GPEA’s discovery of illegal GE corn in the corn supply chain in north east China

A summary of GPEA’s discovery of illegal GE corn in the corn supply chain in north east China From May to December 2015, Greenpeace East Asia (GPEA) carried out an investigation into corn production in Liaoning province, one of China’s major corn production areas. The investigation discovered that large quantities of GE corn are being grown illegally in the city prefectures of Shenyang, Jinzhou and Fuxin. 1 It is very likely that much of the illegal GE corn has already entered grain storage warehouses, wholesale and retail markets across the country, ultimately ending up in citizens’ food. This situation in China’s north eastern bread basket is a major cause for concern and indicates that China’s monitoring of GE crops is in need of urgent and comprehensive reform.

I Greenpeace’s major findings 1

Illegal GE corn seeds have already contaminated the seed market In a test on seven samples of corn seeds readily available in the agricultural seed market, six tested positive for traces of illegal GE corn.

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93% of samples of corn taken from fields were illegal GE strains In the period from August to September 2015, random sampling from Heishan County, Xinmin City, Faku County, Zhangwu County and Kangping County showed that 42 of 45 samples, or 93%, contained traces of illegal GE. Of these 100% of samples from Heishan County (7) and Faku County (15) tested positive for GE.

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Illegal GE corn has already entered Sinograin national silos and has begun to circulate in the grain market State owned company, Sinograin, and local private businesses in Heishan County and Xinmin City have failed to test the supplies entering their storehouses for GE contamination.

At the Liaoxi Grains Wholesale Market, all 7 samples tested positive for GE content. Corn from the market is sold on to retailers across the country, and some is exported to countries such as Japan and Korea, and to South East Asia. 2 Of 14 random samples taken from a number of large supermarkets and agricultural markets in the area, 13 tested positive for GE content, including two samples from major international and national supermarket chains in Shenyang city (Carrefour, North Station branch, and RT Mart, Huanggu branch).

The patents of the discovered illegal GE corn strains belong to international companies The discovered illegal GE corn strains included Mon810, NK603, Bt11 and TC1507, all of which are major strains of GE corn on the international market. Currently, China only

The cultivation of GE corn is in violation of China’s ‘Regulations on Administration of Agricultural Genetically Modified Organisms Safety’. See appendix for a more detailed overview of the regulations.

2 http://www.heishan.gov.cn/zuanti/zsyz/typenews.asp?id=469 1

permits the import of such GE strains for the processing of raw materials, but not for cultivation. 3 The patents of the GE corn strains belong to Monsanto, Syngenta, DuPont Pioneer and Dow Chemical. According to available Ministry of Agriculture information, Except for NK603, the import permits of these GE corn strains expired on 20 December 2015.

II Why has illegal GE corn flooded the market?

1 Lax and disorganised supervision of the seed market In China, seeds used for crop cultivation must first be approved and certified by the Ministry of Agriculture. Of the six corn seeds strains which tested positive for GE in this investigation, 3 are not included on the certification list (and therefore should not exist in China) and 3 (Yuanyu66, Changdan39, Yinyu29) are listed as certified conventional (i.e. non-GE) seeds. 4 How the 3 samples of conventional corn seeds become contaminated with illegal GE corn seeds is an issue which is in need of urgent investigation by the relevant authorities.

2 Lax and disorganised management in breeding and sales companies The management of most breeding and sales companies is extremely lax and disorganised. Most companies are aware only of seed codes, but not of names of seeds, locations of seed breeding or whether or not the origins of seeds are legal.

Greenpeace’s investigation also shows that these companies are unable to clarify the quantity of seed production, their distribution or their potential impact on the corn industry. How many other areas of the country are growing illegal GE strains is an issue which is in urgent need of a thorough investigation from the responsible government departments.

III The impact of illegal GE corn 1 Contamination in China’s ‘bread basket’ Once GE crops are released into the environment, gene flow can contaminate non-GE varieties and wild relatives. In the open and densely planted areas of the north eastern plain, plantations of illegal GE corn can easily contaminate on a wide scale.

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For details on the importing of GE crops for use in processed goods, see here (data from 2013): http://www.moa.gov.cn/ztzl/zjyqwgz/spxx/ 4 According to Article 15 of the ‘Seed Law of the People’s Republic of China’, “the measures for the approval of main crop varieties and main forest tree varieties shall be prescribed by competent agriculture and forestry departments of the State Council.”

Yuanyu 66, approved on 30 January 2012. Approval number: Liao Shen Yu [2011], No. 510 Changdan 39, approval registry year, 2005. Approval number: Ji Shen Yu 2005034.

For more details on the approval of Changdan 39 seeds, see Changchun City Agricultural Science Academy website: http://www.ccnky.com/plus/view.php?aid=330 Jinyu 29, approval registry year, 2011. Approval number: Liao Shen Yu [2010] No. 477 ‘Seed Law of the People’s Republic of China’ http://news.xinhuanet.com/food/2015-11/05/c_128394879.htm ‘Measures for the Validation of Key Crop Varieties’ http://www.moa.gov.cn/zwllm/tzgg/bl/200210/t20021018_15781.htm 2

2 Breeding grounds and germplasm resources contamination Illegal plantations of GE corn have a high possibility of contaminating existing corn genetic resources, which would contaminate China’s native high yield and stress resistance conventional crop strains. If these conventional crops were to be contaminated, future generations of farmers in China and agricultural researchers would be restricted by the control of foreign patents.

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An infringement on citizens’ right to know and right to choose According to the third article of ‘Regulations on Administration of Agricultural Genetically Modified Organisms Safety’, any products which contain traces of GE crops must be labelled as such.5 The grain storehouses and production plants in Liaoning province have not carried out any tests for GE. Therefore, it is extremely likely that illegal GE corn has entered the market while avoiding the above legal requirement of GE labelling. This is a major infringement on citizens’ right to know and right to choose.

