Taking about the legal aspect of the laws relating to food security and safety, social activist Hemant Goswami mentioned that way back in 1860 also the penal code provided safeguards against foods and eatables which can cause harm to human health or environment. Food Adulteration Act and Food Safety Act 2006 further assured the right of citizens to have safe food. However the commercial interests are trying to gain backdoor entry in the name of genetically modified crops and food by discarding all precautionary principals of food safety and security. Genetically modified food requires multi-generational tests as they have not evolved naturally. It would be dangerous to adopt anything as food until and unless it has been found to be safe for a minimum of three generation of any animal; at least the mice. Criticizing the proposed Biotechnology Regulatory Authority Bill (BRAI), Hemant mentioned that, “The proposed BRAI bill largely takes care only of the multinational companies trying to dominate the food chain and push genetically engineered food to Indian consumers without proper food safety safeguards. The bill is not only anti people and anti farmer but also against the Constitutional provisions of Article 19 and 21. In absence of other safeguards, the rubber stamp BRAI will make us slaves of the powerful MNC’s and countries.”
Citation preview
1. Constitution of India
2. Indian Penal Code Section 272:- Adulteration of food or
drink intended for sale:-- Whoever adulterates any article of food
or drink, so as to make such article noxious as food or drink,
intending to sell such article as food or drink, or knowing it to
be likely that the same will be sold as food or drink, shall be
punished with imprisonment of either description for a term which
may extend to six months, or with fine which may extend to one
thousand rupees, or with both. Section 273:- Sale of noxious food
or drink: -- Whoever sells, or offers or exposes for sale, as food
or drink, any article which has been rendered or has become
noxious, or is in a state unfit for food or drink, knowing or
having reason to believe that the same is noxious as food or drink,
shall be punished with imprisonment of either description for a
term which may extend to six months, or with fine which may extend
to one thousand rupees, or with both. Section 277:- Fouling water
of public spring or reservoir Rs. 500/- Section 278:- Making
atmosphere noxious to health Rs. 500/- Section 284:- Negligent
conduct with respect to poisonous substance 6 months Etc
3. Food Safety and Standards Authority of India Established
under Food Safety and Standards Authority of India Act 2006
Protection of Plant Varieties and Farmers' Rights Authority
Established under Protection of Plant Varieties and Farmers' Rights
Act, 2001 National Biodiversity Authority Established under
Biological Diversity Act, 2002. Central Seed Committee and
certification agency Established under the Seeds Act of 1966
4. What is Food Safety?
5. What are Risks?
6. Central Advisory Committee - FSSA
7. Section 13 Food Safety GMO Legislation GMOs
8. GENERAL PRINCIPLES OF FOOD SAFETY Section 18. The Central
Government, the State Governments, the Food Authority and other
agencies, as the case may be, while implementing the provisions of
this Act shall be guided by the following principles , namely : 1.
(a) endeavour to achieve an appropriate level of protection of
human life and health and the protection of consumers' interests,
including fair practices in all kinds of food trade with reference
to food safety standards and practices; (b) carry out risk
management which shall include taking into account the results of
risk assessment, and other factors which in the opinion of the Food
Authority are relevant to the matter under consideration and where
the conditions are relevant, in order to achieve the general
objectives of regulations ; (c) where in any specific
circumstances, on the basis of assessment of available information,
the possibility of harmful effects on health is identified but
scientific uncertainty persists, provisional risk management
measures necessary to ensure appropriate level of health protection
may be adopted, pending further scientific information for a more
comprehensive risk assessment ;
9. GENERAL PRINCIPLES OF FOOD SAFETY Section 18(f): In cases
where there are reasonable grounds to suspect that a food may
present a risk for human health, then, depending on the nature,
seriousness and extent of that risk, the Food Authority and the
Commissioner of Food Safety shall take appropriate steps to inform
the general public of the nature of the risk to health, identifying
to the fullest extent possible the food or type of food, the risk
that it may present, and the measures which are taken or about to
be taken to prevent, reduce or eliminate that risk; and
10. Provision to GM Food in FSSA Section 22: Save as otherwise
provided under this Act and regulations made thereunder, no person
shall manufacture, distribute, sell or import any novel food,
genetically modified articles of food, irradiated food, organic
foods, foods for special dietary uses, functional foods,
neutraceuticals, health supplements, proprietary foods and such
other articles of food which the Central Government may notify in
this behalf.
