Herbicide Tolerance



"COURT ORDER PROHIBITS GROWING OF GM SOYA IN BRAZIL UNTIL AUGUST 2000"

June 25, 1999

At a press conference in London last night the Secretary of Agriculture to the Brazilian Government, Mr Turra, confirmed that approval of Monsanto's GM soya had been suspended and that Brazil would remain completely GM-Free for at least the next 12 months.

The implications of the recent court ruling by Federal Court Judge Antonio Souza Prudente had not previously been made clear. The Judge served court orders on The Ministers of Agriculture, Science & Technology, Environment and of Health, on the 18th June `99, prohibiting them from authorising the planting or marketing of GM crops until a full Environmental Impact Study was undertaken. The protracted legal and constitutional requirements of the Environmental Impact Study mean that there is no chance of GM soya being grown before Aug 2000, if it is approved at all. The Federal Court decision was further reinforced last week (30 June `99) when the Brazilian National Council of the Environment issued a statement approving the court decision.

"This is good news for the Brazil and good news for European consumers who want a consistent supply of guaranteed Non-GM and organic soya. Mr Turra also confirmed to us that both the Federal government and each of the state governments would strictly enforce this decision in order to prevent any illegal planting of GM soya by farmers".

Background to visit;
During his visit to the UK Mr Turra has met with British Ministers and attended the Royal Show in Worcester. The object of the visit was to demonstrate the quality of Brazilian produce and to establish business partnerships in the UK. Organic farmers co-operatives from Brazil had accompanied the Minister during this trade visit. At the press conference Mr Turra emphasised the availability of Non-GM soya, organic soya and organic meat from Brazil.

The Court decision;
In a strongly worded opinion defending the principle of precaution, Judge Prudente of the 6th Circuit Court of the Federal Justice syatem states;
"The questions raised by genetic engineering will not be resolved by the laws of market alone, rather they will resolved by the rigorous respect to the legislation which protect life, as established by our laws and Constitution".

The court order determines that:

  1. The sued companies, Monsanto do Brazil Ltda. And Monsay Ltda. Must submit an Environmental Impact Study prior to any approval of the product, in the form determined by Art. 225, IV. of the Federal Constitution, as a pre-requisite for commercial scale planting of Roundup-Ready soy;

  2. The above-mentioned companies are prohibited from marketing genetically modified soybean seeds until such time as the competent public authorities issue technical regulations for biosafety and for labelling of genetically modified organisms;

  3. All commercial-scale cultivation of this product is suspended, until such time as the technical concerns expressed by renowned scientists with regard the possible deficiencies in the analysis by the National Commission on Biosafety (CTNBio) of the administrative petition for deregulation of the product, are duly clarified ;

  4. The sued companies must submit, within ten days, a certificate of Quality in Biosafety - CQB, of Brazils laws on Biosafety (law 8974 of 1995 and Decree 1752 of 1995).

  5. The CTNBio must submit copies of the Curriculum Vitae of all of its members for judicial verification of the qualifications required in the Biosafety laws, as well as copies of all of the documentation in the relevant administrative files;

  6. Requires that the Ministers of Agriculture, Science and Technology, Environment, and of Health by personally served with court orders that they may not authorise the sued companies to engage in the planting or marketing of these products until such time as these judicial requirement are fully met, and suspending any such authorisations which may have been issued to date;

  7. Establishes a fine of 10 minimum wages per day (US$80) if these requirements are not met , to be paid by the infractors, be they public or private;

** NOTICE: In accordance with Title 17 U.S.C. Section 107, this material is distributed for research and educational purposes only. **



Last Updated on 7/12/99
By Karen Lutz
Email: karen@biotech-info.net

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