GE Free Field NZ

Maori Party says no way to Nick Smith’s power grab

The Soil & Health Association congratulates the Maori Party for standing up for New Zealanders who want to live in a GE-Free community and saying no to Nick Smith’s attempt to ride roughshod over local democracy.
“Maori Party co-leader Marama Fox has told the Environment Minister they will not support his attempts to regulate genetically modified crops nationally through the Environmental Protection Agency (EPA),” says Soil & Health Association spokesperson Karen Summerhays.
“This spells the end for Nick Smith’s attempts to control what is grown in New Zealander’s neighbourhoods and available at their local markets.
“Local Authorities won the right to regulate the planting of genetically modified crops in their territories after years of legal battles over whether they could introduce GMO-Free zones through district plan rules.
“By standing up to Nick Smith, the Maori Party has protected this hard-fought democratic right. The Government doesn’t have the numbers to make this change without their support.
“The Environment Minister insists that genetic modification should be regulated on a national level by the EPA under the Hazardous Substances and New Organisms Act, not under the Resource Management Act. Nick Smith’s view has now been found wrong by both the Environment Court and the High Court.
“Clause 360D of the Resource Legislation Amendment Bill – also known as the ‘dictator clause’ – would have allowed the Government to step in if it deemed council plans duplicated central Government laws.
“Soil & Health would like a sub clause introduced to the Bill prohibiting this power being used in relation to council plans which contain a GMO-free zone.
“Otherwise local food producers – and economies – face being hit in the pocket when they lose the lucrative advantage of being able to market their products “GE-Free” alongside those from the world’s premier GE-Free territories; Tuscany, Provence and Burgundy.
“It’s time for Nick Smith to concede defeat and acknowledge that communities should continue to decide whether GMO crops are grown in their districts,” Karen Summerhays says.

Contact – Soil & Health spokesperson Karen Summerhays on 021 043 7858
GE Free Field NZ

Submission on application for the reassessment of chlorothalonil formulations

16 December 2016

 

Hazardous Substances

Environmental Protection Authority

Private Bag 63002

Wellington 6140

 

Submission on application for the reassessment of chlorothalonil formulations

 

Introduction

  1. The Soil & Health Association of New Zealand Inc. (‘Soil & Health’) was incorporated under the Incorporated Societies Act 1908 on 4 December 1942. Soil & Health’s objectives broadly include soil health and the promotion of organic gardening and farming. It has approximately 3000 members, chiefly composed of home gardeners and consumers, organic farmers and growers, secondary producers, retailers and restaurateurs. Its age and membership make it the oldest and largest representative organic organisation in New Zealand.

 

  1. Soil & Health is opposed to the use of harmful pesticides in Aotearoa New Zealand. As an organisation we advocate for farmers and growers to adopt natural, organic, non-harmful methods of pest and disease management. We believe that researchers, farmers and growers should be encouraged to develop and implement nonchemical alternatives to pesticides that foster soil microbial life instead of destroying it.

 

  1. Soil & Health is opposed to the use of fungicides containing chlorothalonil in New Zealand. A number of independent scientific studies have raised serious concerns about the effects that chlorothalonil has on human health and the environment.

 

  1. Soil & Health therefore strongly supports the EPA’s recommendation to revoke the approval of four (HSR000480, HSR000147, HSR000586, HSR100872) non-professional use chlorothalonil formulations and to dispose of the existing stocks of these formulations within the next 6 months. However Soil & Health considers that the fifth outstanding (HSR00618) non-professional use chlorothalonil formulation considered in the application should also have its approval revoked.

Detailed submissions

Adverse effects on humans

  1. We strongly agree with and support the EPA’s statement that “the high toxicity of chlorothalonil means that serious human health effects can develop from even small exposures to chlorothalonil.” Chlorothalonil is listed on the Pesticide Action Network International list of Highly Hazardous Pesticides for global phase out.[1] Chlorothalonil is a known carcinogen, mutagen and an environmental toxin and it is thought responsible for aggravating the health effects of other pesticides. The application itself points out that the hazard classification of the substances are all classified as suspected carcinogens while several are classified as acutely toxic by inhalation, corohesive to the eye and/or as suspected mutagens. The carcinogenic classification in the application is based on findings of kidney tumours in male rats and mice and in female rats following administration in long-term toxicity studies. In a study released by the US government health staff it was found that exposure to certain pesticides, chlorothalonil increased the risks 5.6 fold and 2.4 fold respectfully, of a blood disorder that can lead to multiple myeloma.[2]

 

 

Adverse effects on the environment

  1. According to the Environmental Health Criteria 183 of the International Programme on Chemical Safety chlorothalonil is considered by the World Health Organisation and to be highly toxic to fish and aquatic invertebrates.

 

  1. In a study by the University of Florida it was found that chlorothalonil killed nearly every amphibian at the approximate expected environmental concen­trations to which humans are commonly exposed. The study concluded that future studies should be carried out that directly quantify the effects that chlorothalonil has on amphibian populations and human health.[3]

 

  1. In an article published in the peer-reviewed scientific journal ‘Archives of Environmental Contamination and Toxicology’, it was stated that despite the low water solubility of chlorothalonil it has been detected in Australian waterways, and while chlorothalonil can be readily removed from the water column by binding to sediment or suspended solids in the water, the ecotoxicological data from the literature show that it is acutely toxic to nontarget organisms at concentrations much lower than reported environmental concentrations.[4]

 

  1. Research as shown that children are the most vulnerable, up to 108 times, to fatal aerosol effects of chlorothalonil. The home use of the product increases the risk of exposure to children and adolescents.

Adverse effects of Black Spot and Fungus Spray and Watkins Fungus and Mildew Spray (HSR00618)

  1. We consider that due to the harmful effects of McGregor’s Black Spot and Fungus Spray and Watkins Fungus and Mildew Spray, the approval for these substances should also be revoked. The hazard classifications that these products fall into are fatal, suspected human mutagen, toxic to human organs, skin sensitiser, and corrosive to the eye. They are also very toxic to the aquatic environment, persistent and harmful to soil and terrestrial vertebrates (6.1B, 6.3B, 6.5B, 6.6B, 6.9A, 8.3A, 9.1A, 9.2C, 9.3C).

