FOE Briefing: Illegal GM Food

Illegal GM Food

Briefing

November 2000

Illegal GM foods
FOE Food testing in the UK

Introduction

Friends of the Earth (FOE) has tested a small number of foods bought in the UK and has identified the presence of genetically modified maize varieties that have not been approved in Europe. This research follows similar testing by FOE in the United States which found the unapproved maize 'Starlink' in taco shells. This led to an unprecedented recall of millions of packets and the removal of US approval for the GM maize. This briefing describes the results of the UK testing and the maize varieties found.

What food was tested

FOE bought a variety of foods that commonly contain maize, ranging from tortilla chips and taco shells to corn flakes and polenta. In total twenty UK products were tested.

The foods were sent to one of Europe's top laboratories, GeneScan in Germany to look for GM maize which cannot legally be sold in Europe. They analysed the foods using Polymerase Chain Reaction (PCR) scanning firstly for Monsanto's GM maize 'GA21' and then for other unapproved varieties. They did this by looking for the novel '35s/BAR' gene and when results for this gene were positive, further PCR scanning was used to identify the exact GM variety.

Illegal GM ingredients found

Tortilla Chips

Product	Purchase details	Monsanto GA21
Asda own- brand	UK 12/10/00	.
Safeway own- brand	UK 12/10/00	.
Phileas Fogg Authentic	UK 17/10/00	.

Of the 20 samples, positive identification of illegal GM ingredients were found in 3 products - over 10%. The GM variety identified was Monsanto's GA21 'Roundup' maize. Traces of another illegal GM variety, Dekalb DBT418, were also found close to the level of detection in a further three products - Sainsbury's and Tesco's own brand tortilla chips and Phileas Fogg Nacho Cheese tortilla chips. Neither GM maize has been approved for consumption in Europe, although they are grown in the United States.

Genescan told FOE that as yet there is no test to calculate how much GA21 maize is present in the samples. The DBT418 was only present in trace amounts.

Monsanto GA21 maize

Monsanto's GA21 maize is resistant to their herbicide glyphosate, which Monsanto markets as Roundup. It has been engineered with a mutated maize gene which also contains DNA from rice, sunflower and the bacteria Agrobacterium. The maize has one full and two partial copies of this gene. The novel protein produced is similar (~80% similarity), but not the same, to the one found in unmodified maize. It is produced in the GM maize at a level 10 times that of the naturally occurring (unmutated) gene.1 2

According to the EU's Scientific Committee on Plants (SCP), the novel protein has been tested on mice and the whole grain has been used in a chicken feeding study.

Legal situation
Monsanto's GA21 maize is not approved in Europe. Before GM crops can be sold in the EU they must obtain both a marketing approval and a 'novel food' safety approval. GA21 has neither.

Applications for EU marketing approval of this maize were made by Monsanto in 1997 and 1998. In September 2000 the EU's Scientific Committee on Plants produced an opinion on GA21, in which they stated that “there is no evidence to indicate that the placing on the market of the modified maize (Zea mays) line GA21 with tolerance to glyphosate herbicide is likely to cause any adverse effects on human heath and the environment”. However, member states have yet to decide whether they agree with this opinion, and approve GA21 for sale.

In 1998, Monsanto made an application for Novel Foods safety approval (through the Netherlands). It is this which determines whether a GM crop is considered safe for consumption in Europe. When the UK's advisory committee on GM foods (The Advisory Committee on Novel Foods and Processes - ACNFP) looked at Monsanto's application in March 2000, they concluded that there was insufficient information on whether or not the novel protein in GA21 could cause allergies.3 The EU's top committee on GM foods, the Scientific Committee on Foods (SCP) was asked to look at GA21 in June 2000 but they have not yet produced an opinion.
According to a leaked report from Monsanto, seven European countries have objected to the Novel Food application for GA21 - Austria, Belgium, Denmark, Greece, Ireland, Italy and Sweden.4

Dekalb DBT418

The other illegal GM maize found in the foods tested is DBT418. This GM maize contains novel genes which make it resistant to insect pests and tolerant of the herbicide glufosinate, and it also contains four genes for resistance to the antibiotic ampicillin. The company which made it, Dekalb, is owned by Monsanto. The GM maize is marketed in the US as 'Bt Xtra'.

The GM maize resists insect pests by producing a novel protein called CRY1Ac Delta-Endotoxin and production of the novel PAT protein allows it to break down the herbicide. These proteins are produced in the grains.

No application for food safety approval of DBT 418 has been made in Europe. Dekalb did apply for permission to market this maize in 1997. But when the UK's advisory committee on GM foods (the ACNFP) considered the application in 1998, they stated that they could not agree to the marketing of it for animal feed. This is due to the presence of four resistance genes for the antibiotic ampicillin, and the fact that the genes contained structures which could allow them to be used by bacteria in the intestines of livestock unless they were completely broken down by processing.5

At the end of 1998, the EU's scientific committee on plants was asked to look at the safety of Dekalb's GM maize, but in March 1999, before they had published an opinion, Dekalb's application for marketing approval was withdrawn.

Who's liable?

There is no specific liability regime for GM foods and crops. It remains unclear who should shoulder the responsibility for marketing the illegal GM foods. Is it the importer of the maize, the farmer, the processor, retailer or the biotech company Monsanto? Until a specific liability regime is in place then this situation will remain unclear. FOE firmly believes that biotechcompanies should be made liable for their products.

Urgent Action needed now

It is clear that action is needed to stop the illegal GM foods being sold in the UK. A complete system of traceability based on proper segregation is needed to avoid contamination of food and uphold consumer choice.

FOE recommends that:
*    food retailers remove all illegal foods from sale.
*    immediate action by food manufacturers to ensure that their products are GM-free
*    all shipments of maize, soya and oilseed rape coming into Europe from countries known to grow GM crops to be tested and fully-certified as GM-free at port
*    a full criminal investigation is carried out by the appropriate authorities
*    sufficient resources given to the appropriate enforcement authorities such as Trading Standards
*    a specific GM liability regime is introduced at an EU level that channels liability to the biotech companies.

Further Information

Further information on the issues and events surrounding
GM crops is available on our website: www.foe.co.uk

The Real Food Campaign
Friends of the Earth
26-28 Underwood Street
London
N1 7JQ

Tel 020 7490 1555
Fax 020 7490 0881
Email: info@foe.co.uk

References
1. Monsanto “Application for consent to market grain and derived products from Roundup Ready maize line GA21 and its progeny”. C/GB/97/M3/2

2. SCP “Opinion of the SCP on the submission for placing on the market of genetically modified maize (zea mays) line GA21 with tolerance to glyphosate herbicide notified by Monsanto” September 2000.

3. Food Standards Agency. www.foodstandards.gov.uk/maff/archive/food/novel/p q585att.htm

4. Monsanto Regulatory Affairs + Scientific Outreach Monthly Summary May and June 2000. Leaked to Genewatch UK.

5. ACRE Index of Public Register Entries for notification to market GMOs under Directive 90/220/EEC