India. Agricultural Biotechnology Annual. Jul 2013 Nov. 6, 2013
Bt cotton is the only commercially approved biotech crop in India, with six events and more than 1100 Bt hybrids approved for commercial cultivation. Since 2010, when the Ministry of Environment and Forest announced a moratorium on approval of Bt eggplant, India’s biotech regulatory system has been on a regressive pathway. Animal biotechnology research is in its infancy, except for some success in animal cloning, and there are no GE animals in commercial production.
Section I. Executive Summary:
Agricultural trade between the United States and India reached about $6.98 billion in calendar year (CY) 2012, but the agricultural trade balance is skewed over 6 to 1 in India’s favor. Soybean oil derived from glyphosate-tolerant soybeans is the only biotech food/agricultural product currently approved for import. In CY 2010, U.S. soybean oil exports to India reached a record $132 million, and were estimated at $96 million in CY 2012. Bt cotton is the only genetically engineered (GE) crop currently approved for commercial cultivation in India. Since 2002, the GOI has approved six Bt cotton events and more than 1100 Bt cotton hybrids and varieties for commercial cultivation. India does not commercially produce GE animals, including cloned animals or products derived from GE animals for commercial production.
The 1986 Environmental Protection Act (EPA) lays the foundation for India’s biotechnology regulatory framework for both GE plants and animals and, their products. Under current Indian regulations, all biotech food/agricultural products or products derived from biotech plants/organisms must receive formal approval from the Genetic Engineering Appraisal Committee (GEAC) prior to commercialization or imports (the GEAC is India’s apex biotech regulatory body). On April 22, 2013, the DBT submitted the “Biotechnology Regulatory Authority of India Bill 2012” (BRAI) to the Parliament of India, which has been subsequently referred to the Parliamentary Standing Committee on Science, Technology, Environment and Forests for review and consultations with stakeholders. The BRAI bill proposes setting up an independent and autonomous national biotech regulatory authority for biosafety clearance of genetically engineered products and processes.
Since 2010, India’s biotech regulatory system has been on a regressive pathway. On February 9, 2010, the Ministry of Environment and Forest (MOEF) announced a moratorium on the approval of Bt eggplant. On July 6, 2011, the GEAC introduced new procedures for authorizing biotech crop field trials, requiring applicants (technology developers) to obtain a “no objection certificate (NOC)” from the relevant state government. This decision has hampered ongoing field trials as only a few states have issued NOCs. Since April 11, 2012, the GEAC has taken no decisions on GE crops in the regulatory pipeline, including approval of GE crops for field trials or commercial cultivation. On October 7, 2012, the Supreme Court (SC) of India appointed Technical Expert Committee (TEC) to review and recommend biosafety risk assessment studies for genetically modified (GM) crops submitted an interim report recommending a ban on ongoing GE crop field trials until existing biosafety regulatory system is improved. The report was strongly contested by the government and industry associations, and the SC asked the TEC to take into consideration the objections into their final recommendations. The TEC’s final report is still awaited.
CHAPTER 1: PLANT BIOTECHNOLOGY
PRODUCTION AND TRADE
a. Product Development
Several Indian seed companies and public sector research institutions are working on the development of various genetically engineered (GE) crops, mainly for pest resistance, herbicide tolerance, nutritional enhancement, drought tolerance and yield enhancement. The crops being developed by public sector institutions include banana, cabbage, cassava, cauliflower, chickpea, cotton, eggplant, rapeseed/mustard, papaya, pigeon pea, potato, rice, tomato, watermelon and wheat. The private seed companies are focusing on cabbage, cauliflower, corn, rapeseed/mustard, okra, pigeon pea, rice and tomato, and next generation technologies (stacked events) for cotton. Due to the non-functioning of the GEAC and problems in getting permission from the state governments, field trials in 2012 were conducted only for cotton, corn, and rice against nine crops in 2011.