Failure to meet requirements under HSNO Act

  1. Due to the adverse effects of chlorothalonil listed above, we consider that if the decision-making committee decides to reject the EPA’s recommendations and continues to allow the non-professional use of chlorothalonil formulations in New Zealand it would be failing to recognise and provide for the life-supporting capacity of air, water, soil and ecosystems, as required to do under section 5(a) of the HSNO Act.

 

  1. Section 28 (2)(a) of the HSNO Act requires each application for approval to include the unequivocal on all the possible adverse effects on of the substance and its properties. We consider that this has not been met due to the EPA failing to identify the adjuvant properties of the McGregors and Watkins formulations, which increase the toxicity of pesticides.

 

  1. Section 28 (2) (b) requires that each application for approval include information on all the possible adverse effects of each substance. We consider that the EPA has also failed to meet this requirement as the EPA has not assessed the cumulative and synergistic effects of the two chemicals contained in the McGregor Watkins products, and whether they increase the hazardous rating, making this compound even more eco toxic than if applied singly.

Alternatives to chlorothalonil formulations and other toxic pesticides

  1. Conventional agriculture relies on pesticides to protect crops from pests and diseases, including synthetic herbicides to control weeds, and synthetic fertilisers to promote crop growth. Over time this heavy use of synthetic chemicals reduces the soil biota and the productive capacity of the soil, and creates increased resistance by pests to the chemicals used, as well as the resurgence of secondary pests. These chemicals are also dispersed in the environment, polluting waterways and damaging ecosystems.

 

  1. Numerous studies on the adverse impacts of pesticides and chemical fertilisers have raised awareness about the use of synthetic chemicals in agriculture, how effective they actually are in treating pests and diseases, and the impact they are having on human health as well as the wider environment. People are turning to more natural forms of pest and disease control that are more effective, sustainable and healthier in the long term.

 

  1. Organic agriculture has a holistic approach to pest and disease management that avoids the need for pesticides by instead focusing on building healthy fertile soil with abundant microbial life, fostering natural predators and using natural remedies. Truly well-nourished plants do not attract pests or provide a suitable conditions for pests and diseases to develop. Farmers and producers try to create healthy soil so that plants and animals can be healthy, and build up good natural defenses against pests and diseases. The long-term health of the soil is taken into consideration, rather than trying to deal with the immediate problem with synthetic sprays.

 

  1. The application itself points out that there are several alternatives for use in a home-setting available on the market in New Zealand. The application states that several fungicides with lower hazards are available, including horticultural oils, sulfur, and the biological fungicide (Bacillus Subtilis).

 

  1. We consider that even those fungicides currently available can easily be replaced by non-chemical biological controls that do not have an adverse effect on the environment. We therefore consider that chlorothalonil formulations do not provide any extra advantage.

Conclusion

  1. Due to the many adverse effects associated with the use of chlorothalonil formulations as well as the lack of convincing evidence of both its need and safety the Soil & Health Association consider that the decision-making committee should accept the recommendations of the EPA to take a precautionary approach as required under section 7 of the HSNO Act, and revoke the approval of four non-professional use chlorothalonil formulations (HSR000480, HSR000147, HSR000586, HSR100872) and to dispose of the existing stocks of these formulations within the next 6 months.

 

  1. We further request that the fifth (HSR00618) chlorothalonil formulation also have their approval withdrawn for any importation, storage, sale, copating, or dispersal, until international scientific evidence exonerates this fungicide from any linkage with human health impacts.

 

  1. Soil & Health wish to be in heard in support of our submission.

 

Yours sincerely

 

Name: Mischa Davis

Position: Policy Advisor

 

The Soil & Health Association

PO Box 340002

Birkenhead

Auckland 0746

Phone: 06 8775534

Mobile: 0212667754

Email: advocacy@organicnz.org.nz

Website: www.organicnz.org.nz

 

[1] PAN International List of Highly Hazardous Pesticides, Pesticides Action Network International 2011, p 15.

[2] American Society of Hematology Journal, June 2009 (2,3).

[3] The Fungicide Chlorothalonil Is Nonlinearly Associated with Corticosterone Levels, Immunity, and Mortality in Amphibians, Environmental Health Perspectives, vol 119, number 8, August 2011, p 1098.

[4] Assessing the Chronic Toxicity of Atrazine, Permethrin, and Chlorothalonil to the Cladoceran Ceriodaphnia cf. dubia in Laboratory and Natural River Water, Archives of Environmental Contamination and Toxicology (2013) 64 p 420.

Court ruling highlights the dangers of RMA reforms

A new court ruling highlights how the Government’s RMA reforms will ride roughshod over public participation in resource management and the power of councils to regulate the use of genetically modified organisms (GMOs) within their territories, says Soil & Health Association chair Marion Thomson.
On Friday the High Court rejected Federated Farmers’ bid to oppose court costs for its failed challenge to members of the public and councils that seek to manage the outdoor use of GMOs under RMA plans. Costs have now been awarded against Federated Farmers for a second time.
“Not only has Federated Farmers now been ordered to pay court costs of more than $10,000 to the Whangarei District Council and the Soil & Health Association, but the High Court found it was not acting in the public interest.
“In fact Justice Peters noted Federated Farmers ‘brought these proceedings because it was in its members’ interest to do so’.
“The National-led Government’s Resource Legislation Amendment Bill will jeopardise local authorities’ ability to manage GMO land use by giving the Environment Minister new powers to override council planning rules.
“These reforms threaten the economic sustainability of a wide range of agricultural export activities reliant on GMO-free status, and would override the ability of councils to respond to community concerns about the planting of GMO crops in their area.
“Friday’s ruling further entrenches the legal rights of councils and communities.
“Environment Minister Nick Smith believes genetic modification should be regulated on a national level by the Environmental Protection Authority under the Hazardous Substances and New Organisms Act (HSNO), not under the Resource Management Act.
“He is no doubt under pressure from Federated Farmers who choose to ignore the fact that while HSNO controls the introduction of new organisms (including GMOs), it is the RMA which oversees the environment new organisms are introduced into.
“Nick Smith is being mischievous in suggesting the management of genetically modified organisms under the RMA will stop access to the development of GMO medicines. He conveniently overlooks the fact that GMO veterinary vaccines are already permitted under the Auckland Unitary Plan.
“The Minister’s claims that GMOs were only ever intended to be regulated under HSNO have now been found to be wrong by both the Environment Court and High Court.
“Nick Smith must protect the ability of councils to act in the best interests of their ratepayers and local producers by amending his Bill to explicitly exclude using these new powers to regulate the release of GMOs.
“There are huge uncertainties around the adverse effects of GMOs on natural resources and ecosystems. The risks are large and consequences irreversible.
“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,” Marion Thomson says.

