Ronald L. Doering
Counsel
Article
When we look back to when the Canadian Food Inspection Agency (CFIA) opened its doors for the first time in April 1997, it is interesting to reflect on the types of challenges that faced both the industry and the regulators, and how these issues have evolved. A major food safety issue at the time stemmed from the introduction of what came to be known as genetically modified organisms (GMOs).
Foods derived from GMOs, where the organism has had one or more of its heritable traits intentionally manipulated through scientific means, including genetic engineering and gene editing, were coined with the catchy portmanteau “Frankenfoods” by activist groups a term that was later adopted by mainstream media. The introduction of these genetically modified foods was undoubtedly met with uncertainty from consumers, industry and regulators, with questions about the potential risks they might pose. Despite protests from some groups, regulators and scientific organizations continued to assess (and confirm) the safety of genetically modified foods, recognizing the potential for GMOs to address growing concerns about food instability, pesticide use, and inadequate nutrition.
GMOs were introduced to the Canadian marketplace in the mid 1990’s and quickly became ubiquitous with the preponderance of soy, corn, and canola ingredients in our food. With the increased presence of genetically modified foods in grocery stores, governments around the world began introducing regulatory measures surrounding the use, importation and labelling of these foods. The approach varied across jurisdictions, with the Canadian government opting to introduce a voluntary labelling standard for foods that are and are not products of genetic engineering in 2004, in addition to novel food approval requirements.
Notably, the Canadian voluntary labelling standard adopted the terminology ‘genetic engineering’ and not ’genetic modification’, as the latter was determined to be too broad and capture too many foods. Genetically engineered (GE) foods are derived from or contain genetic material that has been changed in a way that does not occur naturally. The goal of the voluntary labelling standard was to help consumers make informed food choices in distinguishing between foods that are and are not a product of genetic engineering, while subsequently maintaining the position that Health Canada found GMOs and GE foods to be safe and nutritious.
With Health Canada consistently deeming GE foods as safe and nutritious on one side, and the consumer apprehension of these foods as well as the desire to make informed food purchases on the other side, the path forward for industry was conflicting. What, at first appeared to be a well-defined concern over food safety became a much more complex issue, with many instances where the regulator and consumers were on opposite sides. Despite the regulatory changes, there was significant consumer confusion and misunderstanding about GE foods.
Today, GE foods continue to not be subject to mandatory labelling in Canada – they are simply labelled in the same way as any other food. Health Canada recently introduced a new, voluntary transparency Initiative for gene-edited plants developed for food use. The goal of this initiative aligns with the voluntary labelling standard: to provide Canadians with information on gene-edited plant products that may be used as food in the Canadian market, and to help enhance public trust in GE foods and the regulatory system surrounding their use. However, it remains to be seen if this will clear up consumer confusion, or if this has only created further problems for industries and farmers down the road, when dealing with transparency in the marketplace.
This article originally appeared in Food in Canada and is republished with the permission of the publisher.
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