To,

Shri Amandeep Garg,

The Chairperson,

Genetic Engineering Appraisal Committee,

Ministry of Environment, Forest & Climate Change,

Indira Paryavaran Bhavan, Jor Bagh, New Delhi.

Email: agarg@ias.nic.in

Shri G Kamala Vardhana Rao,

The Chief Executive Officer,

Food Safety & Standards Authority of India.

Email: ceo@fssai.gov.in

Shri Santosh Kumar Sarangi,

Additional Secretary & Director General,

Director General of Foreign Trade,

Ministry of Commerce & Industry.

Email:dgft@nic.in

Sub: Urgent action needed on illegal GM Maize found in commercially-sold processed food and unprocessed maize grains in India – reg.

This is to bring to your urgent notice a peer reviewed published paper by scientists in the Department of Food Biotechnology, National Institute of Food Technology, Entrepreneurship and Management – Thanjavur (NIFTEM-T): https://www.sciencedirect.com/science/article/abs/pii/S2949824424002258 (full paper attached here). The research paper shows evidence of illegal GM Maize in commercially sold processed food and unprocessed maize grains in India.

The study used ATR-FTIR and PCR based approaches for detecting GM maize. Out of 34 maize samples analysed by PCR, 15.39% were found to be GM Maize positive. ATR-FTIR spectroscopy showed that 20% of the maize grains had more functional group and area similarities with standard GM maize.

The study indicates that the GM maize sample (WS3 as labelled in study) latitude longitude coordinates were collected from near Swami Muthayan Stadium, Muthaiyan Kovil Street, Korathakudi, which is one hour from Kumbakonam, Tamil Nadu. Apart from the evidence of illegal GM Maize cultivation, the study also shows evidence of GM Maize in processed foods.

We have in the past brought to the notice of regulators instances of illegal cultivation of HT Bt cotton (first reported more than 15 years ago), Bt brinjal (in Haryana more than 5 years ago, proven through lab testing also)[1] and GM soybean (in Gujarat more than 7 years ago, confirmed through lab testing) [2] and found only lackadaisical response. A letter to the state government is all that one gets from the apex regulatory body, whereas we expect active surveillance mechanisms to be put into place as a deterrent to prevent recurrences. We have also asked for each incident to be investigated thoroughly to plug the gaps in regulatory mechanisms with relation to illegal transboundary movement of GMOs/products thereof as well as leakages from experiment sites. No liability has been fixed in any incident so far either. This has put India’s biosafety and biosecurity at jeopardy. Union Government’s investigation regarding foreign involvement and pressure from a global investment bank for promoting illegal GM crop cultivation in India seems to have been brought to a halt too with no updates from the last 5 years. [3]

Beginning on March 1, 2021, FSSAI had mandated a GM-free certificate and non-GM origin certificate to import 24 food crops into India including for Maize (Zea mays). However, the current study shows that this order might be getting flouted, if the GM maize grain detected is a clandestine entry through the illegal import route. In any case there is a need for FSSAI to strengthen the threshold for GM presence from 1% to 0.01% as labs in India have testing capabilities for 0.01% threshold of GM presence.

The GM maize grain could also have been from leakage/contamination of GM maize field trials allowed in India or from the GM maize seeds allowed for storage by GEAC. It is not clear how GEAC is keeping a strict watch on seed stocks with the crop developers.

We have also written in the past to DGFT on import of seeds, grain, feed and processed food under the Foreign Trade (Development & Regulation) Act, regulation exists for GM imports (notified in 2007). The extant statutory notification lays down that no GM imports can take place into India, without the approval of competent authorities like GEAC and without an explicit declaration at the time of import. India has been importing maize seeds from countries such as the USA which has 90% of its maize being of GM variant! There is also a need to resist pressure from US directly [4] or via Dept of Animal Husbandry and Dairying to import GM feed in India too.

This is a major violation of statutory rules, regulations, guidelines and directions of both Environment Protection Act 1986 and Food Safety & Standards Act 2006. The Coalition for a GM-Free India now writes to you to call for the following actions from MoEFCC, DGFT and FSSAI immediately in conformity with your statutory mandates:

MoEFCC, FSSAI and DGFT should immediately –

1. trace the origin of the illegal samples detected, and fix liability on concerned crop developers and importers immediately.