Comprehensive New Review of Monsanto’s Glyphosate Underscores Urgent Need for Global Action

In a “state of the science” review released today, Pesticide Action Network (PAN) International presents a large body of research documenting the adverse human health and environmental impacts of glyphosate and glyphosate-based herbicides and underscores the need for these to be phased out globally. Environmental and health advocates say the monograph on the world’s most widely used herbicide, commonly known as Roundup, should serve as a wake up call for regulators, governments and users around the world.

Adverse human impacts detailed in the review include acute poisoning, kidney and liver damage, imbalances in the intestinal microbiome and intestinal functioning, cancer, genotoxicity, endocrine disruption, reproductive and developmental reduction, neurological damage, and immune system dysfunction.

Aggressive public relations and marketing by glyphosate’s developer, Monsanto, has resulted in the widespread perception that the chemical is ‘safe’. Registration processes continue to allow its use without raising concerns about its safety even as new data identifying adverse effects emerge.

This review dispels the so-called safety claims and highlights the urgent need to re-examine the authorization of products containing glyphosate. A full chemical profile is presented, along with the regulatory status of products containing glyphosate in many countries and information on viable alternatives.

Glyphosate is included in PAN International’s “List of Highly Hazardous Pesticides” (1) targeted for global phaseout. The global network is calling for the herbicide to be replaced by agroecological approaches to weed management in diversified cropping systems and non-crop situations.

Glyphosate is currently sprayed on numerous crops and plantations, including about 80% of genetically engineered (GE) crops. It is also used as a pre-harvest desiccant, so crops such as wheat have a uniform moisture content at harvest time. This practice results in high glyphosate residues in foods. It is also widely used in home gardens and public places including roadsides, and semi-natural and natural habitats. Due to its widespread use, residues are now detected in different types of foods, drinking water, wine and beer; and even in non-food products derived from GM cotton. The extent of human exposure is confirmed by the presence of glyphosate in human urine wherever it has been tested, principally in Europe and North America. It has also been found in breast milk in the USA.

The 2015 classification by the International Agency for Research on Cancer (IARC) of glyphosate as a probable human carcinogen has resulted in widespread concern about its continued use, especially pre-harvest and in public places.

Some countries, including Sri Lanka, Italy and France have imposed a partial ban and/or phase out of the spraying of glyphosate in agriculture and in public areas. The European Union has extended approval for glyphosate for only 18 months instead of the usual 15 years.

Environmental impacts detailed in the monograph are no less concerning, and include adverse effects on ecosystem functioning, pollination services, biological controls, soil fertility and crop health. Residues are widespread in the environment, including in rainwater, surface and ground waters, and the marine environment. Glyphosate can persist in some soils for up to 3 years; and there is some evidence of bioaccumulation.

Resistance to glyphosate is now recorded in 35 weed species and in 27 countries, mostly caused by the repeated use of glyphosate in GE crops, no-till agriculture, and amenity use.

Soil & Health NZ Inc. past co-chair Dr Elvira Dommisse points out that, “the monograph also contains a useful section on alternative weed management and provides information on a wide variety of non-chemical approaches to weed management in various situations. These are people-friendly and environmentally-friendly, resulting in weed management that is benign or even beneficial to ecosystems. We can and should embrace such methods to preserve and restore our soils and waterways and to minimise health risks to human and animals.”

MEDIA CONTACT

Dr Meriel Watts

PAN New Zealand

+64-21-1807830; merielwatts@xtra.co.nz

Dr Elvira Dommisse

021 0575 123 elvira@clear.net.nz

References:

The full Monograph review can be accessed here:  https://pan-international.org/wp-content/uploads/Glyphosate-monograph.pdf 

Supporting document:

(1)  PAN International’s “List of Highly Hazardous Pesticides”

https://pan-international.org/wp-content/uploads/PAN_HHP_List.pdf

Quotes from PAN International representatives:

Keith Tyrell, Director, PAN-UK:

“This new study from PAN International’s team of scientists clearly shows that glyphosate can cause a multitude of health and environmental problems. Our regulators need to wake up and ban this chemical now.”

Dr Meriel Watts, PAN New Zealand:

“The time has come for global recognition of the widespread harm caused to people and the environment from the constant use of glyphosate. For too long regulators have ignored the mounting evidence of damage, hiding behind unpublished studies by Monsanto, which not surprisingly paint a picture of a benign chemical startlingly at odds with reality.”

Fernando Bejarano, PAN Mexico (RAPAM)

“The intrinsic hazards of glyphosate and their use in tolerant transgenic crops are unacceptable if we want to achieve a sustainable food system, so we need a global phase out and a shift in policies promoting instead agroecological alternatives for weed control and crop rotation in diversified crop systems.”

Dr. Peter Clausing, PAN Germany:

“In 2017 the European Chemicals Agency has to decide whether it accepts the compelling evidence for glyphosate’s carcinogenicity and declares it a carcinogen. This would be an overdue acknowledgement of the reality.”

Dr. Emily Marquez, staff scientist, PAN North America:

“The glyphosate mess illustrates the problems with industrial agriculture. Farmers are again trapped on a pesticide treadmill, as widespread adoption of Monsanto’s genetically engineered “Roundup-Ready” crops resulted in glyphosate-resistant superweeds. And yet again, human health impacts of the chemical come to light after years of widespread use. It’s time to shift away from this failing cycle of chemical reliance.”

Jayakumar Chelaton, PAN India

“Every month we get a new story of how glyphosate is harming people in the farms and off farms in rural India. It is clearly damaging people and planet.”

Sarojeni V. Rengam, PAN Asia and the Pacific

“Glyphosate is a highly hazardous pesticide. There are other ecosystem based non-chemical alternatives that do not require the use of such hazardous herbicides.  We therefore urge Monsanto and other agrochemical corporations to stop the production and marketing of glyphosate in order to ensure the health of people and the environment.”

