11 June 2018
Ministry for Primary Industries
PO Box 2526
Wellington 6140
Submission on MPI Discussion Paper N0: 2018/19
Background
1. The Soil & Health Association of New Zealand Inc. (“Soil & Health”) is a charitable society registered under the Incorporated Societies Act 1908. It is the largest membership organization supporting organic food and farming in New Zealand and is one of the oldest organic organisations in the world, established in 1941. Soil & Health’s objectives are to promote sustainable organic agricultural practices and the principles of good health based on sound nutrition and the maxim: “Healthy soil, healthy food, healthy people”. Its membership is chiefly composed of home gardeners and consumers, organic farmers and growers, secondary producers, retailers and restaurateurs. Soil & Health publishes the bi-monthly ‘Organic NZ’ magazine – New Zealand’s leading organics magazine.
Introduction
2. Soil & Health welcome the opportunity to comment on the MPI Discussion Paper “Would New Zealand benefit from new organic regulation?” (“Discussion Paper”). However, we are concerned that the consultation and submission period was both at short notice and for a relatively short time. Organisations throughout the sector will have had difficulty to have appropriate discussions among their members and members including both consumers and organic licensees. We reserve the right at Select Committee and further consultation to further refine our position.
- To know our food is safe, free from contamination and harmful residues is a fundamental human right. However, the right to know exactly what we are eating is often taken away and even routinely denied to us. While growing our own food remains the best way to ensure that we know what we are eating and how it is grown, we must also know what has been sprayed onto crops and soil, added to foods, and used in the processing of the food we purchase. There is a growing awareness in society of how food determines health and people are now demanding to know what is in their food and how it is grown. Safeguards to protect people and the environment are becoming more important and need greater attention as the presence of toxins in the environment become more common.
- Soil & Health is committed to advocating for transparent and honest food labelling in New Zealand. We believe that transparent food labelling is fundamental in allowing people to make informed choices. We believe that everyone has a right to safe and nutritious food that is grown in a way that enhances the environment. This covers the right to have food free from microbial contamination, harmful organisms, pesticides, harmful chemicals and heavy metal contaminants, harmful additives, irradiation and genetic engineering. We believe in the right of people to equip themselves with the knowledge to make informed food choices. This is only achievable through clear and transparent food labelling.
- Soil & Health as an organisation that advocates for organics, is a strong supporter of organic certification as it provides a verification system for consumers that ensures that the food product they are purchasing is produced according to specific organic standards. Consumers can trust food or other products that are labelled as certified organic, because they are subject to rigorous audits to ensure their safety and integrity. Most importantly it helps to ensure that businesses do not deceive or mislead consumers through false representation or false information when labelling themselves as organic. We consider certification important as it supports consumers in making informed choices about organic food.
- Currently there are several different organic certification agencies in New Zealand which all have their own standards and labels. Labels however can be confusing for consumers as there can be many different ones used on food products, for example, regulated and accredited ones like the Heart Foundation tick, or some companies creating labels such as ‘vegan’ or ‘100% natural’. As stated in the Executive Summary of the Discussion Paper, consumers have a mixed understanding about what these claims mean. People want clean, safe food, and are increasingly turning to organic foods and products. Many farmers and producers are responding to demand and producing high quality, certified organic products. But there are a few producers claiming their products are organic when in fact they are not. Some producers may be unintentionally misleading consumers; others may be deliberately using the word organic as part of their marketing strategy to sell more product and/or at a higher price. While consumers are protected by the Fair Trading Act 1986, which requires producers to be able to substantiate any claims that they are making on their products, the absence of a single definition in New Zealand of what organic means makes enforcement difficult. Furthermore, with no government oversight of organic standards, and no national standard to protect the word ‘organic’, the integrity of the organic industry as a whole is compromised.
- Soil & Health therefore strongly supports the proposal to introduce a mandatory National Organic Standard and associated regulatory regime for organic production. A fundamental point for Soil & Health in developing a single National Organic Standard is to reduce consumer confusion that is created when there are multiple certification agencies. Creating a single National Organic Standard for organics in New Zealand would help to reduce consumer confusion and boost consumer confidence in organic labelled food. It would also put us in step with nearly all of the top 25 organic exporting nations. This will give comfort not only in New Zealand but to export markets as well and will make exports easier.
- However, regulations which would follow adoption of a single National Organic Standard should not disadvantage small growers. While all relevant businesses should comply with the National Organic Standard there should be provision for a lesser burden of verification on smaller scale growers and producers where the cost would be disproportionate to the benefit. We therefore support exemptions that support smaller growers and produces who typically supply local markets and direct to their consumers. We recognise that among the myriad of reasons for supporting smaller producers is the fact that before big producers were big they generally were small, and we must support them in order to foster the growth of the organic industry. Effective exemptions must still require a claim of ‘organic’ to be meeting the National Organic Standard, and examples exist for on-line registration, or affidavits of compliance for operators below a certain monetary threshold.
Discussion Paper Questions
Part 1: Introduction, purpose and context
- Do you agree or disagree with the proposed scope? Are there any other products, for example aquaculture products, that should be considered? Please specify.
We generally agree with the proposed scope so long as this is recognised as merely a starting point. However, some aquaculture products, both salmon and mussels, have previously been certified organic in New Zealand, so it is important that aquaculture would be covered by regulation of organics to ensure inappropriate claims are not made.
The scope is currently limited to primary and processed products and we recognise this is a good place to start from as they form a large part of New Zealand’s organic production. However, as the development of the regulations progress other products might need to be included for example, it is also not clear whether cosmetics, body care products and textiles are included in the scope.
- To what extent do you agree with the description of the current context for organics? Please explain why.
We agree. The market information provided is consistent with reports produced by Organics Aotearoa New Zealand. However, the description lacks any information about or acknowledgement of New Zealand’s current GE-free status and the market advantages that this provides. The use of GE or GMOs is prohibited in organic products, and products cannot be labelled certified organic if they contain GMOs. The global Non-GMO market is at US$550 billion,[1] and trends show this is only going to grow.
Of New Zealand’s five key trading partners, three have non-GMO labelling regulations.[2] New Zealand has a market with these countries due to the perception and the fact that no GMO seeds are currently being cultivated in New Zealand. China is the largest trading partner with dairy being the largest single export. In 2014 NZ$5.3 billion of dairy products were exported to China.[3]
What is also important to mention is that organic and sustainable agriculture is the highest value added agricultural market with over US$80 billion worldwide sold as organic in 2014.[4] New Zealand primary industries are looking for ways to export value-added products as they move away from commodity-based trading. The collapse of the dairy industry in 2015 and the rise of tourism as the largest contributor to New Zealand’s GDP indicate an over-reliance on a narrow range of commodities. Federated Farmers sponsored a number of speakers during their national conference on 1-3 July 2015 in Wellington, who shared the view that value added agriculture is important to the resilience of the industry.
- To what extent do you agree with the description of the current regulatory environment for organics? Please explain why?
We agree with the description of the current regulatory environment for organics, namely that they are not regulated at all. One could conclude that MPI’s Official Organic Assurance Programme (“OOAP”) Technical Rules have by default become a national organic export standard. However, the OOAP Technical Rules is an export one and run through MPI with the Organic Export Association of New Zealand. While the process is consultative, it is hardly representative of the wider organic sector in New Zealand and is focused solely on exports.
It must also be noted that over decades the BioGro NZ standard has been run by its Society’s members and licensees who have contributed to its development through standards and certification committees. It has had significant voluntary input and provided a chance to review the impact of decisions on growers, input providers etc. Soil & Health also contributed to this largely as the consumer voice on all boards. However, this process of keeping the standard up to date is is exhausting on resources and the voluntary base.
- Do you agree that this is a good opportunity to change the way organics are currently regulated in New Zealand? In your opinion, what needs to change? Please explain why.
We agree that this is a good opportunity to change the way organics are regulated in New Zealand. The current unregulated environment undermines the credibility of certified organic products produced in New Zealand and this needs to change. Organic licensees, the retail sector and the public are confused and often have a poor understanding of what organic means, or the implications of false claims. Regulation should aim to protect consumers from fraudulent claims and protect producers from unfair competition (products with false claims), thereby building the credibility of organic products produced in New Zealand. There is also an opportunity to rationalise other activities like auditor training, and upskilling, technical development, certification management and to develop a common national mark.
- Do you think that the appropriate objectives for a new organic regime have been identified? What would you suggest a new regime should achieve? Please explain why.
