How are GM foods regulated and what is the government's role in this process?

Governments around the world are hard at work to establish a regulatory process to monitor the effects of and approve new varieties of GM plants. Yet depending on the political, social and economic climate within a region or country, different governments are responding in different ways.
In Japan, the Ministry of Health and Welfare has announced that health testing of GM foods will be mandatory as of April 2001^{36, 37}. Currently, testing of GM foods is voluntary. Japanese supermarkets are offering both GM foods and unmodified foods, and customers are beginning to show a strong preference for unmodified fruits and vegetables.
India's government has not yet announced a policy on GM foods because no GM crops are grown in India and no products are commercially available in supermarkets yet³⁸. India is, however, very supportive of transgenic plant research. It is highly likely that India will decide that the benefits of GM foods outweigh the risks because Indian agriculture will need to adopt drastic new measures to counteract the country's endemic poverty and feed its exploding population.
Some states in Brazil have banned GM crops entirely, and the Brazilian Institute for the Defense of Consumers, in collaboration with Greenpeace, has filed suit to prevent the importation of GM crops^39,. Brazilian farmers, however, have resorted to smuggling GM soybean seeds into the country because they fear economic harm if they are unable to compete in the global marketplace with other grain-exporting countries.
In Europe, anti-GM food protestors have been especially active. In the last few years Europe has experienced two major foods scares: bovine spongiform encephalopathy (mad cow disease) in Great Britain and dioxin-tainted foods originating from Belgium. These food scares have undermined consumer confidence about the European food supply, and citizens are disinclined to trust government information about GM foods. In response to the public outcry, Europe now requires mandatory food labeling of GM foods in stores, and the European Commission (EC) has established a 1% threshold for contamination of unmodified foods with GM food products⁴⁰.
In the United States, the regulatory process is confused because there are three different government agencies that have jurisdiction over GM foods. To put it very simply, the EPA evaluates GM plants for environmental safety, the USDA evaluates whether the plant is safe to grow, and the FDA evaluates whether the plant is safe to eat. The EPA is responsible for regulating substances such as pesticides or toxins that may cause harm to the environment. GM crops such as B.t. pesticide-laced corn or herbicide-tolerant crops but not foods modified for their nutritional value fall under the purview of the EPA. The USDA is responsible for GM crops that do not fall under the umbrella of the EPA such as drought-tolerant or disease-tolerant crops, crops grown for animal feeds, or whole fruits, vegetables and grains for human consumption. The FDA historically has been concerned with pharmaceuticals, cosmetics and food products and additives, not whole foods. Under current guidelines, a genetically-modified ear of corn sold at a produce stand is not regulated by the FDA because it is a whole food, but a box of cornflakes is regulated because it is a food product. The FDA's stance is that GM foods are substantially equivalent to unmodified, "natural" foods, and therefore not subject to FDA regulation.
The EPA conducts risk assessment studies on pesticides that could potentially cause harm to human health and the environment, and establishes tolerance and residue levels for pesticides. There are strict limits on the amount of pesticides that may be applied to crops during growth and production, as well as the amount that remains in the food after processing. Growers using pesticides must have a license for each pesticide and must follow the directions on the label to accord with the EPA's safety standards. Government inspectors may periodically visit farms and conduct investigations to ensure compliance. Violation of government regulations may result in steep fines, loss of license and even jail sentences.
As an example the EPA regulatory approach, consider B.t. corn. The EPA has not established limits on residue levels in B.t corn because the B.t. in the corn is not sprayed as a chemical pesticide but is a gene that is integrated into the genetic material of the corn itself. Growers must have a license from the EPA for B.t corn, and the EPA has issued a letter for the 2000 growing season requiring farmers to plant 20% unmodified corn, and up to 50% unmodified corn in regions where cotton is also cultivated⁴¹. This planting strategy may help prevent insects from developing resistance to the B.t. pesticides as well as provide a refuge for non-target insects such as Monarch butterflies.
The USDA has many internal divisions that share responsibility for assessing GM foods. Among these divisions are APHIS, the Animal Health and Plant Inspection Service, which conducts field tests and issues permits to grow GM crops, the Agricultural Research Service which performs in-house GM food research, and the Cooperative State Research, Education and Extension Service which oversees the USDA risk assessment program. The USDA is concerned with potential hazards of the plant itself. Does it harbor insect pests? Is it a noxious weed? Will it cause harm to indigenous species if it escapes from farmer's fields? The USDA has the power to impose quarantines on problem regions to prevent movement of suspected plants, restrict import or export of suspected plants, and can even destroy plants cultivated in violation of USDA regulations. Many GM plants do not require USDA permits from APHIS. A GM plant does not require a permit if it meets these 6 criteria: 1) the plant is not a noxious weed; 2) the genetic material introduced into the GM plant is stably integrated into the plant's own genome; 3) the function of the introduced gene is known and does not cause plant disease; 4) the GM plant is not toxic to non-target organisms; 5) the introduced gene will not cause the creation of new plant viruses; and 6) the GM plant cannot contain genetic material from animal or human pathogens (see http://www.aphis.usda.gov:80/bbep/bp/7cfr340 ).
The current FDA policy was developed in 1992 (Federal Register Docket No. 92N-0139) and states that agri-biotech companies may voluntarily ask the FDA for a consultation. Companies working to create new GM foods are not required to consult the FDA, nor are they required to follow the FDA's recommendations after the consultation. Consumer interest groups wish this process to be mandatory, so that all GM food products, whole foods or otherwise, must be approved by the FDA before being released for commercialization. The FDA counters that the agency currently does not have the time, money, or resources to carry out exhaustive health and safety studies of every proposed GM food product. Moreover, the FDA policy as it exists today does not allow for this type of intervention.