Current regulatory policy environment continues to hamper approval of several new crop events which are at advanced stage of regulatory approval. On October 14, 2009, the GEAC recommended the approval of commercial cultivation of Bt brinjal (eggplant), which was forwarded to the Ministry of Environment and Forest (MOEF) for a final decision. After a series of public consultations, on February 9, 2010, the MOEF announced a moratorium on the approval until the government regulatory system could ensure human and environmental safety through long term studies. More than three years later, the GEAC has not yet taken any decision on the next steps or studies that need to be undertaken for the approval of Bt eggplant. The ongoing field trials of several other new crop events, which are at an advanced stage of regulatory approval process, have also been adversely affected by the government’s seeking additional permission from state governments for the field trials and the recent lag in the functioning of the GEAC.
b. Commercial Production
Bt cotton is the only GE crop approved for commercial cultivation in India. Bt cotton area has grown to over 93 percent of total cotton area in just over a decade, accounting for more than 96 percent of India’s cotton production in 2012. As a result, India has emerged as the second largest producer and exporter of cotton in the world. To date, the Government of India (GOI) has approved six cotton events and more than 1100 hybrids for cultivation in different agro-climatic zones. Most of the approved Bt cotton hybrids are produced from two Monsanto events (Mon 531 and Mon 15985). The commercial cultivation of Bt cotton events is approved for seed, fiber, and feed production/consumption.
Riding on the success of Bt cotton, agricultural biotechnology has emerged as the third largest component in India’s domestic biotech industry with revenue of INR 43.3 billion ($734 million) in Indian fiscal year (IFY) 2012/13 (April/March), accounting for more than 18 percent of the total revenue. With Bt cotton being the only GE product approved and area under Bt cotton nearly at its maximum, growth of agriculture biotechnology has slowed to 5 percent in 2012/13 (15 percent in 2011/12), and is likely to slow further for the foreseeable future.
India is the one of the leading exporters of cotton (Bt) and occasionally exports small quantities of cotton seed and meal from Bt cotton. Market sources report that export documentation for cotton as a fiber product (cellulose) does not require GE declaration as it has no protein content. India does not export a significant quantity of cotton or cottonseed meal to the United States.
The only GE food product currently authorized for import into India is soybean oil derived from glyphosate-tolerant soybeans. India imports significant quantity of soybean oil from several countries, including Brazil, Argentina and the United States.
e. Food Aid
India is not a food aid recipient from the United States and is not likely to be in the near future.
a. Regulatory Framework
The regulatory framework for GE crops, animals and products in India is governed by the Environmental Protection Act (EPA) of 1986 and the “Rules for the Manufacture, Use/Import/Export and Storage of Hazardous Microorganisms/Genetically Engineered Organisms or Cells, 1989.” These rules govern research, development, large-scale use, and import of GE organisms and their products. The rules identify six competent authorities.
In 1990, the Department of Biotechnology (DBT) in the Ministry of Science and Technology developed Recombinant DNA Guidelines, which were subsequently amended in 1994. In 1998, the DBT issued separate guidelines for biotech (GE) plant research, including the import and shipment of GE plants for research use. In 2008, the GEAC adopted “Guidelines and Standard Operating Procedures for the Conduct of Confined Field Trials.” The GEAC also adopted new “Guidelines for Safety Assessment of Foods derived from Genetically Engineered Plants”. All guidelines and protocols, including the EPA.
Since the MOEF decision on imposing a moratorium on Bt eggplant in 2010, India’s biotech regulatory system has been on a regressive phase.
GEAC Functioning Put on Hold
Since April 11, 2012, the GEAC under the MOEF has taken no decisions on GE crops in the regulatory pipeline, including approval of GE crops for field trials or commercial cultivation. The last GEAC tenure ended on June 9, 2012. The MOEF took more than 9 months to announce constitution of the new GEAC on March 11, 2013. The newly constituted GEAC met on March 22, 2013, but the decisions taken in that meeting have not been approved by the MOEF to date. The decisions taken by the GEAC were posted on its website on June 18, 2013, but were withdrawn two days later on instructions from the MOEF. Industry sources are concerned about the delay in functioning of the GEAC, which is holding up all ongoing GE crop field trials and GE event approvals, some of which have already gone through the requisite regulatory testing procedures.