We agree with the objectives outlined however question whether the regulatory regime needs to be flexible.
We consider that the new regime should endorse and protect the status of existing New Zealand certifiers. The regime should enable certifiers to set higher standards (above the regulation) should they want to. It should also allow for equivalency between New Zealand produced and certified imported organic products provided the certification standards are at least equivalent to the New Zealand regulation. Soil & Health strongly supports the Participatory Guarantee Systems such as OrganicFarmNZ to be recognised as a credible certification pathway.
Part 2: Options for how a new regime for organics could work
- Do you think that a standard setting out requirements for production methods would be best suited to organic production? Please explain why.
Yes, because organics also has environmental and sustainability outcomes, not just food safety outcomes. Production methods are important because of the benefits to the environment as well as end product qualities.
Issue 1: Should a new standard be voluntary?
- Do you think that the correct options have been identified? Are there alternative option(s) that should be considered? Please describe.
Yes, we agree that the correct options have been identified. We do not propose any other alternatives.
- Are there positive or negative impacts of any options that are not described? Please describe any impacts that we’ve missed.
Cost is a significant concern to all organic growers and producers but most especially to small-scale growers and producers suppling local markets direct to the consumers. Small-scale growers and producers are important for the support of fresh organic products to New Zealand consumers and therefore any new regulations which would follow adoption of a single standard must not penalise them through unnecessary compliance costs.
The importance of genuine organic consumers expectations needs to be considered in the structure of Standards setting/maintenance body, and stakeholders groups. The importance of the consumer guarantee aspect of organic regulation must be reflected in significant organic consumer representation, which Soil & Health has experience of.
There are a number of overseas examples of standards maintenance groups that have been dominated by business interests that have not reflected genuine organic consumers and licensees’ interests, for example USDA now includes an option for ‘organic’ hydroponic production, although hydroponics by design does not meet New Zealand organic requirements, nor organic consumer expectations that organic production is soil based.
At one consultation, it was suggested that legislation for organic regulation would be likely be ahead of standards group representation being consulted on. It is therefore necessary to ensure that a minimum representation outline is included in the primary legislation to ensure organic consumers will be an effective part of standards setting and maintenance.
- If a standard became mandatory for all organic operations, what would be the positive and/or negative impacts on you or your business?
If mandatory the system should not be designed so that it constrains or prevents alternative certification systems being developed and recognised. A mandatory standard would be acceptable if it allowed for small-scale growers and producers to continue to function without unfair constraints and allowed the opportunity of lower cost Participatory Guarantee System certification.
For an organic consumer guarantee with integrity, the degree of organic consumer representation on the standards setting/maintenance group will potentially dictate either positive or negative outcomes. Soil & Health is probably the most visible advocate for New Zealand organic consumers.
- To what extent do you support or oppose the use of a logo to help distinguish organic products from non-organic products? Please explain why.
We support the development of a national logo provided it can be accessed by local and small-scale market growers and producers, not just larger scale operators that export.
Issue 2: How should we check that relevant businesses meet the standard?
- Do you think that the correct options have been identified? Are there alternative option(s) that should be considered? Please describe.
We consider that the correct options have been identified.
- Are there positive of negative impacts of any options that are not described in the above section? Please describe any impacts that we’ve missed.
No other positive or negative options are suggested.
- If ongoing verification (with limited exemptions) was used to check compliance, what would be the positive and/or negative impacts on you or your business?
As stated previously local and small-scale operators should not be disadvantaged. Costs relating to MPI regulatory requirements in other sectors have frequently been described as prohibitive to small businesses, and although some changes have been made for example raw milk cheeses, there is a strong cost recovery model in existence using high salary and travel fees. Regulation and compliance in that context threatens small producers if exemptions are not set sensitively.
Home gardeners that garden organically and would meet the National Organic Standard, should they be commercial, must also be able to describe their home grown produce as organic, whether sold or not. Such situations could include A&P Show vegetable competitions or descriptions in a newspaper article. Compliance could be by external interests checking against an affidavit or online registration if necessary, and complaints lodged with MPI or the accredited agency.
- If some businesses were not required to be verified on an ongoing basis, what do you think the criteria for exemption could be? For example, method of sale, annual turnover, volume sold, others…
If exemptions are to be allowed, then conditions on which they are based should be clearly defined, for example if there are multiple companies held by a single owner they should not be allowed to all be exempt (all should be verified).
Summary of proposals
- To what extend do you support this combination? Please explain why.
We strongly support the combination of Option 1C: mandatory compliance for all relevant businesses, and Option 2C: ongoing verification, with limited exceptions.
We support Option 1C due to the level of certainty and transparency that it provides to both businesses and consumers about what the definition of organic means. Under this option, whether or not a product is certified, consumers can be sure that if it is labelled organic then it means the same as certified organic as both terms must meet the National Organic Standard. This is significant for consumers who are too often sold products as organic, even though the grower/producer is not subject to any checks that their claim is authentic. If a producer uses the term organic to sell their system should be able to be verified in some way.
However, many of our members are small-scale organic growers and producers who only sell their products locally, direct to their consumers. Their growing and production standards meet that of certification standards, yet they choose not to become certified due to the costs and effort involved. Some growers and producers prefer to remain small-scale and want to keep their costs down in order to keep their products affordable. Certification would be an extra cost that they may not be able to meet unless they scaled up. For them to have to change their labels from “organic” to “spray-free” simply because they are not certified, despite meeting a certification standard, would not be fair on them. We consider that the integrity of certified organic is not compromised by these types of growers using the term organic.
Therefore, we also support Option 2C in that while all businesses that label their products organic would need to comply with the standard, not all businesses would be required to have their activities independently verified on an ongoing basis, or certified. The integrity of organics would still be maintained as any grower/producer, small or large, that defines their product as organic would be subject to enforcement action if it was shown that they were not meeting the standard. We also support the proposal to introduce measures that reduce compliance costs for small-scale businesses if and when needed through for example group certification or by adjusting the audit frequency.
- What changes or impacts would this combination of options involve for you and/or your organisation?
For our members and for consumers of organic products there will be benefits as the baseline standards will be clearly defined.
- What would be your preferred combination of options? This can include any listed options and any other possible option not listed.
We have already stated our preferred option – that being Option 1C and Option 2C.
Part 3: If needed, proposed features of empowering legislation
- Have the powers required to implement a new regime been correctly identified? Are there any other components you think would be necessary?
Those already certified (BioGro NZ/Asure Quality/OFNZ/Demeter) we consider are already following what will become the National Organic Standard – the process for how they become integrated needs to be clear and separate to those not already certified. We consider that MPI should recognise agencies not individuals.
As commented in Q8; At one consultation, it was suggested that legislation for organic regulation would be likely ahead of standards group representation being consulted on. It is therefore necessary to ensure that a minimum representation outline is included in the primary legislation to ensure organic consumers will be an effective part of standards setting and maintenance.
- Do you have any comments on the range of proposed compliance and enforcement tools?
We consider that minor non-compliances should be handled appropriately and be dependent on the level of the organic integrity of their products and the risk to consumer expectations and health.
- Do you have any other comments about the proposed legislation settings?
We consider that the legislation must allow for new certifiers and other certification systems (that can demonstrate compliance to the National Organic Standard) to be recognised. Legislation must include minimum requirements of the structure of standards groups and representation and include an expectation of GMO free food and production.
Part 4: General comments and next steps
- What evidence should be examined to inform further analysis of this proposal?
We consider that the affordability of the ‘product’ in terms of the comparative costings from similar situations should be considered from both export and local market certification options.
Options from overseas, particularly around exemptions, affidavits and online registrations, what financial thresholds or other measures are used.
- If you have any other comments or suggestions, please let us know.
For an organic supply chain there can be several steps (actors handling product) – organic oversight should be sustained along with the whole supply chain.
Yours sincerely
Name: Lucy Blackbourn
Position: Acting General Manager
The Soil & Health Association
PO Box 9693
Marion Square
Wellington, 6141
Website: www.organicnz.org.nz
[1] http://www.prnewswire.com/news-releases/packaged-facts-global-non-gmo-food–beverage-market-reaches550-billion-us-sales-at-200-billion-300127127.html
[2] http://www.stats.govt.nz/browse_for_stats/snapshots-of-nz/nz-in-profile-2015/trading-partners.aspx
[3] http://www.stats.govt.nz/browse_for_stats/industry_sectors/imports_and_exports/global-nz-jun-14/keypoints.asp
[4] https://shop.fibl.org/fileadmin/documents/shop/1698-organic-world-2016.pdf
Community Support for a GE-free Coastal Marine Area in Northland
/in GEMedia release: Soil & Health Association of NZ
30 October 2018
Usually associated with land-based farming, the Soil & Health Association is now wading into the coastal marine area in its latest bid towards an Organic Aotearoa New Zealand.