2. all products that contain GM maize to be immediately withdrawn from supermarket and retail shelves.

3. order the removal of other “strongly-suspected-to-be-GM” (from GM producing countries, with ingredients that are known to be grown predominantly in their GM variant in those countries and for crops for which GM variants exist in other countries) unless the food brand/importer shows a lab-based declaration that such foods are GM-free.

4. DGFT must organise a meeting of representatives of all concerned agencies along with representatives from civil society to brainstorm about what mechanisms need to be put into place to make the Ministry of Commerce’s regulatory notifications related to GM meaningful in their implementation. Such a meeting should have representatives of Genetic Engineering Appraisal Committee (GEAC) from the Ministry of Environment, Forest & Climate Change, Customs from Revenue Department of Ministry of Finance, Plant Protection & Quarantine Services division and EXIM Committee for exports and imports of seeds and planting materials of Ministry of Agriculture & Farmers’ Welfare, Review Committee on Genetic Manipulation (RCGM) of Department of Biotechnology (DBT), Department of Consumer Affairs and their Director of Legal Metrology, Food Safety and Standards Authority of India (FSSAI) official etc. Civil society representatives can include representatives of Coalition for a GM-Free India, Bhartiya Kisan Sangh, Navdanya, Gene Campaign, Swadeshi Jagaran Manch, Bhartiya Kisan Union etc.

5. effective mechanisms (technical and institutional) must be put in place for random testing from all  import consignments from USA, Brazil, Argentina, Australia, South Africa, Spain, Philippines, Canada etc., of product lines for which GM-free certificate requirement is sought by FSSAI. These mechanisms should also address the matter of mid-sea or transit country shipments, by placing a focus on the country of origin.

6. no viable seeds/planting material should be allowed at any cost, of the 24 crops listed in the FSSAI order for GM-Free certification requirement as well as any other GM crops approved in any country, from any part of the world. Additionally, since field trials of various transgenic crops are taking place which are routinely found to be contaminating export consignments, it is important to make sure that seeds of all other crops are also randomly checked to ensure that no clandestine imports of GM contaminated material is being brought in. All seeds should also be de-vitalised where explicit permission for seed import is not given.

7. strengthen adventitious GM presence threshold for food crops to be GM free from 1% to 0.01% in imported commodities

8. In addition to grains, FSSAI must also be asking for a GM-free certificate on processed foods containing those ingredients to be provided before allowing for import of these.

9. list of crops requiring GM-free certification must be increased from the 24 to add other crops also – for instance, banana.

10. conduct a thorough investigation in all maize growing areas across India to determine whether any other GM maize samples will also test positive, and the extent of contamination and illegal activity with regard to GM maize.

11. conduct a thorough investigation with regard to food products having maize and assess the extent of contamination with GM maize in a more comprehensive fashion.

12. put pro-active surveillance mechanisms in place to ensure that such a surveillance acts as a deterrent to prevent future clandestine imports/leakages.

13. bring forth rules urgently to make the crop developers statutorily liable for any violation in the regulatory regime. For liability to be fixed in an event-specific manner, all labs to be equipped with the event-specific detection protocols that are technically supposed to be deposited with GEAC by applicants and researchers.

Sincerely,

Kavitha Kuruganti

Co-Convenor,

Coalition for a GM-Free India

Phone: 8880067772

Copy to –

1) Hon’ble Minister & Secretary, MoEF&CC

2) Hon’ble Minister & Secretary, MoHFW

3) Hon’ble Minister & Secretary, Ministry of Commerce and Industry

[1] https://www.downtoearth.org.in/agriculture/bt-brinjal-activists-slam-regulatory-body-for-inaction-against-illegal-cultivation-64978

[2] https://www.downtoearth.org.in/agriculture/illegal-gm-soybean-farmers-body-demands-cbi-probe-into-geac-inaction-59850

[3] https://archive.ph/2024.11.02-025450/https://www.thehindubusinessline.com/economy/agri-business/htbt-cotton-seeds-sale-agencies-investigate-role-of-a-global-investment-company-and-international-seed-companies/article30492096.ece

[4] https://iowacapitaldispatch.com/2024/10/02/iowa-leaders-to-continue-building-trade-relationships-with-india/