Dr Angeliki Lyssimachou, PAN Europe

“This remarkable compilation of scientific studies reveals that glyphosate-based pesticides -despite what their manufactures’ claim- are far from ‘safe’. Hundreds of non-industry funded studies show that these products are gradually poisoning our people, our environment and its ecosystems. Regulators must stop playing blind and take action to ban all uses of glyphosate.”

Submission on Draft Regional Plan for Northland

23 September 2016

 

Northland Regional Council

Private Bag 9021

Whangarei Mail Centre

Whangarei 0148

 

Submission on Draft Regional Plan for Northland

 

Submission

1.   The Soil & Health Association of New Zealand Inc. (“Soil & Health”) makes this submission on the Draft Regional Plan for Northland (“Draft Plan”) requesting that it include policies and provisions relating to the management of genetically modified organisms (“GMOs”), as allowed under the Resource Management Act 1991 and pursuant to the ruling in Federated Farmers of New Zealand v Northland Regional Council.[1] This submission relates to the Coastal Marine Area, Soil & Water and tangata whenua sections of the Draft Plan.

Reasons

The Law

  1. Soil & Health was a party to Federated Farmers of New Zealand v Northland Regional Council.
  2. That decision ruled that local councils have the power under the Resource Management Act 1991 (“RMA”) to control the use of GMOs via their regional planning instruments.
  3. That decision has recently been upheld by the High Court.[2]
  4. Soil & Health therefore considers that there is jurisdiction for Northland Regional Council (“the Council”) to make provision for objectives, policies, rules and other planning tools in relation to GMOs under the Draft Plan.

Integrated Management

  1. GMO proposals require approval from the Environmental Protection Authority (“EPA”) under the Hazardous Substances and New Organisms Act 1996 (“HSNO Act”).
  2. The HSNO Act consenting process gives particular attention to the technical aspects of managing individual proposals. However, it does not involve:
  • consideration of the geographic distribution of GMO projects;
  • consideration of the need to geographically protect areas of particular value from GMO activities, such as sensitive farming practices (e.g. organic farming);
  • consideration of the preferences of a community; or
  • integration of the management of natural and physical resources, and the effects of GMO activities on natural and physical resources, on a geographic basis.
  1. The HSNO Act does not, therefore, provide a planning framework through which GMOs can be geographically / spatially managed in an integrated manner.
  2. The RMA establishes a regime whereby local authorities are called upon to prepare policy and plans to implement sustainable management on a geographic basis through the use of integrated management of natural and physical resources at a regional level, and integrated management of effects on the environment at a district level.
  3. Consideration of the location and distribution of proposals involving GMOs on a district basis, together with protection of rural resources for organic or biodynamic farming, are important resource management matters for consideration by territorial authorities in carrying out their functions under the RMA.

Potential Adverse Effects

  1. The outdoor use of GMOs has a potential to cause significant adverse effects on the environment. Adverse effects could include (inter alia):
  • biological or ecosystem harm;
  • harm to other existing or potential forms of land use including:
  • organic farming (including organic certification and the requirement to be GMO free); and
  • agricultural activities dependent on an uncontaminated environmental brand.
  1. GMOs have the potential to adversely affect ecological, economic, and resource management values, and the social and cultural well being of people, communities and tangata whenua.
  2. Application of integrated management and a precautionary approach to GMOs under the RMA is the best available technique for managing the potential adverse effects posed by GMOs within the region.

Sustainable Management and Part II

  1. It is consistent with the sustainable management purpose and Part II of the RMA to establish regional plan provisions (e.g. issues, objectives, policies, rules and methods) that manage the release, location and management of GMOs where they have the potential to adversely affect other land use activities.

Decision Sought

  1. The decision Soil & Health seeks from the Council is that the Draft Plan be amended to include the following policies:
  2. To include GMO provisions in the ‘Tangata whenua’ section of the Draft Plan.

 

  1. To include GMO provisions in the ‘Coastal space’ and ‘Coastal works’ sections of the Draft Plan that are the same as in the Auckland Unitary Plan, that being to adopt a precautionary approach to the management of GMOs by:
  2. prohibiting the outdoor release of a GMO in the Coastal space
  3. making outdoor field-testing a discretionary activity in the Coastal space; and
  • including performance standards in regard to liability and the posting of bonds.

 

  1. To include GMO provisions in the ‘Land & water’ and the ‘Discharges to land and water’ sections of the Draft Plan that avoids toxic discharges to land & water from GMOs, thereby avoiding transgenic contamination of soils & waterways.

 

  1. To adopt a resource management framework for the management of GMOs that is Regional specific taking into account environmental, economic and social well-being considerations.

 

  1. Soil & Health considers that it is important that there is consistency between the Auckland Unitary Plan and the Regional Plan for Northland, thereby eliminating cross boundary issues.

 

  1. Soil & Health wishes to be heard in support of our submission.

 

Yours sincerely

 

Name: Mischa Davis

Position: Policy Advisor

 

The Soil & Health Association

PO Box 340002

Birkenhead

Auckland 0746

Phone: 06 8775534

Mobile: 0212667754

Email: advocacy@organicnz.org.nz

Website: www.organicnz.org.nz

[1] Federated Farmers of New Zealand v Northland Regional Council [2015] NZEnvC 89.

[2] Federated Farmers of New Zealand v Northland Regional Council [2016] NZHC 2036.

Submission on Food Safety Law Reform Bill  

Submission to: Committee Secretariat, Primary Production
Submission Author: Mischa Davis
Thursday, September 22, 2016

 

Submission on Food Safety Law Reform Bill

 

Introduction

1. The Soil & Health Association of New Zealand Inc. (Soil & Health) was incorporated under the Incorporated Societies Act 1908 on 4 December 1942. Soil & Health’s objectives broadly include soil health and the promotion of organic gardening and farming. It has approximately 3000 members, chiefly composed of home gardeners and consumers, organic farmers and growers, secondary producers, retailers and restaurateurs. Its age and membership make it the oldest and largest representative organic organisation in New Zealand.

 

2. Soil & Health welcomes the opportunity to comment on the Food Safety Law Reform Bill (Bill). 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 or buying local and organic 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.