Currently, GE corn imported into China can only be used as raw material rather than for direct consumption.6 But with the circulation of illegal GE corn, the public are exposed to a far greater risk of consuming GE.

4 Illegal GE corn has entered the processing industry From looking at the distribution of corn, it is extremely likely that illegal GE corn has already entered people’s lives on a large scale. This is particularly likely to have happened via processed foods, starch, alcohol and other food and medical products.

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Impact on industrial safety, food security and sovereignty The illegal GE corn species identified by this investigation have all already received patent authorisation in China.7 Once related species enter the Chinese commercial cultivation, farmers of these species could have to pay much higher prices for seeds, which could raise the cost of agricultural goods and expenses for consumers.

Once commercial cultivation of corn is influenced by international companies’ GE corn, grain prices could fluctuate and national food security and food sovereignty would suffer.

‘Regulations on Administration of Agricultural Genetically Modified Organisms Safety’, the Ministry of Agriculture ordered No. 10 and No. 38 to be revised on 5 January 2002 and 1 July 2004, respectively.

6 http://www.moa.gov.cn/ztzl/zjyqwgz/zswd/201304/t20130427_3446861.htm 7 The patent holders for the Mon810, NK603, Bt11 and TC1507 strains of corn are international companies Monsanto, Syngenta and Du Pont.

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IV Greenpeace East Asia recommendations 1 Conduct a thorough investigation into the origins of illegal GE corn seeds The Ministry of Agriculture and related law enforcement offices should immediately investigate all corn cultivation companies and sellers, crack down on and destroy illegal GE corn seeds, halt GE corn pollution and ensure that illegal GE seeds do not appear on the market.

2 Regularly investigate fields The Ministry of Agriculture should inspect crops across the North China Plain during the sowing season each year. If illegal GE corn crops are detected, the seed origin should be determined. At the same time, farmers should be compensated for their losses.

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The commercialisation of the GE food products industry should be deferred Establish a strict and comprehensive system to supervise GE crop research, breeding and cultivation and punish the illegal research into and breeding and cultivation of GE crops.

Improve information transparency by establishing a system for public engagement in the issue of GE. Ensure the public are able to practice their right to know and right to choose.

Avoid the blind acceleration of the commercialisation of the production of GE crops, especially of staple foods. Avoid losing control of the supervision process, which could lead to irreversible damage.

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Appendix: The laws concerning the cultivation and circulation of GE corn

1. ‘Regulations on Administration of Agricultural Genetically Modified Organisms Safety’, Article 19: A production license shall be obtained for the production of genetically modified seeds, breeding livestock and poultry, or aquatic fry and seeds from the competent agricultural administrative department of the State Council.8

2. ‘Regulations on Administration of Agricultural Genetically Modified Organisms Safety’, Article 21: Any unit or person engaged in the production and processing of agricultural genetically modified organisms shall obtain approval from the competent agricultural administrative department of the State Council or the competent agricultural administrative department of a province, an autonomous region and a municipality directly under the Central Government. The specific measures are to be formulated by the competent agricultural administrative department of the State Council.9

3. ‘Regulations on Administration of Agricultural Genetically Modified Organisms Safety’, Article 26: Any unit or person engaged in the production and processing of agricultural genetically modified organisms shall obtain approval from the competent agricultural administrative department of the State Council or the competent agricultural administrative department of a province, an autonomous region and a municipality directly under the Central Government. The specific measures are to be formulated by the competent agricultural administrative department of the State Council.10

4. ‘Regulations on Administration of Agricultural Genetically Modified Organisms Safety’, Article 47: Those who, in violation of these Regulations, produce or process agricultural genetically modified organisms without approval, or conduct the production or processing not conforming to the approved varieties, scopes, requirements for safety administration and technical standards, shall be ordered to stop the production or processing by the competent agricultural administrative department of the State Council or the competent agricultural administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government in accordance with their respective functions and powers. The illegally produced or processed products and the illegal income 8

http://www.wipo.int/edocs/lexdocs/laws/en/cn/cn133en.pdf http://www.wipo.int/edocs/lexdocs/laws/en/cn/cn133en.pdf 10 http://www.wipo.int/edocs/lexdocs/laws/en/cn/cn133en.pdf 5 9

shall be confiscated. If the illegal income is not less than 100,000 yuan, a fine of not less than one but not more than five times the illegal income shall be imposed concurrently; if there is no illegal income or the illegal income is less than 100,000 yuan, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed concurrently.11

5. ‘Seed Law of the People’s Republic of China’, Article 7: The variety selection, cultivation, experiments, approval and popularization of genetically modified plant varieties shall be subject to safety evaluation, and strict safety control measures shall be taken. Competent agriculture and forestry departments of the State Council shall strengthen track and supervision and in a timely manner, announce the information on the approval and popularization of genetically modified plant varieties. The specific measures shall be provided for by the State Council.12

6. ‘Seed Law of the People’s Republic of China’, Article 41: The seeds sold shall comply with national or industry standards, and labels and use instructions shall be attached. Labels and the content indicated on use instructions shall be consistent with the sold seeds sold. Seed producers and traders shall be responsible for the truthfulness of indicated content and seed quality…For the sale of seeds of genetically modified plant varieties, readily readable characters are essential, and safety control measures shall be indicated for their use.13

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http://www.wipo.int/edocs/lexdocs/laws/en/cn/cn133en.pdf http://en.pkulaw.cn/display.aspx?cgid=259498&lib=law http://en.pkulaw.cn/display.aspx?cgid=259498&lib=law 6