SC Appointed Technical Committee To Review Biosafety Assessment
On May 10, 2012, the Supreme Court (SC) of India appointed a six-member Technical Expert Committee (TEC) to review and recommend risk assessment studies (for health and environmental safety) for all bioengineered crops before they can be released for open field trials. The SC action is in response to a petition filed in 2005 which alleged that field trials of GM crops were being allowed without proper scientific evaluation of bio-safety concerns.
The TEC submitted an interim report on October 7, 2012, to the SC, wherein the committee recommended a ban on ongoing GE crop field trials until lacunae in the existing biosafety regulatory system are addressed. On November 9, 2012, the TEC report was discussed in the SC hearing wherein the government and various industry associations strongly opposed the TEC recommendation. Consequently, the SC asked the TEC to take into consideration the objections into their final recommendations, and also nominated a senior agriculture scientist as a member of the TEC. The TEC has held a series of discussions, but so far has not submitted their final report.
FSSAI Not Ready for Regulating GE Food
On August 24, 2006, the GOI enacted an integrated food law, namely the “Food Safety and Standards Act of 2006”, which has specific provisions for regulating GE food products, including processed foods. Under the Act, the Food Safety and Standards Authority of India (FSSAI) has been entrusted as the single authority responsible for establishing and implementing science-based standards for food, and for aligning them with international standards.
On August 23, 2007, the MOEF issued a notification stating that processed food products derived from genetically engineered products (where the end-product is not an LMO - a living modified organism) do not require approval from GEAC for production, marketing, import and use in India. As processed food products are not replicated in the environment, they are not considered to be an environmental safety concern under the 1989 EPA. However, imports of LMOs continue to be under the purview of GEAC and the 1986 EPA.
As FSSAI does not have specific regulations for GE food products, the Ministry of Health and Family Welfare (MHFW) has requested that the GEAC continue to regulate processed food products (containing GE ingredients) under the 1989 Rules. Thus, the MOEF notification on processed food products has been deferred and the GEAC continues to regulate imports of processed GE food products. On May 21, 2010, the FSSAI circulated a “Draft on Operationalizing the Regulation of Genetically Modified Foods in India.” Stakeholders have been invited to comment. However until new regulations are in place, the 1986 EPA remains the cornerstone of India’s biotech regulatory system.
Proposed Biotechnology Regulatory Authority Bill Still Pending
On November 13, 2007, the Ministry of Science and Technology unveiled a “National Biotechnology Strategy” to strengthen the regulatory framework, instituting a National Biotechnology Regulatory Authority of India (NBRAI) that would provide a single window mechanism for biosafety clearance. In 2008, the DBT issued a draft “National Biotechnology Regulatory Bill,” together with a draft “Establishment Plan for Setting up the National Biotechnology Regulatory Authority.” Following inter-ministerial consultations with different stakeholders, the DBT subsequently drafted a revised “Biotechnology Regulatory Authority of India Bill 2012” (BRAI), which was submitted to the Parliament of India for approval on April 22, 2013. Subsequently, the bill was referred to the Parliamentary Standing Committee on Science, Technology, Environment and Forests. On June 11, 2013, the standing committee sent a notice seeking comments on the proposed bill from the stakeholders. Pending parliamentary approval of the BRAI, India’s regulatory mechanisms continue to be governed by the EPA 1986 and the Rules of 1989.