A precautionary approach is needed to any genetically engineered (genetically modified) organisms that may be trialed or used commercially in the Coastal Marine Area (CMA), says Soil & Health.
The Association is therefore encouraging the Northland Regional Council to adopt precautionary provisions for GMOs in the Proposed Regional Plan for Northland, and is presenting its case to the Council today. (Soil & Health’s submission can be viewed at https://soilandhealth.org.nz/submissions/submission-on-proposed-regional-plan-for-northland/)
“We want to ensure that the Council adequately protects growers and producers in Northland from the significant adverse effects posed by GMO use,” says Soil & Health co-chair Bailey Peryman.
The Proposed Regional Plan for Northland as currently drafted fails to regulate GMOs in the CMA, despite the Northland Regional Policy Statement placing an obligation on the Council to take a precautionary approach to GMOs in the region.
“We call on the Northland Regional Council to follow the lead of Auckland Council which has already adopted precautionary provisions and banned the outdoor release of GMOs in the CMA via the Auckland Unitary Plan,” says Peryman.
GMOs in the CMA could threaten the economic sustainability of a wide range of activities that benefit from having GE-free status. This includes organic and non-organic primary producers in the Northland Region, including oyster farmers, and any growers who collect seaweed from the coastline for fertiliser.
“Organic certification standards prohibit the use of any input containing GMO material. A certified organic farm could be contaminated by GMOs in the CMA by using seaweed harvested from the coastline. The composting of seaweed is a popular form of natural fertiliser for crops for many organic farmers. Any GE contamination from seaweed would mean having to stop harvesting seaweed for fertiliser use or otherwise risk losing their organic certification.”
“Aquaculture is a growing industry in New Zealand with exports to nearly 80 countries and our seafood regarded as some of the best in the world. Markets around the world don’t want seafood products that are contaminated with GMOs,” says Peryman.
“All New Zealand fish and shellfish products currently enjoy GE-free status. But contamination of kai moana by GMOs could mean the loss of the premium that the GE-free status and reputation attracts.”
“New Zealand has already seen several GE field trials breach the conditions of approval,” says Peryman. “GMOs in the CMA run additional risks due to the fluid nature of the marine environment, making buffering and containment impossible. We have to also expect that activities in the CMA can cross into terrestrial and freshwater ecosystems.”
If GMOs were released into the Northland CMA it would no longer be regarded as a GE-free region. This could affect the marketing of products within New Zealand and internationally, and premium returns.
The latest OANZ Organic Market Report 2018 reaffirms that the growth in New Zealand organic production and exports is very strong, reflecting global trends. It makes sense economically and environmentally to protect and encourage organic primary production.
ENDS
Media contact
Bailey Peryman
021 1227 638
EPA must reassess glyphosate and neonics
/in Media ReleasesWednesday 17 October 2018
PRESS RELEASE FOR IMMEDIATE RELEASE
The Soil & Health Association is calling for an enquiry into the independence of New Zealand’s Environmental Protection Authority (EPA), following the EPA’s announcement of priority chemical reassessments for possible bans or new controls.
“While Soil & Health welcomes the reassessment list, there is a glaring omission of two notable harmful chemicals. We want them added to the list, and we want an inquiry into the processes and decision-making that has led to this,” says Soil & Health co-chair Bailey Peryman.
The chemicals that should be on the list for reassessment are:
Both are heavily used in New Zealand, meaning most people have some exposure to them.
“The EPA must add them to the list and urgently conduct robust independent reassessments of them.”
“To give the community trust in the regulatory system, Soil & Health calls on the EPA to adopt a precautionary and proactive approach around glyphosate-based herbicides like Roundup, instead of its apparent economics-first approach that favours the agrichemical industry over the environment and people’s health.”
“For true environmental protection, the EPA should follow the EU Commission recommendations, which are to minimise glyphosate use in public places such as parks, playgrounds and gardens, and to scrutinise its use as a pre-harvest spray on a number of crops.”
“Christchurch City Council has shown that a transition to glyphosate-free public spaces is possible, and in New Zealand and internationally, organic farmers successfully manage crops without the need for glyphosate herbicides or the bee-killing neonicotinoids, improving environmental, worker, and food safety outcomes.”
“Consumers’ interest in food grown free from synthetic pesticides is rapidly growing both here in Aotearoa and internationally.”
Media contact:
Bailey Peryman
021 122 7638
ADDITIONAL INFORMATION
In March 2015, the International Agency for Research on Cancer (IARC) issued a report labelling glyphosate a “probable carcinogen”. Europe has since come out strongly against the use of both glyphosate and neonicotinoids. Recently in a landmark court case in the US, Monsanto was found to be misleading consumers about the safety of its flagship product, Roundup – the primary ingredient of which is glyphosate.
Following the IARC finding, the NZ EPA and the Ministry for Primary Industries (MPI), contrary to a Ministry of Health recommendation not to, did a poor review of that finding, essentially using flawed science guidelines and data provided by industry. Some industry-supplied glyphosate research has been shown to be ghost-written by Monsanto.
“In Australia, following a Four Corners TV showing of the Poison Papers last week, exposing how Monsanto influences regulators, the Federal Opposition there is calling for an inquiry into the funding and independence of its APVMA (Agricultural Products Veterinary Medicines Authority), the equivalent of New Zealand’s MPI agrichemical products arm and our EPA.”
New Zealand regulators need to be investigated for the same reasons, according to Soil & Health.
Using its new Flexible Reassessment Categorisation Screening Tool (FRCaST), theoretically based on risk to people and the environment, the EPA said it would prioritise 40 chemicals from an initial list of more than 700, most of them used in agriculture although some are also used around the home. However, questions of the effectiveness of the screening tool FRCaST also need to be asked.
“The two international regulatory bodies chosen by the NZ EPA to peer review FRCaST were the National Industrial Chemicals Notifications and Assessment Scheme (NICNAS) in Australia and Health Canada (HC) / Environment and Climate Change Canada (ECCC) which also saw limitations in the EPA approach and sought for New Zealand to have greater alignment with Australia and Canada, neither great examples of the precautionary approach.”
“The NZ EPA has generally used the US EPA and the European Food Safety Authority (EFSA) for risk assessment guidance. They all have been heavily influenced by the agrichemical industry. EFSA, following significant criticism, has since been actively improving its independence and transparency, reducing their exposure to industry.”
Soil & Health believes that neonicotinoids and glyphosate should be phased out quickly.
Submission on an organic standard in New Zealand.
/in Submissions11 June 2018
Ministry for Primary Industries
PO Box 2526
Wellington 6140
Submission on MPI Discussion Paper N0: 2018/19
Background
1. The Soil & Health Association of New Zealand Inc. (“Soil & Health”) is a charitable society registered under the Incorporated Societies Act 1908. It is the largest membership organization supporting organic food and farming in New Zealand and is one of the oldest organic organisations in the world, established in 1941. Soil & Health’s objectives are to promote sustainable organic agricultural practices and the principles of good health based on sound nutrition and the maxim: “Healthy soil, healthy food, healthy people”. Its membership is chiefly composed of home gardeners and consumers, organic farmers and growers, secondary producers, retailers and restaurateurs. Soil & Health publishes the bi-monthly ‘Organic NZ’ magazine – New Zealand’s leading organics magazine.
Introduction
2. Soil & Health welcome the opportunity to comment on the MPI Discussion Paper “Would New Zealand benefit from new organic regulation?” (“Discussion Paper”). However, we are concerned that the consultation and submission period was both at short notice and for a relatively short time. Organisations throughout the sector will have had difficulty to have appropriate discussions among their members and members including both consumers and organic licensees. We reserve the right at Select Committee and further consultation to further refine our position.
Discussion Paper Questions
Part 1: Introduction, purpose and context
We generally agree with the proposed scope so long as this is recognised as merely a starting point. However, some aquaculture products, both salmon and mussels, have previously been certified organic in New Zealand, so it is important that aquaculture would be covered by regulation of organics to ensure inappropriate claims are not made.