11. Seed Act of 1966 An Act in the interest of the farmer to
assure minimum level and standards of germination and quality
Central Seed Committee Advisory role Section 3.(2): The Committee
shall consist of the following members, namely:- (i) a Chairman to
be nominated by the Central Government; (ii) eight persons to be
nominated by the Central Government to represent such interests
that Government thinks fit, of whom not less than two persons shall
be representatives of growers of seed; (iii) one person to be
nominated by the Government of each of the States. Section 6: The
Central Government may, after consultation of the Committee and by
notification in the Official Gazette, specify (a) the minimum
limits of germination and purity with respect to any seed of any
notified kind or variety: (b) the mark or label to indicate that
such seed conforms to the minimum limits of germination and purity
specified
12. Biological Diversity Act, 2002 Both BDA 2002 and PoPVaFRA
2001 are not very brilliant piece of legislations; but still
contains some useful provisions Section 2 (b): biological diversity
means the variability among living organisms from all sources and
the ecological complexes of which they are part and includes
diversity within species or between species and of eco-systems;
Section 7: No person, who is a citizen of India or a body
corporate, association or organization which is registered in
India, shall obtain any biological resource for commercial
utilization, or bio-survey and bio-utilisation for commercial
utilization except after giving prior intimation to the State
Biodiversity Board concerned:
13. Protection of Plant Varieties and Farmers' Rights Act, 2001
Section 15 (4): A new variety shall not be registered under this
Act if the denomination given to such variety (iii) is liable to
mislead or to cause confusion concerning the characteristics, value
identity to such variety of the identity of breeder of such
variety; or (i v ) is not different from every denomination which
designates a variety of the same botanical species or of a closely
related species registered under this Act; or (v) is likely to
deceive the public or cause confusion in the public regarding the
identity of such variety; or ( v i) is likely to hurt the religious
sentiments respectively of any class or section of the citizens of
India; Section 18(1): Every application for registration under
section 14 shall (c) be accompanied by an affidavit sworn by the
applicant that such variety does not contain any gene or gene
sequence involving terminator technology; (h) contain a declaration
that the genetic material or parental material acquired for
breeding, evolving or developing the variety has been lawfully
acquired;
14. Conflict of Interest Declarations Biological Diversity Act,
2002 Section 12(5): Every member who is in any way, whether
directly, indirectly or personally, concerned or interested in a
matter to be decided at the meeting shall disclose the nature of
his concern or interest and after such disclosure, the member
concerned or interested shall not attend that meeting. Protection
of Plant Varieties and Farmers' Rights Act, 2001 Section 4: Every
member who is in any way, whether directly, indirectly or
personally, concerned or interested in a matter to be decided at
the meeting shall disclose the nature of his concern or interest
and after such disclosure, the member, concerned or interested,
shall not attend that meeting.
15. Indian An assessment of how we all Indians (and all our
future generations) are being put up for SALE By the very
Government you & me have elected
16. Will BRAI be actually a Regulatory Authority? The layout
and provisions of the structure clearly shows that BRAI is not
going to be a regulatory authority but an APPROVAL agency. It will
help Multinational companies who want to control the food-chain and
patent all life forms, so as to help them consolidate their
position and have dominance. It intends to make it difficult for
common man to have any say or opinion on the issue of what he eats
and how he interacts with nature. Its a total plan to sell out our
sovereignty and rights of our farmers and people .. We have seen
enough regulatory authorities in India, and we understand how they
function and what they do . But in this case, it will directly
affect our and our future generations life and existence.
17. The foundation on which BRAI will stand GEAC in itself was
illegal. All approvals it had given since its existence are illegal
and without authority. GEAC was brought into existence under the
Environment Protection Act (EPA) EPA does not in any way provide
for formation of such a body, approving food and Genetically
modified organisms. In-fact the Ministry of Environment has no
scientist having the requisite qualification to even understand
what was happening. All GEAC members met over a cup of tea/coffee
every month for a couple of hours. There was hardly any discussion
analyzing the study. There were no field investigation/ inspection
or visits. They relied on all the data which was supplied by the
corporate MONSANTO and the company they held, MAHYCO
18. Agriculture as in Article 246 of Constitution LIST II of
7th Schedule [Exclusive State List] Item 14: Agriculture, including
agricultural education and research, protection against pests and
prevention of plant diseases
19. But What BRAI intends Section 2:- It is hereby declared
that it is expedient in the public interest that the Union should
take under its control the regulation of organisms, products and
processes of modern biotechnology industry. Section 81: Save as
otherwise provided, the provisions of this Act shall have effect,
notwithstanding anything inconsistent therewith contained in any
other law for the time being in force or in any instrument having
effect by virtue of any law other than this Act. Section 60: Power
to approach the High Court has been taken away The ACT will
override all laws made by the STATE Government and will gain
exclusive control over item specified in list II of VIIth Schedule
without actually going in for an amendment
20. Some Provisions of BRAI Section 63: Whoever, without any
evidence or scientific record misleads the public about the safety
of the organisms and products specified in Part I or Part II or
Part III of the Schedule I, shall be punished with imprisonment for
a term which shall not be less than six months but which may extend
to one year and with fine which may extend to two lakh rupees or
with both.
