Constitution of India
Indian Penal Code
Section 272:- Adulteration of food or drink intended for sale:-- Whoever
adulterates any article of food...
Food Safety and Standards Authority of
                 India
 Established under Food Safety and Standards Authority of
 I...
What is Food Safety?
What are Risks?
Central Advisory Committee - FSSA
Section 13 – Food Safety
                GMO’
  Legislation – GMO’s
GENERAL PRINCIPLES OF
           FOOD SAFETY

Section 18. The Central Government, the State Governments, the Food Authorit...
GENERAL PRINCIPLES OF
     FOOD SAFETY
Section 18(f): In cases where there are reasonable grounds
to suspect that a food m...
Provision to GM Food in FSSA

Section 22: Save as otherwise provided under this Act
  and regulations made thereunder, no ...
Seed Act of 1966
   An Act in the interest of the farmer – to assure
   minimum level and standards of germination and
   ...
Biological Diversity Act, 2002
 Both BDA 2002 and PoPVaFRA 2001 are not very brilliant
 piece of legislations; but still c...
Protection of Plant Varieties
and Farmers' Rights Act, 2001
Section 15 (4): A new variety shall not be registered under th...
Conflict of Interest
              Declarations
Biological Diversity Act, 2002
   Section 12(5): Every member who is in an...
Indian’
An assessment of how we all Indian’s
  (and all our future generations)
      are being put up for SALE
      By t...
Will BRAI be actually a
       Regulatory Authority?
   The layout and provisions of the structure clearly shows
   that B...
The foundation on which BRAI
         will stand
GEAC in itself was illegal. All approvals it had given since its existenc...
Agriculture as
 in Article 246
 of Constitution

LIST II of 7th Schedule
  [Exclusive State List]
  Item 14:
  Agriculture...
But What BRAI intends
Section 2:- It is hereby declared that it is expedient in the public interest
   that the Union shou...
Some Provisions of BRAI
Section 63: Whoever,
without any evidence or
scientific record misleads
the public about the safet...
No RTI: Everything is a Trade
             Secret
                [Food was never a trade secret]
Section 3(h): "confident...
Drug/Food Safety Act
PROPOSED AMENDMENT: Schedule II
DRUG ACT - 2. After section 37, the following section shall be insert...
What about
 Clinical
  Trials
Section 3(g): "clinical trial"
   means systematic study
   of any new organism or
   produc...
Penal Clauses
Section 61 and 62 too weak and vague – Nobody can ever be
penalized for these violations – too many delibera...
Composition of the Committee

Three member weak body with short term of 3 years and
reappointment provision
No representat...
See Schedule I – Part I
                                SCHEDULE I
                              (See section 18)
        ...
And Penal Provision for
              Violating
Section 62(5): Whoever, himself or by any other person on his behalf,
   c...
What’
    What’s the Conclusion

India, Indian’s and all our children
                 are up

                          F...
Thank You



Questions
   &
Comments
            Bt Cotton is not pest-resistant as
            Bt Cotton is not pest-resi...
Food Safety And Regulation Mechanism [In Relation to GM] - Hemant Goswami
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Food Safety And Regulation Mechanism [In Relation to GM] - Hemant Goswami

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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.”

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Food Safety And Regulation Mechanism [In Relation to GM] - Hemant Goswami

  1. 1. Constitution of India
  2. 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. 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. 4. What is Food Safety?
  5. 5. What are Risks?
  6. 6. Central Advisory Committee - FSSA
  7. 7. Section 13 – Food Safety GMO’ Legislation – GMO’s
  8. 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. 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. 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. 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. 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. 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. 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. 15. 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
  16. 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. 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.
  17. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 28. 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.]
  29. 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
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