Bt cotton is the only GE crop approved for cultivation in India.
c. Field Testing
The GEAC is responsible for approving all field trials on the recommendation of RCGM. In 2008, the GEAC adopted an “event based” approval system, reviewing the efficacy of the event/trait, and focusing on biosafety, particularly on environmental and health safety. Before any GE event can be approved for commercial use, it must undergo extensive agronomic evaluation through field trials under the supervision of an Indian Council of Agricultural Research (ICAR) institution or a state agriculture university (SAU) for at least two crop seasons. Product developers can also conduct agronomic trials in conjunction with the biosafety trials, or do so separately after the GEAC recommends environmental clearance and the GOI gives final authorization.
In early 2011, some state governments objected to authorization of GE crop field trials without state permission. On July 6, 2011, the GEAC amended the procedures for field trial authorization, which now require the applicant (the technology developer) to obtain a “no objection certificate (NOC)” from the relevant state government. Applications that had previously received approval from the GEAC now also require an NOC from the state government before commencing the field trials. Industry sources report that only four states (Punjab, Haryana, Gujarat and Andhra Pradesh) have issued NOCs for GE field trials, which has adversely affected the ongoing GE crop field trials.
The GEAC had permitted field trials for about 10 events in cotton, corn and rice for the Indian crop year 2012/13 (July/June). No new GE crop event trials have been since April 2012, and are unlikely to be approved in time for planting in Indian crop year 2013/14 (July/June). However, some of prior approved events for field trial were given multi-year permission and may be planted in 2013/14 season.
d. Additional Requirement
Once an event is approved for commercial use, the applicant can register and market seeds in various states according to the provisions of the 2002 National Seed Policy and other relevant seed regulations specific to each state. Following the commercial release of a GE crop, the Ministry of Agriculture, together with the various state departments of agriculture, monitors field performance for 3-5 years.
e. Stacked Events
For approval purposes, a stacked event, even if consisting of already approved events, is essentially treated as a new event.
The GOI has no specific regulations on coexistence of GE and non-GE crops. On January 10, 2007, the GEAC decided against allowing multi-location GE crop field trials in basmati rice growing areas, particularly in the states of Punjab, Haryana and Uttaranchal.
In March 2006, the Ministry of Health and Family Welfare issued a draft amendment to the 1955 Prevention of Food Adulteration (PFA) Rules, extending a labeling requirement to “Genetically Modified foods”. The FSSAI has been consulting with various stakeholders on the draft amendment to consider labeling options under the new Food Safety and Standard Act 2006, but no decision has been taken on labeling of GE food products to date.
On June 5, 2012, the Department of Consumer Affairs (DCA), Ministry of Consumer Affairs, Food and Public Distribution, issued notification G.S.R. 427 (E) amending the Legal Metrology (Packaged Commodities) Rules, 2011, effective January 1, 2013, which stipulates “every package containing genetically modified food shall bear at the top of its principal display panel the word “GM.” The DCA stated that the “GM” labeling requirement is for consumers’ right to know. Industry sources report that there has been no enforcement of the labeling requirement by DCA. As the FSSAI is still in the process of establishing labeling regulations for GM foods, the future status of the DCA GM labeling regulation remains uncertain.
h. Trade Barrier
On July 8, 2006, the Ministry of Commerce and Industries issued a notification specifying that all imports containing GE products must have prior approval from the GEAC. This directive requires a GE declaration at the time of import. In 2006, the MOEF published the Procedure for GEAC Clearance for Imports of GM Products.
Industry sources report that the procedure for GEAC clearance for import of GE products is very cumbersome and effectively prohibit imports. Nevertheless, on June 22, 2007, the GEAC granted permanent approval for importation of soybean oil derived from glyphosate-tolerant soybeans for consumption after refining. No other GE food products, bulk grains, semi-processed or processed foods are currently authorized for import.
