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The Delhi High Court today issued notice on a plea challenging the notification of the Government allowing import of 12 lakh metric tonnes of crushed and de-oiled genetically modified (GM) soya cake without seeking the approval of the Genetic Engineering Appraisal Committee (GEAC).

The division bench of Chief Justice DN Patel and Justice Jyoti Singh was hearing a plea filed by Dattaguru Farmer Producer Company Limited representing 200 farmers.

The petitioner Association has challenged the Notification dated 24th August, 2021 issued by the Ministry of Commerce and Industry, Government of India “insofar as it grants relaxation of applicability of provision in Para 6(b) of General Notes Regarding Import Policy Schedule - I (Imports) of the ITC(HS) 2017, Schedule - I (Import Policy) to allow import of 12 Lakh Metric ton of crushed and de-oiled GM soya cake (only Non-living organism) under lTC HS codes 23040020 and 230400030 from Nhava Sheva (INNSA 1) port and LCS Petrapole (INPTPB) till31 st October 2021 or until further orders whichever is earlier.”

The Association has said that approval of the GEAC, which is the apex statutory body for any activity concerning GMOs or LMOs, "is mandatorily required as per the Rules for the Manufacture, Use, Import, Export & Storage of Hazardous Microorganisms, Genetically Engineered Organisms or Cells, 1989" as also as per the Policy, 2020.

However, contrary to the Rules, 1989 and the mandatory requirement of prior approval under Rule 4(4), the Ministry of Consumer Affairs, has unilaterally, without any basis, concluded that import of soya de-oiled cake or meal will not be subjected to the Schedule 1 of GEAC import policy approval under Ministry of Environment, Forests & Climate Change (MoEFCC) as it is a non-living organism. Further the Ministry has also while relying on the remark of the FSSAI that anything which is non-food (not consumed by humans) is not within the ambit of Food Safety and Standards Authority of India (FSSAI) Act, 2006 concluded that animal feed is not regulated by FSSAI.

It has been submitted that the Ministry of Commerce and Industry has no power, statutorily or under any Rules or any Policy to permit import of genetically modified material, without the prior approval of GEAC.

On Department of Animal Husbandry and Dairy’s stand that the stated commodity does not contain any living modified organism, the petitioner has submitted that a non-living organism is a dead cell, something which cannot multiply. Only because a substance is a non-living organism does not take away from it the harmful effects of GM material.

The petitioner stated that the argument that since soybean meal is a non-living organism, it cannot be harmful, or will not carry the harmful protein from Genetically Modified soybean, is completely misplaced and factually wrong. Soybean meal is 46% protein from GM soybean and huge traces of GM material remain in the meal. Additionally, it may carry traces of glyphosate, a known carcinogen.

 Moreover, it has been argued that the Department of Animal Husbandry and Fishery has not conducted any assessment on whether the stated commodity contains living modified or non-living modified organism before communicating its No Objection to import to the Ministry of Commerce and Industry.

The petition has been filed through Advocate Priya Rao.

Case Title: Dattaguru Farmer Producers vs UOI and Ors