21. No RTI: Everything is a Trade Secret [Food was never a
trade secret] Section 3(h): "confidential commercial information"
means, - (i) a trade secret or any other information which has a
commercial or other value which would be, or could reasonably be
expected to be, destroyed or diminished if such information was
disclosed; or (ii) such other information which relates to lawful
commercial or financial affairs of a person, organisation or
undertaking dealing with organisms or products specified under Part
I or Part II or Part III of Schedule I which, if disclosed, could
adversely affect such person, organisation or undertaking; Section
27: (1) In case an application to be submitted under sub-section
(1) of section 24 or sub-section (1) of section 26 require the
disclosure of confidential commercial information, such information
shall, notwithstanding anything contained in the Right to
Information Act, 2005, be retained as confidential by the Authority
and not be disclosed to any other party. (2) If the Authority is
satisfied that the public interest outweighs the disclosure of
confidential commercial information or such disclosure shall not
cause harm to any person, it may refuse to retain that the
information as confidential commercial information. Section 81:
Save as otherwise provided, the provisions of this Act shall have
effect, notwithstanding anything inconsistent therewith contained
in any other law for the time being in force or in any instrument
having effect by virtue of any law other than this Act.
22. Drug/Food Safety Act PROPOSED AMENDMENT: Schedule II DRUG
ACT - 2. After section 37, the following section shall be inserted,
namely:- "37A. Nothing contained in this section shall apply to the
genetically modified or engineered organisms or any matter or thing
connected with it to which are covered under the Biotechnology
Regulatory Authority of India Act, 2009. FOOD SAFETY ACT - 1. In
section 13, in sub-section (3), in clause (c), the words "organisms
and" shall be omitted. [Section 13 provides for appointment of
Scientific Panel on Genetically Modified Organisms.] The Power of
the MoH to have scientific panel on GMO has been taken away In the
category of UNSAFE foods Section 3(zz) of the Food Safety Act not
amended to include Unsafe GM Foods? Why?
23. What about Clinical Trials Section 3(g): "clinical trial"
means systematic study of any new organism or product specified in
Schedule I in human for the purpose of generating data for
discovering or verifying its clinical, pharmacological (including
pharmacodynamic and pharmacokinetic) biological, or, adverse
effects with the objective of determining safety, efficacy or
tolerance of that organism or product;
24. Penal Clauses Section 61 and 62 too weak and vague Nobody
can ever be penalized for these violations too many deliberate
loopholes No provision for penalty for concealment of information
and for concealment or misrepresentation about safety of GE
products No class action provisions Civil procedure suggested
though it would be a criminal wrong Bar on action unless a person
goes through the cumbersome BRAI procedure Offences not cognizable
In a Nut Shell No body would ever be punished for pushing the human
race to death, disease and devastation
25. Composition of the Committee Three member weak body with
short term of 3 years and reappointment provision No representation
of State Governments No bar on subsequent employment like the Human
Rights commission. Too weak (and full of loop holes) provisions for
employment in private sector by the members of the commission and
the advisory body. Toothless Advisory body and scientific panels
Advisory body and scientific bodies can have endless members from
PRIVATE sector. In-fact all members can be from Private
Companies
26. See Schedule I Part I SCHEDULE I (See section 18) PARTI 1.
Organisms and products mentioned under sub-paragraph (a) to (c) of
this Part which shall be regulated by the Authority. (a) Any
genetically engineered plant, animal, micro-organism, virus or
other animate organism that may have application in agriculture,
fisheries (including aquaculture), forestry or food production; (b)
Any genetically engineered plant, animal, micro-organism, virus or
other animate organism used as food; (c) Any animal clones that may
have application in agriculture, fisheries or food production.
27. And Penal Provision for Violating Section 62(5): Whoever,
himself or by any other person on his behalf, conducts field trials
with organisms or products specified in Part I or Part III of
Schedule I, in contravention of section 33 shall be punished with
imprisonment for a term which shall not be less than six months but
which may extend to one year and with fine which may extend to two
lakh rupees or with both. Interesting to Note: Word Clinical trial
is missing from the penal provision. No other penal provision for
violation of any condition related to Part I of Schedule I. Field
trials are also weakly defined in Section 3(n). No body can ever be
punished for it. Section 3(n): "Field trials" means a field
experiment of growing a genetically engineered organism in the
environment under specified terms and conditions which are intended
to mitigate the establishment and spread of the organism;
28. What Whats the Conclusion India, Indians and all our
children are up FOR SALE By Corrupt Politicians and Bureaucrats
[The Game is to control the world by controlling the entire food
chain and getting the chemicals and proteins into our body which
will help them consolidate their position further. Imagine, someone
will get royalty and commission every time you feel hungry and
every bite of food you take. The diseases caused by the GE products
would be treated only by the GE medicines they will have. We are
standing on door way of permanent slavery and disaster.]
29. Thank You Questions & Comments Bt Cotton is not
pest-resistant as Bt Cotton is not pest-resistant as claimed
earlier --MONSANTO claimed earlier MONSANTO