Second Submission on the Proposed National Organic Standard
14 July 2023
This second submission, represents the collective views of the organic sector.
To: Ministry of Primary Industries
Date: 14 July 2023
Thank you for the opportunity to make these further submissions on the draft National Organic Standard. We appreciate the consultation process that MPI has followed and welcomed the opportunity for a detailed discussion on the definition of Genetically Modified Organisms onMonday 10 July.
This submission will focus on the Principles and Definitions that OANZ submits need to be included in the Standard. Many of OANZ’s member organisations will also file submissions that will focus on some of the detailed wording in the technical provisions of the Standard and OANZ supports those submissions.
Principles
OANZ acknowledges that in drafting the Principles section of the Standard MPI have endeavoured to capture many of the themes running through the IFOAM Principles. Our preference however is still to use the IFOAM principles because they:
● Capture the important concepts simply;
● Are easily understood;
● Are universally accepted by the international organic community;
● Have stood the test of time.
● Will aid the interpretation and application of the Standard.
For ease of reference we set out the principles again here:
The Principle of Health
Organic production should sustain and enhance the health of soil, plant, animal and human as one and indivisible.
The Principle of Ecology
Organic production should be based on living ecological systems and cycles, work with them, emulate them and help sustain them.
The Principle of Fairness
Organic production should build on relationships that ensure fairness with regard to the common environment and life opportunities.
The Principle of Care
Organic production should be managed in a precautionary and responsible manner to protect the health and well-being of current and future generations and the environment.
OANZ welcomes the concept of recognition of traditional Māori values in the draft Standard. The words used however have potentially far reaching effect given that pursuant to 1.3 Operators “must take into account the following organic principles...”
In the time available to respond to the draft Standard, OANZ has not had sufficient time to seek and obtain a consensus from its membership on the wording put forward. Ideally there would have been wide discussion across the sector on how best to reflect these values given that they have to fit into an enforceable regulation.
OANZ does understand the time constraints MPI is under but firmly believes that some further time is needed to seek consensus on this aspect of the Standard.
Definitions
OANZ still considers that a definition of “organic” is important for the purposes of the National Standard. We understand that the Organic Products and Production Act does set out a definition of an“organic product” as follows:
“S9 Meaning of described as organic
A product, whether or not restricted by an organic standard, is described as organic if its labelling or advertising uses words such as “organic”, “organically grown”, “organically produced”, or “organic standards” that would suggest to a reasonable person that it is organic.”
However, we consider that it is not inconsistent with that definition to include a definition in the Standard that captures the meaning of the term “organic production” as producers and consumers understand it. We submit that the following definition should be included:
Organic production: means a system of production that:
(a) Sustains the health of soils, ecosystems and people; and
(b) Relies on ecological processes, biodiversity and cycles adapted to local conditions, and not the use of inputs with adverse effects.
Genetically Modified Organisms
It is a cornerstone principle of organic production that genetically modified organisms must be excluded.
Producers and consumers alike expect that the National Organic Standard will clearly, explicitly and enforceably exclude GMOs from the organic production chain.
We understand that this is also the situation MPI wants to achieve in the National Organic Standard. However, the draft Standard does not currently achieve that level of protection.
Robust definitions of both GMO and Genetic Modification are needed in the Standard, together with a prohibition on all currently known genetic modification techniques.
The draft Standard incorporates the definition of a GMO simply by referencing the Hazardous Substances and New Organisms Act (HSNO). We consider that this is not satisfactory.
The HSNO Act is legislation of general application. It is subject to modification and change. A change in the definition in that Act that loosens the current constraints on GMO’s in Aotearoa NZ could have serious implications for the organic sector. The prohibitions on certain modification techniques may not suffice to guarantee the protection of organic products from GMO’s.
The draft Standard does set out to deal with known techniques of genetic modification but is not comprehensive and even if it were to include all currently known techniques, any change to the definition in the HSNO Act may allow as yet undeveloped techniques to escape classification as genetic modification and allow them into the organic system.
The only way we can confidently exclude the possibility of GMO’s entering the organic system is with a definition designed for the purposes of this Standard coupled with a prohibition on all the currently known techniques that can be amended easily as new techniques develop. The following are the definitions we propose:
Genetic modification
For the purposes of this standard, genetic modification means a set of techniques to make interventions at the level of the molecular composition of organisms (such as using recombinant DNA and RNA) and through which the genetic material of plants, animals, micro-organisms, cells and other biological or heritable units are altered in ways or with results that would be practically impossible without using those techniques or would be impractical to obtain by methods of natural mating and reproduction or natural recombination. These techniques may also use a combination of materials that accelerate the cellular internalisation of gene altering agents and which would also not occur in nature without human intent.