The scope is currently limited to primary and processed products and we recognise this is a good place to start from as they form a large part of New Zealand’s organic production. However, as the development of the regulations progress other products might need to be included for example, it is also not clear whether cosmetics, body care products and textiles are included in the scope.
We agree. The market information provided is consistent with reports produced by Organics Aotearoa New Zealand. However, the description lacks any information about or acknowledgement of New Zealand’s current GE-free status and the market advantages that this provides. The use of GE or GMOs is prohibited in organic products, and products cannot be labelled certified organic if they contain GMOs. The global Non-GMO market is at US$550 billion,[1] and trends show this is only going to grow.
Of New Zealand’s five key trading partners, three have non-GMO labelling regulations.[2] New Zealand has a market with these countries due to the perception and the fact that no GMO seeds are currently being cultivated in New Zealand. China is the largest trading partner with dairy being the largest single export. In 2014 NZ$5.3 billion of dairy products were exported to China.[3]
What is also important to mention is that organic and sustainable agriculture is the highest value added agricultural market with over US$80 billion worldwide sold as organic in 2014.[4] New Zealand primary industries are looking for ways to export value-added products as they move away from commodity-based trading. The collapse of the dairy industry in 2015 and the rise of tourism as the largest contributor to New Zealand’s GDP indicate an over-reliance on a narrow range of commodities. Federated Farmers sponsored a number of speakers during their national conference on 1-3 July 2015 in Wellington, who shared the view that value added agriculture is important to the resilience of the industry.
We agree with the description of the current regulatory environment for organics, namely that they are not regulated at all. One could conclude that MPI’s Official Organic Assurance Programme (“OOAP”) Technical Rules have by default become a national organic export standard. However, the OOAP Technical Rules is an export one and run through MPI with the Organic Export Association of New Zealand. While the process is consultative, it is hardly representative of the wider organic sector in New Zealand and is focused solely on exports.
It must also be noted that over decades the BioGro NZ standard has been run by its Society’s members and licensees who have contributed to its development through standards and certification committees. It has had significant voluntary input and provided a chance to review the impact of decisions on growers, input providers etc. Soil & Health also contributed to this largely as the consumer voice on all boards. However, this process of keeping the standard up to date is is exhausting on resources and the voluntary base.
We agree that this is a good opportunity to change the way organics are regulated in New Zealand. The current unregulated environment undermines the credibility of certified organic products produced in New Zealand and this needs to change. Organic licensees, the retail sector and the public are confused and often have a poor understanding of what organic means, or the implications of false claims. Regulation should aim to protect consumers from fraudulent claims and protect producers from unfair competition (products with false claims), thereby building the credibility of organic products produced in New Zealand. There is also an opportunity to rationalise other activities like auditor training, and upskilling, technical development, certification management and to develop a common national mark.
We agree with the objectives outlined however question whether the regulatory regime needs to be flexible.
We consider that the new regime should endorse and protect the status of existing New Zealand certifiers. The regime should enable certifiers to set higher standards (above the regulation) should they want to. It should also allow for equivalency between New Zealand produced and certified imported organic products provided the certification standards are at least equivalent to the New Zealand regulation. Soil & Health strongly supports the Participatory Guarantee Systems such as OrganicFarmNZ to be recognised as a credible certification pathway.
Part 2: Options for how a new regime for organics could work
Yes, because organics also has environmental and sustainability outcomes, not just food safety outcomes. Production methods are important because of the benefits to the environment as well as end product qualities.
Issue 1: Should a new standard be voluntary?
Yes, we agree that the correct options have been identified. We do not propose any other alternatives.
Cost is a significant concern to all organic growers and producers but most especially to small-scale growers and producers suppling local markets direct to the consumers. Small-scale growers and producers are important for the support of fresh organic products to New Zealand consumers and therefore any new regulations which would follow adoption of a single standard must not penalise them through unnecessary compliance costs.
The importance of genuine organic consumers expectations needs to be considered in the structure of Standards setting/maintenance body, and stakeholders groups. The importance of the consumer guarantee aspect of organic regulation must be reflected in significant organic consumer representation, which Soil & Health has experience of.
There are a number of overseas examples of standards maintenance groups that have been dominated by business interests that have not reflected genuine organic consumers and licensees’ interests, for example USDA now includes an option for ‘organic’ hydroponic production, although hydroponics by design does not meet New Zealand organic requirements, nor organic consumer expectations that organic production is soil based.
At one consultation, it was suggested that legislation for organic regulation would be likely be ahead of standards group representation being consulted on. It is therefore necessary to ensure that a minimum representation outline is included in the primary legislation to ensure organic consumers will be an effective part of standards setting and maintenance.
If mandatory the system should not be designed so that it constrains or prevents alternative certification systems being developed and recognised. A mandatory standard would be acceptable if it allowed for small-scale growers and producers to continue to function without unfair constraints and allowed the opportunity of lower cost Participatory Guarantee System certification.
For an organic consumer guarantee with integrity, the degree of organic consumer representation on the standards setting/maintenance group will potentially dictate either positive or negative outcomes. Soil & Health is probably the most visible advocate for New Zealand organic consumers.
We support the development of a national logo provided it can be accessed by local and small-scale market growers and producers, not just larger scale operators that export.
Issue 2: How should we check that relevant businesses meet the standard?
We consider that the correct options have been identified.
No other positive or negative options are suggested.
As stated previously local and small-scale operators should not be disadvantaged. Costs relating to MPI regulatory requirements in other sectors have frequently been described as prohibitive to small businesses, and although some changes have been made for example raw milk cheeses, there is a strong cost recovery model in existence using high salary and travel fees. Regulation and compliance in that context threatens small producers if exemptions are not set sensitively.
Home gardeners that garden organically and would meet the National Organic Standard, should they be commercial, must also be able to describe their home grown produce as organic, whether sold or not. Such situations could include A&P Show vegetable competitions or descriptions in a newspaper article. Compliance could be by external interests checking against an affidavit or online registration if necessary, and complaints lodged with MPI or the accredited agency.
If exemptions are to be allowed, then conditions on which they are based should be clearly defined, for example if there are multiple companies held by a single owner they should not be allowed to all be exempt (all should be verified).
Summary of proposals
We strongly support the combination of Option 1C: mandatory compliance for all relevant businesses, and Option 2C: ongoing verification, with limited exceptions.
We support Option 1C due to the level of certainty and transparency that it provides to both businesses and consumers about what the definition of organic means. Under this option, whether or not a product is certified, consumers can be sure that if it is labelled organic then it means the same as certified organic as both terms must meet the National Organic Standard. This is significant for consumers who are too often sold products as organic, even though the grower/producer is not subject to any checks that their claim is authentic. If a producer uses the term organic to sell their system should be able to be verified in some way.
However, many of our members are small-scale organic growers and producers who only sell their products locally, direct to their consumers. Their growing and production standards meet that of certification standards, yet they choose not to become certified due to the costs and effort involved. Some growers and producers prefer to remain small-scale and want to keep their costs down in order to keep their products affordable. Certification would be an extra cost that they may not be able to meet unless they scaled up. For them to have to change their labels from “organic” to “spray-free” simply because they are not certified, despite meeting a certification standard, would not be fair on them. We consider that the integrity of certified organic is not compromised by these types of growers using the term organic.
Therefore, we also support Option 2C in that while all businesses that label their products organic would need to comply with the standard, not all businesses would be required to have their activities independently verified on an ongoing basis, or certified. The integrity of organics would still be maintained as any grower/producer, small or large, that defines their product as organic would be subject to enforcement action if it was shown that they were not meeting the standard. We also support the proposal to introduce measures that reduce compliance costs for small-scale businesses if and when needed through for example group certification or by adjusting the audit frequency.
For our members and for consumers of organic products there will be benefits as the baseline standards will be clearly defined.
We have already stated our preferred option – that being Option 1C and Option 2C.
Part 3: If needed, proposed features of empowering legislation
Those already certified (BioGro NZ/Asure Quality/OFNZ/Demeter) we consider are already following what will become the National Organic Standard – the process for how they become integrated needs to be clear and separate to those not already certified. We consider that MPI should recognise agencies not individuals.
As commented in Q8; At one consultation, it was suggested that legislation for organic regulation would be likely ahead of standards group representation being consulted on. It is therefore necessary to ensure that a minimum representation outline is included in the primary legislation to ensure organic consumers will be an effective part of standards setting and maintenance.
