Tag Archives: bill

Body goes to court over Kenya’s Biosafety Bill

 
Body goes to court over Kenya’s Biosafety Bill

A Kenyan Non-governmental organisation has gone to court to contest the enactment into law the Biosafety Bill 2007 meant to regulate activities of genetically modified foods (GMOs) in the country.

The NGOn contests that genetically modified foods would have health effects on the people and the country should not be allowed to pass into the law the Biosafety Bill 2007.

Africa Nature Stream, together with a group of 13 people have opposed the Bill Published by the Minister for Science and Technology Dr Noah Wekesa for enactment as an Act of Parliament to regulate the activities of modified organisms and further establish the National Biosafety Authority.

 
The ultimate objective of the Bill, the aggrieved organisation says, would be to make genetically modified organisms available for sale in the Kenyan market, saying, despite the fact that biological technology have dramatically increased, Kenyan scientists have no capacity to alter the genetic composition of organisms by mixing genes in the cellular and molecular level in order to create new breeds of plants for human and animal consumption.

The production, sale and trade of genetically modified organisms and food remains controversial issue across the world owing to the risk they pose to human and animal health, environmental concerns, cultural and religious consideration” they say in their suit papers.

The petitioners aver that the GMOs have been known to cause various diseases which include Cancer, cardiovascular disease, Diabetes, Chronic Fatigue, mental disorder among other diseases.

It is the contention of the applicants that the GMOs seed are unnatural, laboratory made and modified which consists of combined genes of different species that include animal and human genes combined together scientifically to produce the seed.

The applicants have submitted to the court that GMOs are patented and registered and owned for marketing by multinational companies who distribute them to the world market while knowing the health hazard they pose to both human and animals.

The applicants’ lawyer Kibe Mungai has argued that countries like USA, European Union, Canada, Japan, Russia, and Asia farmers have refused to plant the seeds and even consume food stemming from the GMOs.

Insurance companies all over the world have also rejected to issue insurance cover to GMOs trade, farming, consumption and transporting anything to do with plants or seeds that are genetically modified.

It is the applicants’ case that poor Africa and Asian nations who have no capacity to assess the risk of GMOs have been turned by Americans corporations into frontiers for production and sale of GMOs seeds.

In Kenya, the Ministry of Agriculture has been turned by the multinational companies to use government institution such as Kenya Agricultural Research Institute (KARI), local Universities and Kenya Seed Company to illegally distribute GMOs seed to farmers who are unaware of the risks and environmental hazard.

Mungai argued that the multinational corporations have implored the third world countries to embrace GMOs and while the citizen from Western states are being encouraged to consume natural and organic foods, thus making the market of such foods very lucrative and is on the rise.

“The Biosafety Bill 2007 is merely a smokes screen because even before it is enacted KARI, KEPHIS and other government agencies are distributing GMO foods, seeds and crops without laboratory test reports from respective countries and owners of the said foods and crops without disclosure or details about the combination of the genes used to produce each relevant crop” the applicants argue.

The applicants aver that they will be demonstrating during the hearing of the application inter parties, that Kenya has no facilities to detect and screen GMO Maize, Wheat, and Plants and Seeds when consignments are off-loaded at the port of Mombasa.

The government has no authority to prescribe food preferences to Kenyans which will interfere with their human rights by forcing them to use GMOs seeds and crops without their approval, saying that the action is criminal and unconstitutional and a violation being committed against 34 million people living across the country.

The Bill is now on second reading in Parliament and a cross section of MPs are determined to have it passed and thus grant GMOs stakeholders and other vested interests an opportunity to market and sale the seeds and crops to innocent citizens.

The presiding court has also pointed out that the application by the Non governmental organisation indeed raises very serious constitutional matters which would be determined and will serve as test case.

Source: Africa Science News Service
by John Osoro
05 February 2008

California State Assembly Approves GMO Bill

 
California State Assembly Approves GMO Bill

AB 541, which could become California’s first state law protecting farmers from the hazards of genetically engineered crops, passed out of the full Assembly on January 29 with a vote of 49-12. It has the support of the California Farm Bureau as well as California Certified Organic Farmers, Community Alliance with Family Farmers, the National Farmers Union and many food safety and environmental organizations.

Introduced by Assembly Member Jared Huffman (6th AD) early in 2007, the bill was held over in the Agriculture Committee in April. Since then, AB 541 has been scaled back to address two provisions related to farmer protections.

AB 541 will enact protections for California farmers against frivolous lawsuits that intimidate and harass those who have not been able to prevent the inevitable – the drift of genetically engineered pollen or seed. It will level the playing field for farmers accused by agricultural biotechnology companies and other patent holders of contract violations, and discourage the practice of biotech companies sampling crops without explicit permission from farmers and prosecuting based on unverifiable testing results.

Specifically, the newly amended bill would provide for:

 
* Protection from patent infringement lawsuits for farmers unknowingly contaminated by GE crops. Currently, farmers with crops that become contaminated by patented seeds or pollen have been the target of such lawsuits without clear recourse or*
The establishment of a mandatory crop sampling protocol to be used by patent holders when investigating farmers they believe may have violated patents or seed contracts. This protocol would require the farmer’s written permission for sampling, and provide for a state agriculture official to accompany the patent holder during the sampling and collect duplicate samples for independent verification if requested by either party.

“I am very pleased that the stakeholders on this issue have found a way to address one of the issues related to genetic contamination of crops,” says Assembly Member Huffman. “While there is still work to do on other issues concerning genetically engineered food, AB 541 would be an important step in establishing basic protections for California’s farmers.”

The original bill included several other elements, including the establishment of the country’s first system of notification for the locations of GE crops; the confinement of experimental pharmaceutical-producing crops to greenhouses to protect the food system from contamination; and, legislative clarity that the GE crop manufacturer is liable in the event of contamination, and not farmers.

“While AB 541 as currently amended represents only a small piece of what our stakeholders identify as issues to be addressed, we think this represents a move in the right direction,” says Renata Brillinger, director of the Genetic Engineering Policy Project, the 13-member coalition of organic and conventional farmers, food industry, environmental, and faith organizations sponsoring AB 541.

The bill will now move to the Senate for consideration.