 

3. Soil & Health is committed to advocating for clear and honest food labeling in Aotearoa New Zealand. We believe that transparent food labeling is fundamental in allowing people to make informed choices. Soil & Health therefore opposes any changes in the bill that may undermine food labeling in New Zealand.

 

Detailed submission

 

4. Soil & Health recognizes that food safety is an issue in New Zealand. 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.

 

5. 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 the knowledge to make informed food choices. This is only achievable through clear and transparent food labeling.

 

6. Soil & Health strongly supports:

 

a) Mandatory Country of Origin Labelling (MCooL). We are disappointed that the Ministry for Primary Industries (MPI) and successive governments have continually blocked MCooL and that there is only voluntary country of origin labeling by some supermarkets. We know that employment conditions vary between countries and support for different countries can play into people’s food purchasing decisions.

 

b) Labeling of the origin and production method for all meat, eggs and dairy products used in any food, and the source of all seafood. The country where the product is processed should also be identified.

 

c) Labeling standards for animal welfare claims.

 

d) All oils (e.g. palm oil, canola etc.) being specifically declared as an ingredient where used, not just as a ‘vegetable oil’.

 

e) Regulations and guidelines on claims about natural, sustainable, locally produced, fairly traded, and organic, being developed to ensure that people are not misled or deceived.

 

f) GE foods or foods containing GE ingredients being labeled as including or containing GE ingredients. We consider that GE food is inherently risky and is produced unsustainably, mostly with the use of large amounts of glyphosate based herbicides or similar, and can also include toxins engineered to be throughout the food. Trans-Tasman food standards accepted by New Zealand include GE Food labelling, and MPI’s role is to monitor and enforce food standards including that of GE Food, however this has not happened since 2003. We are disappointed that the existing food labeling law is being ignored and that we cannot easily choose between GE or not. Many processed foods have GE components in them however this is almost never declared.

 

g) Labeling of any irradiated food or food ingredient. There have been numerous scientific studies on the harmful effects of food irradiation on human health. Irradiation changes the molecular structure of food, potentially forming toxic chemicals linked to: cancer, organ damage, genetic mutations, immune system disorders, tumours, stunted growth, reproductive problems and nutritional deficiencies. Irradiated foods however, especially from Australia, are becoming more common as some other measures to prevent the risk of Queensland fruit fly coming in through fruit and veges have been stopped. Australian tomatoes, courgettes, capsicum, papaya, mango, lychee, melons and more, are likely to be irradiated. We understand that Queensland fruit fly is an issue, however consider that there are better means of dealing with this issue, such as other phyto-sanitary methods. In in the meantime we consider that all irradiated food should be clearly labeled, as intended by the Trans-Tasman regulations. Currently irradiated food labels are difficult to recognize and causes confusion for consumers. In some cases there may not be any labeling at all. We consider that the words “irradiated” or “treated with irradiation” or “treated with ionizing radiation” should be used very clearly on labels.

 

h) Meaningful pesticide residue testing. MPI has the responsibility of ensuring food is safe from pesticide residues. The Trans-Tasman agency Food Standards Australia New Zealand with input from MPI determines what are said to be safe Maximum Residue Limits (MRL) for fruit and vegetables. MRLs are set so that farmers know how much to limit their pesticide use to stay within the regulators established safety parameters of MRLs. We do not agree with the assumptions made around setting pesticide residue safety limits, as combinations of different types of chemicals are rarely considered, and settings do not adequately consider the vulnerability of developing children. We consider that the safety assessment guidelines have been developed with too much influence from industry and are therefore not independent and miss important human health risks because of narrow guidelines. Further we consider that MPI does not adequately police pesticide residues. MPI is already more than a year late in reporting the normally 5 yearly New Zealand Total Diet Study (NZTDS). The NZTDS assesses exposure to chemical residues, contaminants and selected nutrients from foods representative of the average diet within the New Zealand population. MPI considers any residue under the MRL is safe and focuses on the results that are over MRLs. We consider that MPI misrepresents the results. For example MPI fails to communicate to consumers that not all foods are tested for glyphosate and that most fruit and vegetables in the supermarket will have at least one pesticide residue. We consider that MPI needs to test more often and ensure that consumers know what is really in their food.

 

i) Supporting small scale and local growers and producers. Small food enterprises such as artisan cheese producers, small herd raw milk suppliers, bakers, and preserves sellers, Farmers Markets stall holders and gate sales add to our society and can include the experiences of choice, variety, taste and flavour and closer connection between suppliers and consumers, urban and rural. We consider that exemptions should be included in the Food Act 2014 and Animal Products Act 1999 that explicitly allow for requirements and charges for small business operators to be kept to a minimum and not harmonized with the charges required for larger enterprises, where failure in food safety can result in much more significant outcomes. The Food Act 2014 was never intended to create onerous compliance requirements on small producers and processes, however this is exactly what has happened. The Bill is an opportunity to correct that. We consider that the government should encourage more variety into both rural and urban food choices.

 

Conclusion

7. Soil & Health requests that GE and irradiated food is sufficiently labelled to allow people to make informed choices without being misled and that better compliance enforcement is included in this Food Safety Law Reform exercise.

 

8. We believe in the right of people to be able to access safe and nutritious food, grow diverse and nutritious food, and equip themselves with the resources and knowledge needed to sustain themselves and their communities. The Food Safety Reform Bill should allow and provide for this.

 

9. Soil & Health wish to be in heard in support of our submission.

 

Yours sincerely

 

Name: Mischa Davis

Position: Policy Advisor

 

The Soil & Health Association

PO Box 340002

Birkenhead

Auckland 0746

 

Phone: 06 8775534

Mobile: 0212667754

Email: advocacy@organicnz.org.nz

Website: www.organicnz.org.nz 

GE Free from the Bombays to Cape Reinga

GE Free Northland and the Soil & Health Association are celebrating the Far North and Whangarei District Councils’ decisions to retain precautionary and prohibitive genetically modified organisms (GMOs) provisions in their new District Plans.  This follows Auckland Council’s recent decision to retain similar precautionary and prohibitive GMO provisions in the new Unitary Plan.  The result of which is a GE Free northern peninsula from the Bombay Hills to Cape Reinga.

Whangarei District councilors voted unanimously last week to protect the community, local economy, and environment from the risks of outdoor uses of GMOs.  Their neighbours in the Far North voted a week earlier to introduce similar rules to their District Plan.