We consider that minor non-compliances should be handled appropriately and be dependent on the level of the organic integrity of their products and the risk to consumer expectations and health.
We consider that the legislation must allow for new certifiers and other certification systems (that can demonstrate compliance to the National Organic Standard) to be recognised. Legislation must include minimum requirements of the structure of standards groups and representation and include an expectation of GMO free food and production.
Part 4: General comments and next steps
We consider that the affordability of the ‘product’ in terms of the comparative costings from similar situations should be considered from both export and local market certification options.
Options from overseas, particularly around exemptions, affidavits and online registrations, what financial thresholds or other measures are used.
For an organic supply chain there can be several steps (actors handling product) – organic oversight should be sustained along with the whole supply chain.
Yours sincerely
Name: Lucy Blackbourn
Position: Acting General Manager
The Soil & Health Association
PO Box 9693
Marion Square
Wellington, 6141
Website: www.organicnz.org.nz
[1] http://www.prnewswire.com/news-releases/packaged-facts-global-non-gmo-food–beverage-market-reaches550-billion-us-sales-at-200-billion-300127127.html
[2] http://www.stats.govt.nz/browse_for_stats/snapshots-of-nz/nz-in-profile-2015/trading-partners.aspx
[3] http://www.stats.govt.nz/browse_for_stats/industry_sectors/imports_and_exports/global-nz-jun-14/keypoints.asp
[4] https://shop.fibl.org/fileadmin/documents/shop/1698-organic-world-2016.pdf
Safe to eat? Not for kids!
/in Media ReleasesMedia release for immediate release 5.6.18
Children are being exposed to a cocktail of pesticides every time they eat non-organic raisins and sultanas. The latest Total Diet Study, released by the Ministry for Primary Industries, showed residues of 26 pesticides in just one sample, and all eight samples tested contained pesticides.(1)
Every five years or more, the New Zealand Total Diet Study (TDS) assesses our exposure to pesticides, contaminants and nutrients. A coalition of groups (2) keen to improve food safety in New Zealand is urging action from the government to reduce pesticide residues and encourage organic agriculture.
Portrait of a little boy eating dried fruits. Children eating healthy food concept.
Some features of the survey include:
“It is extremely concerning that 22% of baby foods tested had pesticides detected,” said Alison White of Safe Food Campaign.
“We urge the government to have zero tolerance for pesticide residues in baby food, and to carry out a national surveillance programme of pesticide residues in baby food. We expect the safety of baby food to be a priority for our government to focus on.”
“Certain pesticides found in baby food in this study have been found to be linked to cancer progression and endocrine or hormonal disruption,” said Dr Heli Matilainen, cancer researcher and Safe Food Campaign Co-convenor.
“Small children, due to their actively developing nervous, endocrine and immune systems, are much more vulnerable to these residues than adults. This means that it is not the dose which is critical, but the timing of exposure, because doses thousands of times lower than those normally considered toxic may interfere with children’s development.”
Ms White advises bakers and consumers to be careful when baking and buying baked goods, as high levels of aluminium were detected in these products. This could be due to an aluminium compound in baking powder, or the use of aluminium tins and trays.
“Given the fact that WHO’s International Agency for Research on Cancer (IARC)has classified glyphosate as ‘Probably carcinogenic (cancer causing) to humans’ (3), we would expect no glyphosate residues should be accepted in food – at all. There is generally no ‘safe level of intake’ for cancer-causing substances, such as glyphosate,” said Dr Matilainen.
“We are pleased that MPI has assured us they are going to conduct their own targeted glyphosate testing, but it must be on all foods sprayed with glyphosate, especially genetically engineered foods,” said Claire Bleakley of GE Free NZ.
“Glyphosate residues have been found in a large variety of foods, including genetically engineered soy, corn, oilseeds and sugar products, and New Zealand honey.” (4)
Jodie Bruning of Rite-Demands agrees: “In other New Zealand monitoring, glyphosate has been found in wheat over 50 times our permitted maximum residue level. (5) We know glyphosate can be applied to all cereals. Glyphosate must be included in the TDS in future.”
“Levels of reporting for pesticide residues in cereals and animal products have been reduced up to 100 times in the TDS. This makes it seem like MPI are detecting fewer pesticide residues when this is probably not the case,” said Mrs Bruning.
“Public health professionals as well as parents deserve to know the actual levels these chemicals are detected at, and not be obscured because of a less sensitive test.”
“Is MPI’s change to less sensitive chemical analysis to lessen the public and exporters’ concern about residues?” asked Steffan Browning of Soil & Health.
“We do applaud the new inclusion of neonicotinoids, which are neurotoxic to people as well as bees, but consumers deserve to be better informed about which brands of food are more likely to contain residues. What parent wants to give raisin and sultana products with 23 or 26 different chemical residues to their children when another product tested had only two?”
“Unfortunately some of the foods most liked by children – raisins, sultanas, grapes and strawberries – are the ones with the most pesticides in them, and parents can lessen pesticide intake in their children by giving them organic food,” said Dr Meriel Watts of Pesticide Action Network Aotearoa New Zealand.
“Nobody actually has any real understanding of the effect of 26 different pesticides together in one small box of raisins, because pesticides in mixtures such as this can behave very differently to the single pesticide assessed by MPI,” said Dr Watts. “It is unconscionable for the government to assume this cocktail is safe when they have never tested it.”
“The best way to lessen all these residues and contaminants going into our bodies is to eat organic food, and this is especially important for children,” concluded Mr Browning.
The five organisations are calling for:
[ENDS]
Notes:
Zealand, Pesticide Action Network Aotearoa New Zealand, GE Free NZ and RITE: a Safer System for Pesticide Assessment.
https://www.mpi.govt.nz/food-safety/whats-in-our-food/chemicals-and-food/agricultural-compounds-and-residues/glyphosate/
Media contacts:
Soil & Health celebrates: Federated Farmers drop legal action around GMOs
/in Media Releases25 May 2018
MEDIA RELEASE
Soil & Health celebrates: Federated Farmers drop legal action around GMOs
Following years of court action for a precautionary approach to genetically modified organisms (GMO), the Soil & Health Association today welcomed Federated Farmers’ decision to drop legal challenges to several local council resource management plans controlling their outdoor use.
Federated Farmers has run a number of cases before the courts challenging the rights of communities in Auckland, the Far North and Whangarei to manage the outdoor use of GMOs within their own districts and regions. The courts continued to find that territorial authorities have the right under the Resource Management Act (RMA) to set their own policies and rules controlling GMO use, a finding that Federated Farmers repeatedly challenged.
Marion Thomson, Soil & Health National Council Member, today welcomed Federated Farmers’ decision and congratulated the organisation for seeing the sense in dropping further litigation, allowing Councils to get on with making GMO policies and plans that reflect the needs of regions and communities.
“Soil & Health has held grave concerns about the potential impact of GMO land use on regions dependent on an agricultural export sector increasingly reliant on non-GMO requirements of key trading partners.
“This affects both the traditional agricultural sector and New Zealand’s growing organic sector. There are significant premiums for producers who can provide non-GMO certification. It takes hard graft and time to obtain certification, and accidental contamination of a non-GMO farm would have significant long-term economic consequences for a no GMO exporter,” says Ms Thomson.
“The New Zealand environment and our local communities should not be guinea pigs for GMO land use, and therefore we welcome the news about Federated Farmers’ back-down.
“This is about allowing regions and districts to regulate potential GMO land use in a way that protects existing agricultural sectors and reflects community preferences. Soil & Health supports farmers and communities across the country who want to keep New Zealand clean, green and GE-free and today is a huge step towards allowing our communities to do this,” says Ms Thomson.
Auckland Council, Far North District Council and Whangarei District Council all prohibit the general outdoor release of GMOs and made field trials a discretionary activity with performance standards in place, whilst Northland Regional Council adopted a precautionary approach in its regional policy statement.
“The controls these Councils have introduced under the RMA help to protect New Zealand’s biosecurity, our economy and our environment by requiring additional local protections that are not currently required by the national legislation under the Hazardous Substances and New Organisms Act.
“There is real potential for serious economic loss to regions exporting their products and attracting tourism under New Zealand’s clean, green brand if GMO land use were permitted, as well as there being uncertainty around the potential adverse effects on our natural resources and ecosystems,” says Ms Thomson.
Soil & Health, representing organic and GE-free farmers, primary producers, home gardeners and consumers across New Zealand, has long campaigned against Federated Farmers in each case.
