Legal Watch

The South African Biosafety Laws:

(Taken from the African Centre for Biosafety - an excellent and comprehensive site for all matters pertaining to GMO legislation, patenting, permitting, field trials etc. 

Overview: 
In South Africa , modern biotechnology is being developed primarily for use in agriculture, forestry and food production systems. Although not yet at the global forefront of biotechnology, South Africa has relatively well-developed modern biotechnology capacity, with several universities, the Agricultural Research Council (ARC) and the Council for Scientific and Industrial Research (CSIR) participating. Moreover, the so-called "Life Sciences" or "gene giants" - large multinational companies - are also active in South Africa and have been for many years.

During the period 1992 - 1999, prior to biosafety legislation coming into effect in South Africa, the National Department of Agriculture (DOA) approved 165 applications for the release of genetically engineered food crops into the environment for the purposes of field trials. In 1998, the DOA authorised the commercial planting of genetically engineered insect-resistant maize and insect-resistant cotton, while several permits were also granted during 1998 for the importation of genetically engineered soy beans for animal consumption.

After the Genetically Modified Organisms Act came into effect on 1 December, 1999 and during the period January - October 2000, 111 applications were lodged with the DOA for permits regarding various activities including general releases, field trials, contained use and commodity imports for human and animal consumption. Astonishingly, in so short a period, 105 of these applications were approved.

The need for national legislation which imposes stringent biosafety measures is well recognised in international law. Because of the current lack of scientific knowledge concerning the precise effects of certain engineered genes once they are released into the environment, it is not always possible to anticipate long-term hazards or to quantify the harm. Moreover, the magnitude and scope of the consequences to human and animal health and to ecosystems may well be very serious and the effects irreversible, even if the probability of risk occurrence is low.

The South African Government has, in terms of its National Policy on the Conservation and Sustainable Use of South Africa's Biological Diversity, unequivocally expressed the urgent need to take measures to regulate the transfer, handling, use and release of GMOs in order to minimise the potential risks to biodiversity and human health. Government has, in its policy, further advocated a proactive and precautionary approach with regard to the transfer, handling, use and release of GMOs, taking into account the need to balance the risks associated with GMOs with the potential social, economic and environmental benefits to be derived from them.

Currently, the Biosafety Regime in South Africa is constituted by the following statutes:

 - the Genetically Modified Organisms Act, No 15 of 1997 (GMO Act), which is the key biosafety law in South Africa;

-  the Environment Conservation Act, No 73 of 1989 (ECA) and certain Regulations that, on the face of it, require mandatory environmental impact assessments for GMOs, but are, in practice, impossible to implement;

-  the Foodstuffs, Cosmetics and Disinfectants Act, No 54 of 1971 (FCD Act), which sets out control measures to ensure food safety and is also the Act under which Regulations for the labelling of GMOs and the products in which they are found should be promulgated; and

-  the National Environmental Management Act, No 107 of 1998 (NEMA). This Act has general application but contains a number of critically important provisions that augment other environmental laws, including biosafety legislation, in particular by regulating decision-making and placing certain obligations on "polluters". It also gives such legislation "teeth" by providing a number of incentives for civil society to enforce environmental laws.

Read full reports including the recent GMO Act Amendment Bill, at:

http://www.biosafetyafrica.net/south_africa.htm

Other Interesting Regulatory Matters:

Regulating Genetic Engineering, Nanotechnology, Biotechnology and Biosafety - Combatting GM Food Aid by the UKFood Group

Detection of GMO in food products in South Africa: Implications of GMO labelling - Dr C Viljoen, University of the Free State

Click here to go to a list of Government Departments and NGOs involved with disseminating information on GM Foods to consumers in South Africa.