The import of GE seeds and planting material is also regulated by the 2003 “Plant Quarantine Order (PQO Regulation of Import into India),” which came into force in January 2004. The PQO regulates the import of germplasm/bioengineered organisms/transgenic plant material for research purposes. NBPGR is the authorizing authority for issuing import permits.
i. Intellectual Property Rights
In 2001, India enacted the Protection of Plant Varieties and Farmers’ Rights Act to protect new plant varieties, including transgenic plants. The Protection of Plant Varieties and Farmers’ Right Authority (PPVFRA) was established in 2005, and to date has notified 57 crops species for registration, including Bt cotton hybrids.
j. Cartagena Protocol Ratification
On January 17, 2003, India ratified the Cartagena Protocol on Biosafety, and has since established rules for implementing the provisions of the articles. A Biosafety Clearing-House (BCH) has been set up within the MOEF to facilitate the exchange of scientific, technical, environmental and legal information on living modified organisms (LMOs). The GEAC has the responsibility of approving trade of GE products, including seed and food products. India has traditionally advocated strict liability and redress to the trans-boundary movement of LMOs, a position that could complicate the movement of Bt cotton seed to neighboring countries.
k. International Treaties/Fora
In Codex Alimentarius discussions, India has supported mandatory labeling of GM foods, requiring a clear declaration whenever food and food ingredients contain genetically modified organisms.
l. Related Issues
m. Monitoring and Testing
The Ministry of Agriculture does monitor the approved GE crop events for three years for agronomic performance and environmental implications. However, there is no regular monitoring program for GE food products. However, in case of reports of an unapproved GE food product in the market, the food safety in the state governments can draw samples for testing at various government and private food testing labs with facilities for identifying events.
n. Low Level Presence
India has a zero tolerance policy for unapproved GE food and crop events.
CHAPTER 2: ANIMAL BIOTECHNOLOGY
PRODUCTION AND TRADE
a. Biotechnology Product Development
In India research on animal biotechnology is in its infancy, except for some success in animal cloning.
On February 6, 2009, scientists of the National Dairy Research Institute delivered the first cloned buffalo heifer calf through the advanced hand guided cloning technique, but the calf died shortly after birth. Subsequently, two cloned heifer calves were born on June 6, 2009, and August 22, 2010, and a bull calf was born on August 26, 2010. While the second cloned heifer died two years later, the third heifer and the cloned bull calf are alive. On January 25, 2013, the cloned heifer calved after being bred by a progeny tested bull. On March 9, 2012, scientists from the Sher-e-Kashmir University of Agricultural Sciences and Technology at Srinagar claimed to have delivered a cloned Pashmina goat by the same cloning technique. Scientists from NDRI reported that the cloning research is still experimental and it may take another 3-5 years before they can standardize the technique for commercial production.
Most animal biotechnology research is focused on the genomics of important livestock, poultry and marine species for identifying genes for heat/cold tolerance, disease resistance and economically important production factors. The bovine genomics program focuses on characterizing and identifying genes for heat tolerance, disease resistance, and economic factors like duration between calving, length of lactation, and milk yield. The genomics studies can be subsequently used in breeding programs for incorporating important traits through traditional breeding or future genetic engineering.
Most animal biotechnology research is conducted by public sector research organizations like ICAR institutions, Council of Scientific and Industrial Research (CSIR) institutions, state agricultural universities and other research organizations supported by the DBT.
b. Commercial Production
As yet India does not commercially produce GE animals, including cloned animals or products derived from GE animals for commercial production.
c. Biotechnology Exports
d. Biotechnology Imports
Currently India does not allow imports of any GE animals or products derived from GE animals.
The EPA 1986 also governs the research, development, commercial use and imports of GE animal and animal products. Research on cloning of animals and genomic research on animals does not come under the purview of EPA. Currently there is no regulation of commercial production or marketing of cloned animals.
b. Labeling and Traceability
India does not regulate labeling or traceability of GE animals and products, including cloned animals.
c. Trade Barriers
The trade barriers applicable to plant products are also applicable for animal GE products.
d. Intellectual Property Rights
There are no specific regulations on IPR for GE animals.
e. International Treaties/Fora
Post is not aware if India has taken any position on GE animals in international fora