“These decisions, and our recent victory in the High Court, represent a huge win for Northland.  Our elected representatives are to be congratulated for their tenacity and commitment in supporting the aspirations of their constituents and protecting our biosecurity,” said Martin Robinson, spokesperson for GE Free Northland.

In June this year, GE Free Northland together with the Soil & Health Association gathered a panel of expert witnesses, mana whenua, and community representatives, to present evidence to the independent commissioners at the councils’ hearings on GMOs.  Both groups offered strong support for the District councils’ proposed precautionary approach to outdoor GE experiments, strict liability provisions, and outright ban on the release of GMOs.

“This is necessary because of serious deficiencies in the Hazardous Substances and New Organisms Act (HSNO Act).  Government agencies have a poor track record in containing outdoor GE experiments, and the law has very limited liability provisions for damage” said Soil & Health Chair Marion Thomson.  “The GMO policies they have now adopted are a sophisticated, collaborative, and fiscally prudent response.”

For more than a decade the Far North District and Whangarei District Councils have worked with the Auckland and Northland Regional Councils to plot a path that works for farmers, the wider community, and the environment.  The councils’ decisions to adopt the independent commissioners’ recommendations help protect the Northland region’s GM Free status, biosecurity, economy, and environment by requiring additional local protections that are not required by the national regulator, the Environmental Protection Authority, under the HSNO Act, with an outright prohibition of release of GMOs.

“Environment Minister Nick Smith has tried to portray local bodies as anti-science and anti-progress.  His claims are untrue, unjustly attempting to denigrate the robust course that our councils have charted,” said GE Free Northland’s Chair Zelka Grammer.

Despite the minister’s statements, the global Non-GMO food market is currently valued at US$250 billion, and trends show this is only going to grow.  It is clear that New Zealand producers benefit from access to this huge non-GMO market.

Soil & Health and GE Free Northland combined represent more than 10,000 members and supporters, including primary producers and consumers, both organic and conventional, who want to avoid genetically modified organisms and products made from them.

CONTACT

Marty Robinson

Spokesperson, GE Free Northland

022 136 9619

Marion Thomson

Chair, Soil & Health Association

027 555 4015

Zelka Linda Grammer

Chair, GE Free Northland

022 309 5039

Pesticide/neonicotinoid submission

Submission to: Hazardous Substances, Environmental Protection Agency
Submission Author: Mischa Davis, Policy Advisor
Wednesday, September 7, 2016

Hazardous Substances
Environmental Protection Authority
Private Bag 63002
Wellington 6140
Submission on application to import the insecticide Celsius

Introduction

1.    The Soil & Health Association of New Zealand Inc. (Soil & Health) was incorporated under the Incorporated Societies Act 1908 on 4 December 1942. Soil & Health’s objectives broadly include soil health and the promotion of organic gardening and farming. It has approximately 3000 members, chiefly composed of home gardeners and consumers, organic farmers and growers, secondary producers, retailers and restaurateurs. Its age and membership make it the oldest and largest representative organic organisation in New Zealand.

2.    Soil & Health is opposed to the use of harmful pesticides in Aotearoa New Zealand. As an organisation we advocate for farmers and growers to adopt natural, organic, non-harmful methods of pest and disease management. We believe that researchers, farmers and growers should be encouraged to develop and implement nonchemical alternatives to pesticides that foster soil microbial life instead of destroying it.

3.    Soil & Health opposes the application to import Celsius into New Zealand due to it containing Thiamethoxam as the active ingredient, which is a toxic neonicotinoid. A number of independent scientific studies have raised serious concerns about the effect neonicotinoids such as Thiamethoxam have on honeybees. A number of countries have banned the use of neonicotinoids due to their harmful effect on bees, until further research is completed. We consider that New Zealand should follow suit.

Detailed submissions

Thiamethoxam
4.    We are aware that Thiamethoxam is already approved for use in New Zealand by the Environmental Protection Authority (EPA) and is registered as an insecticide by the Ministry for Primary Industries (MPI). We understand that this neonicotinoid is already widely used in the New Zealand environment. It was introduced in 1997 in New Zealand, then approved for use in almost all European countries and also registered in the USA and Australia. We consider that the use of this neonicotinoid is already contributing to Colony Collapse Disorder in bees.
EU ban on Thiamethoxam

5.    In 2013 The European Commission voted in favour of a two-year ban of three neonicotinoids, due to their adverse effects on insect populations and a dramatic drop in bee population, and was backed by the European Food Safety Authority (EFSA). The three neonicotinoids were banned from use for two years on flowering crops such as corn, oilseed rape and sunflowers, upon which bees feed. Included in these three was Thiamethoxam. 15 out of a total 27 EU member states supported this restriction. It was stated by EFSA that they posed an “unacceptable” danger to bees. EFSA is currently undergoing a review of this ban however the results of the review could strengthen and tighten the current ban.

Adverse effects of Thiamethoxam
a)    Adverse effects on bees
We disagree with the proposition in the application that Celsius is unlikely to pose a risk to bees and other beneficials when used as intended. Since 2006 honeybees have been dying at a staggering rate in many parts of the world due to Colony Collapse Disorder. Research has shown that neonicotinoids, including Thiamethoxam, are highly toxic to a range of insects, including honeybees and other pollinators. Neonicitinoids can cause significant issues for the health of individual honeybees as well as the overall health of the honeybee colonies. Effects include disruptions in mobility, navigation, feeding behaviours, foraging activity, memory and learning and overall hive activity. Scientists are concerned that exposure to even low doses of neonicotinoids can confuse bees, making it difficult for them to source nutrition or safely return to their hives. One study has suggested that Thiamethoxam, at certain levels, can have negative effects on the bees’ pollination abilities, causing colonies to visit fewer flowers and return with less pollen, and resulting in apples with fewer seeds. This in turn can result in poor fruit quality and a risk of decreased agricultural output down the line. Bees and other insects are vital for global food production as they pollinate three-quarters of all crops. New Zealand’s bee population contribute about $5 billion to our economy annually. MPI has even stated: “Bees are crucial to New Zealand’s primary sector, pollinating around one third of our food sources”. New Zealand’s mānuka honey is internationally renowned and a unique high value export. It is some of the highest valued honey in the world.