Techniques of genetic modification include, but are not limited to those that make rapid or extensive changes in the nature of the organism using: recombinant DNA and/or RNA techniques, micro and macro injection, encapsulation, gene deletion and gene/chromosome doubling. In addition and for clarity, methods that target specific genes such as genome editing, base editing, and gene silencing are classified as genetic modification procedures. These can depend on homologous recombination or non homologous end joining, employ nucleases including mega nucleases, zinc finger nucleases (ZFNs), transcription activator-like effector nucleases (TALENs), Cas, or similar, and/or use engineered co-factors such as siRNA or gRNA/gDNA (CRISPR). Genetically modified organisms do not include organisms resulting from techniques such as conjugation, transduction, natural hybridization, and marker assisted breeding, traditional chemical or radiation mutagenesis or cell fusion unless a genetically modified organism was involved in any of these techniques.
Genetically Modified Organism (GMO) – For the purposes of this standard, any organism (e.g., plant, animal, or microorganism) that has been altered by the techniques of genetic modification and descendants and products thereof of such organisms. For clarity, these include but are not limited to: null/negative segregants and any cells, genes, nucleic acids, or other molecules from the organism or heritable material that can, without human intervention, create a character or trait when used to alter another organism or which can be passed on to subsequent generations of the organism, or which may be produced under the protection of intellectual property rights that are secured through a demonstration that the process was distinct from what occurs in nature.
An alternative approach, that we do not favour for the reasons set out above, would be to make the following changes to the prohibitions section (1.4). These are the minimum acceptable changes that need to be made to the Standard to ensure sector confidence and support.
1.4 Prohibitions [previously 3.5]
The following are prohibited for use in organic production and must not be used in products labelled as organic.
1.4.1 Certain production technologies
a. gene technology as defined by Food Standards Code 1.5.2; and
b. techniques to make interventions at the level of the molecular composition of organisms (such as using recombinant DNA and RNA) and through which the genetic material of plants, animals, micro-organisms, cells and other biological or heritable units are altered in ways or with results that would be practically impossible without using those techniques or would be impractical to obtain by methods of natural mating and reproduction or natural recombination. These techniques may also use a combination of materials that accelerate the cellular internalisation of gene altering agents and which would also not occur in nature without human intent.
c. techniques including, but not limited to those that make rapid or extensive changes in the nature of the organism using: recombinant DNA and/or RNA techniques, micro and macro injection, encapsulation, gene deletion and gene/chromosome doubling. In addition and for clarity, methods that target specific genes such as genome editing, base editing, and gene silencing are classified as genetic modification procedures. These can depend on homologous recombination or non-homologous end joining, employ nucleases including mega nucleases, zinc finger nucleases (ZFNs), transcription activator-like effector nucleases (TALENs), Cas, or similar, and/or use engineered co-factors such as siRNA or gRNA/gDNA (CRISPR).
c. irradiation (ionising radiation) other than ionising radiation imparted to food by measuring or inspection instruments; and
d. nanotechnology and nanomaterials in organic production and processing that could compromise the integrity of the organic products is prohibited.
1.4.2 Organisms derived from certain production technologies
a) a genetically modified organism (refer to Hazardous Substances and New Organisms Act 1996)
b) organisms developed using technologies in 1.4.1 a)
c) organisms (e.g., plant, animal, or microorganism) that have been altered by the techniques in 1.4.1 b) and c) and descendants and products thereof of such organisms. For clarity, these include but are not limited to: null/negative segregants and any cells, genes, nucleic acids, or other molecules from the organism or heritable material that can, without human intervention, create a character or trait when used to alter another organism or which can be passed on to subsequent generations of the organism, or which may be produced under the protection of intellectual property rights that are secured through a demonstration that the process was distinct from what occurs in nature.
d) products of organisms developed using technologies in 1.4.1 a) b) and c) and 1.4.2 a), b) and c)
On-going management and monitoring of the National Standard:
The consultation process on the draft National Standard has highlighted the fact that the Standard will be a living document than needs ongoing monitoring and updating. New technologies are likely to challenge permitted practices as well as open doors to new production methods that could be included as organic. There are no specific provisions in the Organic Products and Production Act for that ongoing monitoring. There is provision however for an Organic Advisory Council and currently an interim Council operates on an informal basis.
OANZ considers that it is essential that there is a body charged with maintaining the Standard and the Advisory Council could fill that role. We submit that an Advisory Council be appointed by the Minister at an early stage and that part of its brief should be to maintain the National Standard. This will be particularly important in the early stages after the Standard comes into force and gaps or incompatibilities’ with overseas standards that we are seeking equivalence with, are identified.
CONTACT
For further information, please contact Derek Broadmore, OANZ Advisor
E: derek@estamore.co.nz
T: 027 443 1424