Archived press release

Legal challenge warning on GM maize

21 February 2004

Friends of the Earth today warned that it would consider a legal challenge if the Government pushes ahead with the decision to force through Chardon LL GM maize for commercial growing in the UK. The environmental organisation said the GM maize has not been rigorously assessed for its proposed uses and could pose a risk to human health and the environment.

Scotland and Wales have the power to block any seed listing for T25 Chardon LL maize for the whole of the UK as any decision to place a seed on the National List of Varieties must be agreed by all four administrations. Friends of the Earth previously obtained a detailed legal opinion setting out the power of the Welsh Assembly to block seed listing [1].

But if the Government decides to add Chardon LL to the National List then members of the public (including Friends of the Earth) would still be able to take the matter to the national Plant Varieties and Seeds Tribunal.

Before a seed can be approved for the National List it has to be shown to be `distinct uniform and stable' (DUS) and have `value for cultivation and use' (VCU). VCU includes a requirement that it should represent an improvement on existing varieties and not harm people, plants or the environment.

Friends of the Earth has consistently highlighted the poor quality of the scientific evidence used to obtain the marketing consent for T25 maize (of which Chardon LL is one variety), as revealed in the Seed List Hearings [2]. The only feeding study to look at the impact of the feeding animals the whole plant was severely criticised for its poor science - but found that twice as many chickens died after eating the GM crop, compared with the non-GM variety. Other studies using the GM protein failed to show that the crop was safe. No feeding studies were carried out on cattle, the intended recipients of the GM maize [3]. The only proposed use of Chardon LL is as cattle feed.

Friends of the Earth GM campaigner Clare Oxborrow said:

"The British Government must listen to the concerns of the Welsh Assembly, the Scottish Parliament and the British people. This maize has not been shown to be safe and it should not be grown commercially."

T25 Chardon LL maize gained its approval for food use through a 'fast track' route, for which Aventis/Bayer relied on a report produced by the UK's Advisory Committee on Novel Foods and Processes (ACNFP), in 1996. The committee did not even see the chicken study when they gave a favourable opinion. The Chair of another UK Government Advisory group, ACRE, subsequently admitted that the tests were not good enough to adequately assess the risks involved. Had T25 maize been submitted to the current regulatory system, it is unlikely to have been granted approval.

During the course of the FSE, the Government's statutory advisory committee on GM crops, ACRE, decided to review the approval for T25 after serious doubts about the safety of the maize. Despite these doubts, following the FSEs, ACRE gave a partial recommendation to go ahead with GM maize, providing the regulations were tightened.

But Friends of the Earth has also highlighted the irrelevance of the FSE findings, given that the weedkiller used in the non-GM trials (atrazine) has now been withdrawn for use. This means there was no real comparison with alternative maize growing methods, and brings into question the validity of the FSE findings.

What is more, there are concerns that the maize results were artificially optimised and would not be replicated by farmers seeking to maximise yield rather than biodiversity in the FSEs. Bayer, the company responsible for Chardon LL controlled the timing of weed control for GM maize during the trial and yield was not accurately recorded. Delayed applications of herbicide will have allowed weeds to grow in the crop, giving better biodiversity results.

In the United States, evidence from maize growers shows that, on its own, weed control with the glufosinate ammonium (Liberty) used in the FSE is unsatisfactory. Bayer market a widely used product for weed control in maize in the US that also contains atrazine (Liberty ATZ), but this will not be available under the European ban.

Maize is a wind pollinated crop and has been shown to cross pollinate over considerable distances - well beyond the maximum 200 metres in the FSE. Cross pollination is likely to occur regularly, undermining the ability of farmers to produce for the GM-free or organic market. Friends of the Earth is concerned that there is currently no legal framework to protect non-GM and organic farmers from contamination or to establish liability for any damage caused. A Private Members Bill is currently being taken forward by Gregory Barker MP, supported by Friends of the Earth, which would address this legal shortfall [3].

Notes

[1] For the legal opinion itself: www.foe.co.uk/resource/evidence/na_refuse_chardonll_list.pdf (PDF format)

[2] Chardon LL was proposed for addition to the Seed List in 2000 following two years of National List Trials to compare the variety (Chardon LL) with the current conventional maize seeds. More than 220 individuals and more than 60 organisations presented written and oral evidence before a hearing from 2000-2002, objecting to Chardon LL being placed on the Seed List. The Chair of the hearing, Alun Alesbury QC set out his report on the hearing in December 2002.

[3] The GM Bill being put forward by Conservative MP Gregory Barker, supported by Friends of the Earth, would introduce separation distances and times between GM crops and other crops and a strict liability code and liability funds to ensure that if organic or conventional crops are contaminated by GMOs, those affected can be reimbursed for their losses. It will be debated in Parliament on 26th March 2004.

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Published by Friends of the Earth Trust