“This back-down by Federated Farmers is a significant milestone in our fight for a precautionary approach to the outdoor use of GMOs in New Zealand. Soil & Health’s members, as well as a number of other individuals and support groups, have contributed a significant amount of financial investment in to this cause, as well as giving their time to publicly voicing their concerns, and we whole heartedly thank them for their efforts,” says Ms Thomson.
ENDS
MEDIA CONTACT:
Marion Thompson
National Council Member
Soil & Health Association
027 555 4014
Save the bees – Ban neonics
/in Media Releases2 May 2018
The Soil & Health Association welcomes the Environmental Protection Authority’s announcement to review the use of neonicotinoid pesticides in New Zealand but wants them to act now and ban their use immediately.
The EPA’s announcement, made yesterday, is in response to the European Union member states’ decision last week to ban the outdoor use of three types of neonicotinoid (clothianidin, imidacloprid, and thiamethoxam) due to the serious danger they pose to bees. The ban is expected to come into force by the end of 2018 and will mean they can only be used in closed greenhouses.
“Neonics are just as toxic in New Zealand as they are anywhere else in the world – they’re bee-killing compounds,” says Soil & Health chair Graham Clarke.
“While concentrations of use might differ, its use as an insecticide spray is widespread and over huge areas, and the majority of commercial seeds sold in New Zealand are treated with neonicotinoids.”
New Zealand regulations currently prohibit the spraying of neonicotinoids when crops are in flower. However, neonicotinoids can persist in the soil, meaning subsequent crops or weeds flowering can express the toxic chemical. Use is also limited by label requirements, but that’s not the reality of how people are using them. Seed treatments also mean that they are used over huge areas in New Zealand.
“Organic producers don’t use neonics, so we know that they’re not absolutely necessary,” says Clarke.
In the last decade bees have been dying at a staggering rate in many parts of the world due to colony collapse disorder. Research has shown that neonicotinoids are highly toxic to a range of insects, including bees and other pollinators. Bees and other insects are vital for global food production as they pollinate three-quarters of all crops. New Zealand’s bee population contributes about $5 billion to the economy annually, including to our agriculture, horticulture, and high value mānuka honey production. The use of neonicotinoids puts these industries at risk.
Neonicotinoids are also cause for concern for human health, including via spray drift and occupational exposure, and for the wider environment.
Soil & Health welcomes moves by retailers to stop selling the harmful chemicals. Placemakers and the Warehouse took them off their shelves after Steffan Browning, former Green Party MP and Soil & Health life member, requested them to. Earlier this year hardware store giant Bunnings announced its decision to stop selling controversial pesticides known to be harmful to bees. EU supermarket chains have increasingly been banning the sale of products that have been grown with the use of neonicotinoids.
New Zealand’s EPA however has a history of being slow to remove dangerous pesticides from use. The Soil & Health Association campaigned tirelessly, along with other organisations, for the banning of endosulfan, a controversial pesticide that was already banned in over 50 countries. The EPA only banned its use after it was discovered that a beef shipment to Korea contained traces of the toxic chemical, resulting in enormous costs for exporters.
“What this tells us is that the EPA are prioritising economics over human and environmental protections,” says Graham Clarke.
Soil & Health wants the EPA to remove these bee-killing pesticides now instead of waiting until trade implications force them to.
“By deeming neonicotinoids safe and allowing for their continued widespread sale and use in New Zealand we believe the EPA is failing in their statutory obligation to recognise and provide for the life-supporting capacity of air, water, soil and ecosystems,” says Clarke.
“This is not just a trade issue. These pesticides are dangerous now whether in France, Germany, the US or New Zealand.”
The Soil & Health Association, founded in 1941, is one of the oldest organic organisations in the world. It promotes safe, healthy, organic and nutritious food. The Association campaigns against harmful chemicals in agriculture through Organic NZ magazine and other media, by submissions to Parliament, by collaborating with other groups, and by standing up in court for community rights to retain a GE-free environment.
Contact: Graham Clarke
Chair, Soil & Health Association
027 226 3103
Submission to the EPA on the use of ethanedinitrile (EDN) as a fumigant
/in SubmissionsSubmission to the EPA on the use of ethanedinitrile (EDN) as a fumigant
Introduction
1. The Soil & Health Association of New Zealand Inc. (“Soil & Health”) is a charitable society
registered under the Incorporated Societies Act 1908. It is the largest membership
organization supporting organic food and farming in New Zealand and is one of the
oldest organic organisations in the world, established in 1941. Soil & Health’s objectives
are to promote sustainable organic agricultural practices and the principles of good
health based on sound nutrition and the maxim: “Healthy soil, healthy food, healthy
people”. Its membership is chiefly composed of home gardeners and consumers,
organic farmers and growers, secondary producers, retailers and restaurateurs. Soil &
Health publishes the bi-monthly ‘Organic NZ’ magazine – New Zealand’s leading
organics magazine.
2. Soil & Health makes this submission on the application to import ethanedinitrile (EDN),
a fumigant for use on timber/logs under commercial conditions, requesting that the
application be declined.
3. Soil & Health submitted to the Environmental Risk Management Authority (ERMA) for
the reassessment of methyl bromide and has campaigned to have that fumigant better
contained and recaptured or stopped. Our then spokesperson Steffan Browning, has
later in another role as a Section 274 Party, won an Environment Court case Envirofume
Limited vs Bay of Plenty Regional Council [2017] NZEnv 12. That case, contested for the
applicant Envirofume by legal counsel Helen Atkins (Chairperson of the 2010 ERMA
methyl bromide re-assessment), exposed significant risks of methyl bromide
fumigations for the health and safety of workers and nearby communities. We consider
that due to its known toxicity EDN would be no better for those people potentially
exposed, both at the fumigation workplace and further away.
Detailed submission
4. Safeguards to protect people and the environment are becoming more important and
need greater attention as increasing development and the presence of toxins and
fumigants in the environment become more common.
5. We are aware that EDN is promoted as a ‘new’ fumigant showing great potential as a
replacement for the ozone-depleting fumigant methyl bromide, and that an extensive
review of scientific literature commissioned by Stakeholders in Methyl Bromide
Reduction (STIMBR) in 2014 found EDN was the only potential fumigant alternative to
methyl bromide as a phytosanitary treatment for forest products. Research conducted
by Plant and Food Research has also confirmed that EDN is an effective phytosanitary
treatment for insects associated with New Zealand forest products.
6. In Australia, EDN can ONLY be used with scrubbing (a recapture) technology as part of
its label use after being assessed by the national regulatory body Australian Pesticides
and Veterinary Medicines Authority (APVMA). It is our understanding however that
Draslovka are trying to register the product in New Zealand, without liquid scrubbing or
another recapture method.
7. Attached to this submission is the public release summary from the APVMA on the
evaluation of EDN. Refer to page 26, under critical comments: “Residual gas must be
scrubbed for a minimum of 4 hours using a liquid scrubbing system at the completion of
the fumigation period, followed by a further 24 hours of ventilation prior to clearance.”
8. EDN is not ozone depleting, unlike methyl bromide. Regardless, if this application for
EDN importation and use is granted, EDN will still need containment and recapture, like
any of these noxious gases, rather than being released into the wider environment.
9. EDN, just as with methyl bromide, will be a risk well beyond fumigation areas due to
drift, inversion layers, and the inability for its whereabouts to be adequately monitored
by those responsible. Boundary monitoring is ineffective if at head height, when a
fumigant plume passes above it and then descends or drifts into other areas.
10. EDN is highly toxic and fumigation workers may be exposed to the highly toxic product
just as with methyl bromide when: • opening fumigant cylinder valves, • removing tarp covers for ventilation, • opening and entering shipping containers, • leakage from damaged (leaking) fumigant delivery lines, or when handling
fumigated timber.
11. Other port workers, not involved in fumigation but working nearby, may also be
exposed to the EDN, particularly when the EDN is released into the atmosphere
following fumigation, but also during accidental and spontaneous release, as happens
with methyl bromide most years, at most log stack fumigating ports. Log stack
fumigations under tarpaulins are subject to strong wind events and accidental tarpaulin
puncturing. Both Genera and Envirofume fumigation operators have had log stack
tarpaulins rent, resulting in the spontaneous release of methyl bromide.
12. In the Environment Court decision Envirofume Limited vs Bay of Plenty Regional Council
[2017] NZEnv 12, the court observed the large range of port users who may be exposed
inadvertently to the methyl bromide fumigant. EDN will have the same risks of
exposure for workers and passersby.