b)    Adverse effects on waterways
We disagree with the proposition in the application that the use pattern and controls will mean that exposure to aquatic environments is highly unlikely. The application itself states that Thiamethoxam has a high degree of aquatic ecotoxicity and is harmful to aquatic organisms. We consider that exposure to aquatic environments is inevitable through rain and run-off, the application even states this:  “Celsius could be washed off into waterways following application, resulting in exposure of aquatic organisms.“ The application further states “under conditions of normal use, the product is not expected to end up in water bodies or water ways. It is to be applied at a water rate that ensures complete coverage but without runoff into water bodies” and that “Therefore, Celsius is not expected to pose significant risks to the aquatic.” We argue that ‘normal use’ is not a sufficient indicator of what use is, nor does the application describe what normal use is. A report by the organization Arinka funded by the European Union stated that Thiamethoxam is “very toxic to aquatic organisms/may cause long-term adverse effects in the aquatic Environment.  New Zealand’s waterways are already in a dire state with a staggering 62% of monitored waterways being unsafe for swimming. We consider that allowing the importation of Celsius into New Zealand will further put New Zealand’s waterways as risk.

c)    Adverse effects on humans
We disagree with the application in its statements that “the herbicide presents a low risk to humans and the environment when handled and used correctly.” Due to Thiamethoxam being used as a pesticide on crops we consider that there is a real possibility that residues may contaminate crops. There are various long-term effects associated with particular pesticides that are found in our food, including endocrine or hormonal disruption, cancer, immune system effects, nervous system damage, genetic damage, infertility and birth defects. There is also the risk of occupational exposure, which may occur though inhalation and dermal contact when Celsius is being applied in the field. Mild to moderate poisoning of Thiamethoxam can cause nausea, vomiting, diarrhea, abdominal pain, dizziness, headache, and mild sedation. Severe poisoning can cause seizures, coma, respiratory failure, and even death. Furthermore the application admits that there is a risk that spray drift could occur “resulting in off-target effects and bystander exposure”. We consider that merely having “an economic incentive to ensure the product is applied under circumstances that maximize the amount of active reaching the target area” is not going to mitigate the risk of spray drift.
Failure to meet requirements under HSNO Act

6.    Due to the adverse effects of Thiamethoxam listed above, we consider that if the EPA allows for the importation of Celsius into New Zealand it would be failing to recognise and provide for the life-supporting capacity of air, water, soil and ecosystems, as required to do under section 5(a) of the HSNO Act.

7.    Section 6(e) of the HSNO Act requires the EPA to take into account the economic and related benefits and costs of using a particular hazardous substance. New Zealand’s agriculture and horticulture industry is an important one. We have a large fruit production and export economy. In light of the importance of honeybees and other pollinators to New Zealand’s agriculture and horticulture we consider that importing Celsius into New Zealand puts these industries at risk. If bee populations continue to decline the cost of replacing bee pollinators by other methods in New Zealand would be impossible. The result therefore would be a drop in crop production, a huge rise in food prices, and probably loss of international markets.

8.    We consider allowing Celsius to be imported into New Zealand would adversely affect the sustainability of native and introduced flora and fauna, the intrinsic value of ecosystems, and the relationship of all New Zealanders, especially Maori over their culture and traditions, regarding valued fauna. We consider that the economic loss involved in the matters outlined above outweighs the economic gains of using the pesticide.
Alternatives to Celsius and other toxic pesticides

9.    Conventional agriculture relies on pesticides to protect crops from pests and diseases, including synthetic herbicides to control weeds, and synthetic fertilisers to promote crop growth. Over time this heavy use of synthetic chemicals reduces the soil biota and the productive capacity of the soil, and creates increased resistance by pests to the chemicals used, as well as the resurgence of secondary pests. These chemicals are also dispersed in the environment, polluting waterways and damaging ecosystems.

10.    Numerous studies on the adverse impacts of pesticides and chemical fertilisers have raised awareness about the use of synthetic chemicals in agriculture, how effective they actually are in treating pests and diseases, and the impact they are having on human health as well as the wider environment. People are turning to more natural forms of pest and disease control that are more effective, sustainable and healthier in the long term.

11.    Organic agriculture has a holistic approach to pest and disease management that avoids the need for pesticides by instead focusing on building healthy fertile soil with abundant microbial life, fostering natural predators and using natural remedies. Truly well-nourished plants do not attract pests or provide a suitable conditions for pests and diseases to develop. Farmers and producers try to create healthy soil so that plants and animals can be healthy, and build up good natural defenses against pests and diseases. The long-term health of the soil is taken into consideration, rather than trying to deal with the immediate problem with synthetic sprays.

12.    There are already many similar insecticides on the market in New Zealand. We consider that even those insecticides currently available can easily be replaced by non-chemical biological controls that do not have an adverse effect on the environment. We therefore consider that Celsius does not provide any extra advantage.

Conclusion
13.    Due to the many adverse effects associated with the use of Celsius as well as the lack of convincing evidence of both its need and safety we consider the EPA must take a precautionary approach as required under section 7 of the HSNO Act, and decline this application.

14.    We further request that all existing products using Thiamethoxam have their approval withdrawn for any importation, storage, sale, copating, or dispersal, until international scientific evidence exonerates this neonicotinoid from any linkage with honey bee deaths and Colony Collapse Disorder.

15.    Soil & Health wish to be in heard in support of our submission.

Yours sincerely

Mischa Davis
Policy Advisor

The Soil & Health Association
PO Box 340002
Birkenhead
Auckland 0746
Phone: 06 8775534
Mobile: 0212667754
Email: advocacy@organicnz.org.nz
Website: www.organicnz.org.nz

GMO COURT RULING PROTECTS ENTIRE AGRICULTURAL SECTOR

New Zealand’s biotech industry is not under threat as a result of a High Court ruling upholding an Environment Court’s decision to give regional councils control over use and release of genetically modified organisms (GMOs) in their district, says the Soil and Health Association.

The High Court ruling on Wednesday was based on an appeal by Federated Farmers, which argued the release of GMOs was already regulated by the Environmental Protection Authority and regional councils were not qualified to make such decisions.

Donald Nordeng of BioGro New Zealand says the ruling protects GMO use in healthcare and in agriculture as a whole.

