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.”
3. 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…………
4. 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
9. 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 ;
10. 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
11. 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.
12. 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
13. 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:
14. 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;
15. 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.
16. Indian’
An assessment of how we all Indian’s
(and all our future generations)
are being put up for SALE
By the very Government
you & me have elected
17. 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.
It’s 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.
18. 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”
19. 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
20. 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
21. 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.
22. 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.
23. 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?
24. 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;
25. 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
26. 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
27. 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.
28. 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;
29. What’
What’s the Conclusion
India, Indian’s 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.]
30. Thank You
Questions
&
Comments
Bt Cotton is not pest-resistant as
Bt Cotton is not pest-resistant as
claimed earlier --MONSANTO
claimed earlier MONSANTO