13. That Court found significant shortcomings in the current methyl bromide fumigations.
EPA and Work Safe requirements are either impractical or are frequently breached.
14. EDN gives no better assurance of safety than methyl bromide.
15. Whatever toxic fumigant is used for log, timber and other fumigations, it must be in a
dedicated facility with recapture of remnant fumigant, such as is used at Port Nelson.
Methyl bromide was linked at that port with the deaths of six men from motor neurone
disease. EDN has its own array of serious health risks. Recapture technology exists but
industry individually and collectively has mostly avoided its use for economic reasons.
16. Responsibility for dedicated containment and recapture facilities was considered by the
Court to require an integrated approach:
[130] Overall, our view is that this matter requires an integrated approach from
the Port of Tauranga, the marshalling/stevedoring companies, the forestry
industry and the fumigators to adopt an approach for the safe application of
methyl bromide and the recapture of all reasonable emissions. This would
probably require a dedicated area for fumigation, and may involve a building or
other system that seeks to encapsulate and recapture gas. We are not satisfied
that the introduction of another company into the Tauranga market is going to
bring about those changes. In our view, the advance towards reduction of
emissions has seen little progress since the 1990s, and the Court is surprised to
see that there is approximately ten times as much methyl bromide being applied
in Tauranga as there was in the 1990s.
17. The ERMA 2010 methyl bromide reassessment inappropriately, and possibly illegally, set
a very late 2020 date for recapture of that fumigant to meet Montreal Protocol
requirements of phasing out methyl bromide emissions. Should the application for EDN
use be granted, the EPA must insist on dedicated fumigation facilities and recapture
always, if the EPA is to meet its statutory requirements.
Conclusions
18. Soil & Health seek that the application be declined.
19. Should the application be granted, dedicated fumigation facilities and recapture must be
required.
20. Soil & Health wish to be heard in support of our submission.
Yours sincerely
Name: Mischa Davis
Position: Policy Advisor
The Soil & Health Association PO Box 9693 Marion Square Wellington, 6141 Email: advocacy@organicnz.org.nz Website: www.organicnz.org.nz
Another win for GE-Free New Zealand
/in Media ReleasesThe Soil & Health Association welcomes a decision released today by the Environment Court declining Federated Farmers’ attempt to challenge regulation of genetically modified organisms under the RMA.
In the latest case before the Environment Court, Whangarei District Council appealed the Northland Council’s Regional Policy Statement, asking to delete one word – ‘plants’ so that the policy would require a precautionary approach to be adopted towards introducing genetically engineered organisms generally – not just plants – to the environment.
“The court’s decision is a victory for common sense and for the interests of all Northlanders concerned about the possible introduction of GMOs into the environment, whether they be plants, animals, insects or microorganisms,” said Graham Clarke, Soil & Health’s chair.
Federated Farmers appeared as an interested party and continued to present the argument they used in the cases they previously lost – that the Northland Regional Council does not have jurisdiction to regulate GMOs, because that is the sole prerogative of authorities under the Hazardous Substances and New Organisms Act. However, the rulings to date have stated that regional councils DO have jurisdiction to regulate GE in their regions, under the RMA.
Judge Newhook in his decision labelled Federated Farmers submissions as “curious to say the least” and agreed with Soil & Health’s legal counsel that they were rather difficult to follow in logic.
The upshot of this case was in favour of Whangarei District Council, and therefore Northland Regional Council’s policy is not restricted to just GE plants, but applies to GMOs generally.
“It’s been shown worldwide that once GMOs get into the environment, there’s no way to effectively prevent their spread. All Northlanders should be grateful for the court’s decision and for our team standing up for their democratic rights,” said Mr Clarke.
“We have advocated for the limitation of GMOs to protect the environment and the food chain.”
“This is another win. If GMOs were to be released into the environment, they would be very difficult, if not impossible, to eradicate. There is also potential for serious economic loss to regions marketing their products and tourism under New Zealand’s ‘clean green’ brand, if GMO release were permitted.”
The Soil & Health Association, founded in 1941, is one of the oldest organic organisations in the world. It promotes safe, healthy, organic and nutritious food. The Association campaigns against harmful chemicals in agriculture through Organic NZ magazine and other media, by submissions to Parliament, by collaborating with other groups, and by standing up in court for community rights to retain a GE-free environment.
Media contact
Marion Thomson
027 555 4014
Submission on ‘food derived from new breeding techniques’ consultation paper
/in SubmissionsSubmission To: Food Standards Australia New Zealand
Submission Author: Mischa Davis
Thursday, 12 April, 2018
Introduction
The Soil & Health Association of New Zealand Inc. (“Soil & Health”) is a charitable society registered under the Incorporated Societies Act 1908. It is the largest membership organization supporting organic food and farming in New Zealand and is one of the oldest organic organisations in the world, established in 1941. Soil & Health’s objectives are to promote sustainable organic agricultural practices and the principles of good health based on sound nutrition and the maxim: “Healthy soil, healthy food, healthy people”. Its membership is chiefly composed of home gardeners and consumers, organic farmers and growers, secondary producers, retailers and restaurateurs. Soil & Health publishes the bi-monthly ‘Organic NZ’ magazine – New Zealand’s leading organics magazine.
Soil & Health makes this submission on the consultation paper requesting that all new foods derived from new breeding techniques be regulated including: gene editing including, CRISPR and other related techniques, GE rootstock grafting, cisgenesis, intragenesis, RNA interference or other techniques including RNA and null segregants.
Detailed submission
To know our food is safe and free from contamination and harmful residues is a fundamental human right. We must also know what has been sprayed onto crops and soil or otherwise released into the environment, added to foods and other consumer products, and used in the processing of the food we purchase. Safeguards to protect people and the environment are becoming more important and need greater attention as increasing development and presence of novel organisms created through genetic engineering evolve and become mainstream.
Much uncertainty exists around the methods and the potential risks associated with these new genetic engineering (“GE”) techniques. Unknown risks are involved in the introduction of foreign material (DNA/RNA/engineered molecules) to the cells, plants or animals, as well as the exact effects of the changes (intended and off-target e.g. accidental) that are made to the genome. The genomes of living creatures are very complex, there is much to learn regarding their design and function. It is therefore impossible to predict the full impacts of the various GE products that are being created using gene-editing techniques. As the crops and animals being developed are very diverse and have different traits, it can be expected that the potential adverse effects on human beings and on the environment will differ, and therefore case-by-case safety and risk analysis is fundamental.
Further, genetically modified organisms (“GMOs”) created through new GE techniques are not necessarily detectable using current detection methodology, and in some countries, can bypass all the regulatory registration and labelling requirements. The absence of regulation for these new technologies in some parts of the world means that GE plants, animals, microorganisms etc. can be released in the environment with no risk assessment and no information for breeders, farmers and consumers.
Soil & Health strongly opposes the use of any form of GE technologies in primary production. This includes both the first generation of genetic engineering techniques (transgenics), and subsequent generations (e.g. gene-editing such as CRISPR and other related techniques, cisgenics, synthetic biology and any other new GE techniques). We consider that the new breeding techniques outlined in this consultation paper including RNA interference, fall within the scope of the definition of genetically modified organism under section 2 of New Zealand’s Hazardous Substances and New Organisms Act 1996 (“HSNO Act”) which provides that:
genetically modified organism means, unless expressly provided otherwise by regulations, any organism in which any of the genes or other genetic material—
(a) have been modified by in vitro techniques; or
(b) are inherited or otherwise derived, through any number of replications, from any genes or other genetic material which has been modified by in vitro techniques
Therefore, the new breeding techniques outlined in this consultation paper including RNA interference, and any products, including foods, derived through them must be subject to the same laws and safety regulations as all other GMOs and must be done transparently.
We consider that all the new GE techniques, processes and products should be placed in the highest risk category for assessment. The precautionary and polluter pays principles must be applied rigorously to all assessments, licensing and monitoring of new GE techniques and their products. Further, all products derived from new GE techniques must be labelled to protect the right to know and choice for consumers, organic and conventional farmers and processors. Transparent food labelling is fundamental in allowing people to make informed choices.
FSANZ Questions to answer
3.1.1 Questions – Genome contains new DNA,
Do you agree, as a general principle, that food derived from organisms containing new pieces of DNA should be captured for pre-market safety assessment and approval?
