry has the ability to segregate GM from non-GM canola to meet market specifications. Those companies that wish to position themselves as non-GM will have the choice to do so. Other companies may choose not to adopt this position.