“This ruling confirms that under the Resource Management Act, regional and territorial local authorities can manage the use of GMOs in the same way as any other land use. This does not impact on GMOs used in medicine or the treatment of people.”

“This will not impact on our health industry. A hospital will not need a local consent to undertake its medical work.

“This landmark ruling is about having clarity about the distinction between GMO areas and non-GMO areas and allowing local communities to have a say in the GMO policies in their areas.

“There is no economic or technical reason why outdoor use of GMOs should not be subject to regional and district plans – like everyone else. GMO use, even when approved by the EPA still is not risk free. For example, management accidents could wipe out a neighbouring organic or non-GMO producer’s livelihood, or lead to the loss of GE free status for wider areas.

“This ruling benefits everyone in New Zealand. The global organic food market is currently valued at US$80 billion, with the global Non-GMO market at US$250 billion, and trends show this is only going to grow. All New Zealand farmers benefit from access to this massive non-GMO market, not just organic farmers. This ruling protects our valuable organic export market (worth approximately NZ$240-250 million in 2015) and provides a safe source of supply to the two-thirds of New Zealanders who choose organic products at least some of the time,” Nordeng said.

For more information: Effie Lochrane 027 433 6373 / Anna Kominik 027 472 4293

High Court ruling on GE a win for democracy

The High Court has today upheld the ruling that regional councils do have the right to decide on the provisions, policies, and rules regarding the use of genetically modified organisms (GMOs) in their region.

 

The Soil & Health Association (Soil & Health) celebrates this landmark decision as a win not only in the fight against genetic engineering (GE) and keeping a clean green Aotearoa, but also for democracy as it allows community values and concerns about GMOs to be taken into account when drafting regional policy instruments.

 

Judge Mary Peters ruled in favour of the Whangarei District Council (WDC), Northland Regional Council (NRC), Soil & Health, GE Free Northland and others, dismissing the appeal on all questions raised by the appellants Federated Farmers of New Zealand (Federated Farmers).

 

“We welcome this landmark ruling,” said Soil & Health chair Marion Thomson. “It confirms the ability of all local councils to determine GE policies in their areas. We support communities around the country who want to keep Aotearoa New Zealand clean, green and GE-free.”

 

The decision comes after Federated Farmers appealed the Environment Court’s ruling in May 2015 that there is jurisdiction under the Resource Management Act (RMA) for local councils to control the use of GMOs via regional policy instruments.

 

Federated Farmers challenged that decision in the High Court in February this year where they argued that local government “has no role” in legislating about GMOs and that the Hazardous Substances and New Organisms Act (HSNO), not the RMA, is the overarching legislation that governs how GMOs are used in New Zealand.

 

Judge Mary Peters however stated in her decision today that the Environment Court “was conscious of the overlap between the RMA and HSNO but it was not persuaded that overlap required a conclusion that GMOs (and other new organisms) are required to be excluded from consideration in the promulgation of a regional policy statement or plan.”

 

Background:

Much of the New Zealand public today is still under the impression that New Zealand is a GE-free nation. The truth however is more complex.

1.     GE in the environment: The moratorium on GE organisms (such as crops and animals) in the environment was lifted in 2003, but since then no applications have been made for commercial release, although there are and have been GE field trials.

2.     GE in food and animal feed: While we do not grow any GE crops or animals, there are many imported GE ingredients in our food. As of July 2012 Food Standards Australia New Zealand has approved 53 applications of 71 different GE food lines into our country, and an estimated 70% or more of processed non-organic foods for sale in New Zealand contain GE ingredients. In addition to human food, New Zealand imports large quantities of animal feed which is almost certainly genetically engineered.

 

Significant gaps exist in the law around GMOs in New Zealand. There is a lack of strict liability for GMO contamination resulting from the release of an approved GMO, and no mandatory requirement for the Environmental Protection Authority to take a precautionary approach to the outdoor use of GMOs. Under the HSNO Act there is no requirement for ‘polluter pays’ to ensure companies causing unintended or unforeseen adverse impacts from GE crops of GE animals are held responsible. Due to these gaps in the law, a number of councils around New Zealand have been moving to protect their primary producers and communities by introducing precautionary or prohibitive policies.

 

The Northland Regional Council is one such council which, after receiving hundreds of submission from Northland ratepayers, district councils, Northland Conservation Board, iwi authorities, hapū and community groups, choose to adopt a precautionary approach around the outdoor release of GMOs in the proposed Northland Regional Policy Statement. The Northland Regional Council also identified GMOs as an issue of significance for Northland tangata whenua and an issue of concern for Northland Communities in their Regional Policy Statement.

 

Federated Farmers of New Zealand lodged an appeal with the Environment Court in 2015 opposing these precautionary GMO provisions in the Northland Regional Policy statement. Principal Environment Court Judge L. Newhook however found that there is jurisdiction under the Resource Management Act for regional councils to make provision for the outdoor use of GMOs through regional policy statements and plans. Since comprehensively losing the appeal (which it initiated) on all points of law, Federated Farmers filed a second appeal against the Environment Court’s decision with the High Court.

 

Soil & Health, GE Free Northland, Taitokerau mana whenua, Far North District Council and several other groups and individuals joined the appeal in the High Court as section 274 (interested) parties pursuant to the RMA, in support of respondents Northland Regional Council and Whangarei District Council. Soil & Health was represented by Dr. Royden Somerville QC and Robert Makgill.

 

Dr Somerville argued that Environment Court Judge L. Newhook was correct in his decision that the RMA and HSNO Act hold complementary and not overlapping roles. The two Acts offer different purposes and functional responses to the regulation of GMOs in New Zealand. Thus, regional planning documents can control the use of GMOs as part of promoting sustainable management under the RMA, taking account of regional needs. This argument has today been confirmed by High Court Judge Mary Peters.

 

Soil & Health and GE Free Northland combined represent more than 10,000 members and supporters, including consumers and producers, both organic and conventional, who want to avoid GE. Soil & Health believes that there is no economic, health or environmental case for GMOs. There are huge uncertainties around the adverse effects of GMOs on natural resources and ecosystems. The risks are large and consequences irreversible. If GMO’s 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 land use were permitted.

 

CONTACT

Marion Thomson
Chair, Soil & Health Association
027 555 4014