YES. Food derived from breeding techniques such as oligonucleotide directed mutagenesis (ODM), zinc finger nuclease technology types I to III (ZFN-I, ZFN-II, ZFN-III), CRISPR/Cas9, meganucleases, cisgenesis, grafting on a transgene rootstock, agro-infiltration, RNA-dependent DNA methylation (RdDM), reverse breeding and synthetic genomics, are all genetic engineering techniques. Any products, including food, obtained through genetic engineering processes should be subject to rigorous, multi-stakeholder designed and agreed risk assessment protocols that include input from the organic sector and like-minded movements, as well as an assessment of the possibility to prevent the presence of such products in organic products and conventional GE-free products. All products derived from new GE techniques, regardless of the presence of new/altered DNA or new/modified proteins, should also be labelled to protect the right to know and choice for consumers, organic and conventional farmers, and processors.
Should there be any exceptions to this general principle?
NO
3.1.2 Questions – Genome unchanged by gene technology.
Should food from null segregant organisms be excluded from pre-assessment and approval?
NO
If no, what are your specific safety concerns for food derived from null segregants
The assumption that there have been no unintended genetic, structural or functional changes needs to be assessed before products derived from these techniques are allowed in food. Hence the need for a full safety assessment. A cautious approach is clearly warranted because of the potentially significant and unknown impacts.
3.1.3 Questions – Genome changed but no new DNA
Are foods from genome edited organisms likely to be the same in terms of risk to foods derived using chemical or radiation mutagenesis?
NO
If no, how are they different?
Genome edited organisms have gone through the process of genome editing, including introduction of all the required components to the cells. They therefore carry a greater risk and warrant pre-market safety assessment and approval.
3.2 Questions – Other techniques
Are you aware of other techniques not currently addressed by this paper which have the potential to be used in the future for the development of food products?
RNA interference, which can result in gene downregulation, silencing or activation and has the potential to be used in the future for the development of food products. It poses unique risks such as gene silencing in non-target species that need to be assessed, among other safety assessment steps, before it should be allowed in food. Products produced using RNA interference should also be labelled as genetically engineered for consumer choice.
Should food derived from other techniques, such as DNA methylation, be subject to pre-market safety assessment and approval?
YES. DNA methylation is quite clearly a genetic modification technique and can result in heritable genetic changes. It therefore needs to be assessed for safety before being used in our food.
3.3 Questions – Regulatory Trigger
Do you think a process-based definition is appropriate as a trigger for pre-market approval in the case of NBTs (new breeding techniques)?
YES. Genetically modified organisms pose unique risks and a process-based trigger is appropriate for assessing these risks.
If yes, how could a process-based approach be applied to NBTs?
As stated previously we consider that the new breeding techniques outlined in this consultation paper including RNA interference, fall within the scope of the definition of genetically modified organism under section 2 of the HSNO Act and therefore must be subject to the same laws and safety regulations as all other GMOs in New Zealand.
However significant gaps exist in the law around GMOs in New Zealand. In the HSNO Act there are inadequate liability provisions (e.g. ‘polluter pays’) for any unintended or unforeseen adverse impacts resulting from the outdoor release of an approved GE crop or animal, meaning those causing harm may not be held liable. There is no mandatory requirement for the Environmental Protection Authority (‘EPA’) to take a precautionary approach to the outdoor use of GMOs.
We consider that a process-based approach should also include the polluter pays principle and require performance standards regarding liability and the posting of bonds. Further, a process-based approach should also require products derived from new GE techniques to be labelled to protect the right to know and choice for consumers, organic and conventional farmers and processors.
Are there any aspects of the current definitions that should be retained or remain applicable
Standard 1.5.2 defines “food produced using gene technology” as ”a food which has been derived or developed from an organism which has been modified by gene technology”. It states that “gene technology means recombinant DNA techniques that alter the heritable genetic material of living cells or organisms.” This definition clearly includes gene editing techniques. The intent of the (Australian) Gene Technology Act and Standard 1.5.2 was to capture all new GE techniques. Since RNA interference can also “alter the heritable genetic material of living cells or organisms” through induction of DNA methylation the definition of gene technology in Standard 1.5.2 would be better changed to “gene technology means in vitro (ex vivo or in vivo) techniques that alter the heritable genetic material of living cells or organisms” for clarity.
3.4 Questions – Other relevant issues
Are there other issues not mentioned in this paper, that FSANZ should also consider, either as part of this Review or any subsequent Proposal to amend the Code?
All forms of genetic engineering must be a government regulated activity and done transparently. The public should be able to retrieve data on what technologies have been applied, to enable producers and consumers to choose varieties according to their values and to reinforce the interdependence between consumers and producers.
We consider that information on all new varieties derived from genetic engineering should be made publicly available. Information should include methods used to develop new genotypes, intended new phenotypic characteristics, and identifiable genetic (and other markers) to enable their detection along with indication of the analytic technologies or other information necessary for such dictation and identification.
We consider that traceability and labelling must be made mandatory and should apply to all genetic engineering processes and GMOs at all stages of the production process, all the way through to consumers.
Conclusions
Soil & Health seeks that all new foods derived from new breeding techniques be regulated including: gene editing, such as CRISPR and other techniques, GE rootstock grafting, cisgenesis, intragenesis, RNA interference and null segregants.
We call on regulators to ensure transparency and traceability, and to safe guard producers’ and consumers’ freedom not to use untested GE techniques.
We consider that a moratorium should be placed on the release and commercialisation of all new GE techniques and their products, especially gene drives, until our regulatory system for GMOs is fully adapted to deal with the risks they pose.
Yours sincerely,
Name: Mischa Davis
Position: Policy Advisor
The Soil & Health Association
PO Box 9693,
Marion Square,
Wellington, 6141
Email: advocacy@organicnz.org.nz
Website: www.organicnz.org.nz
Community support for a GE-free New Plymouth
/in GE, Media ReleasesMedia release: Soil & Health Association of NZ 14 March 2018
The Soil & Health Association is encouraging the New Plymouth District Council to adopt precautionary provisions in the New Plymouth District Plan for any genetically engineered (genetically modified) organisms that may be trialled or used commercially.
The Proposed Draft New Plymouth District Plan as currently drafted fails to regulate or make any mention at all of GMOs. It is now open for feedback, and Soil & Health is calling on New Plymouth district residents to make submissions by Friday 16 March at 5 pm.
“We want to ensure that the Council adequately protects the district from the significant adverse effects posed by GMO use by including strong precautionary or prohibitive GMO policies and rules into its District Plan,” says Soil & Health National Council member Marion Thomson.
“We call on the New Plymouth District Council to follow the lead of the other councils around New Zealand that have already adopted precautionary provisions and banned the outdoor release of GMOs via their local policy statements and plans,” says Marion Thomson.
Auckland Council, Far North District Council and Whangarei District Council have all prohibited the outdoor release of GMOs and made field trials a discretionary activity with performance standards regarding liability and the posting of bonds.
GMOs threaten the economic sustainability of a wide range of agricultural activities that benefit from having GE-free status. This includes organic and non-organic primary producers in the New Plymouth District, including dairy, honey, forestry, horticulture and other producers.
“Markets around the world don’t want dairy products, honey and so on that are contaminated with GMOs. There are no benefits to farmers or consumers in planting GE ryegrass for example on pastoral farms,” says Thomson.
“New Zealand has already seen several GE field trials breach the conditions of approval. No matter how carefully conditions are crafted, there inevitably remains a risk that they may be breached by poor management, human error, natural events such as severe storms or even sabotage,” says Thomson.
Current laws are inadequate to properly protect communities from the potential adverse effects of GE. There is no provision under the Hazardous Substances and New Organisms (HSNO) Act for financial liability for GMO contamination resulting from the release of an approved GMO, meaning those people or companies responsible for causing harm may not be held liable.
Once GMOs have been released into the environment, they would be very difficult if not impossible to eradicate. In the case of a food product, the GE-free status of a district would likely be lost permanently, along with the market advantages of that status.
Fortunately, under the RMA, requirements for bonds for remediation and to cover the costs of contamination can be included in district plans if local councils choose to implement them.
Soil & Health’s submission can be viewed at organicnz.org.nz/submissions/submission-draft-district-plan-new-plymouth-district-council. Submissions can be made to enquiries@npdc.govt.nz by Friday 16 March 2018, 5 pm.
ENDS
Media contact
Marion Thomson
027 555 4014