Gene-edited crops clear CFIA’s regulatory bar

Agency guidance puts gene editing on level of conventional breeding

Reading Time: 4 minutes

Published: May 4, 2023

File photo of a CFIA vehicle. (Dave Bedard photo)

Plants gene-edited for efficient use of water or nutrients or to better withstand pests or drought now won’t have to clear the same regulatory hurdles in Canada as any crops that are modified for herbicide tolerance or include foreign genes.

Federal Agriculture Minister Marie-Claude Bibeau on Wednesday announced updated guidance from the Canadian Food Inspection Agency that sets gene-edited seeds on the same regulatory level as conventionally-bred seed varieties.

Taken with last year’s related updates by the federal health department to Canada’s Novel Food Regulations, CFIA’s new opinion opens the door for gene-edited seeds’ unregulated use in Canadian fields.

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Grower groups whose members have waited years for gene-edited seed to come to Canada lined up Wednesday to hail CFIA’s decision as a potential watershed moment for the domestic ag industry.

But advocates for Canadian organic growers, whose buyers consider gene-edited to also be genetically modified, say the decision will leave the organic sector dependent on seed and biotech firms’ willingness to disclose their handiwork.

Risks not ‘unique or identifiable’

In its updated directive, CFIA said it’s the “scientific opinion of (the agency) that gene-editing technologies do not present any unique or specifically identifiable environmental or human health safety concerns as compared to other technologies of plant development.”

With that in mind, CFIA said it “does not foresee an outcome of conventional breeding where an authorization for environmental release would be required, other than in the case of herbicide-tolerant plants.”

In other words, a company wanting to release a plant with novel traits (PNT) will still need to apply for, and receive, CFIA authorization before that plant is released into the environment — that is, if the PNT still has any DNA from foreign organisms, and/or a new commercially-viable herbicide tolerance trait.

That would also apply to any gene-edited PNT in which any foreign DNA used to encode “gene-editing machinery” — such as in the CRISPR process — remains in the final product and hasn’t been removed through rounds of breeding and selection.

In cases where a plant isn’t a PNT, CFIA said, a plant’s proponents are “expected to fully participate in mechanisms that provide transparency about non-novel products” — such as the Health Canada Transparency Initiative and the Canadian Variety Transparency Database.

It also “remains the proponent’s responsibility to notify the CFIA if the plant could have significant negative environmental impacts and be considered a PNT.”

CFIA said its decision follows consultations with plant breeding, industry and regulatory experts and stakeholders, as well as a public consultation that ran from May through September 2021.

In its release Wednesday, the federal ag department noted the U.S., Japan, Australia, Argentina and Brazil have already “clarified the pathway” for gene-edited products, while New Zealand, the U.K. and the European Union (EU) “are in the process of doing so.”

‘Trusted and safe’

Canada’s competitiveness in world ag markets — and its crops’ resilience against environmental and climate stresses — were common themes among the groups hailing CFIA’s decision Wednesday.

“The CFIA’s updated guidance helps Canada stay competitive on the global stage,” Krista Thomas, vice-president of seed innovation for the Canada Grains Council, said in a separate release.

“Many of our trading partners have already adopted similar science-based policies, and farmers outside of Canada have been growing gene edited crops since 2015. When we let the science be the core of regulatory decision making, we know that the end result can be trusted and is safe.”

Keith Currie, president of the Canadian Federation of Agriculture, said in the government’s release that CFIA’s new guidance “will ultimately help Canadian farmers access new plant varieties that are more resilient to pests and extreme weather events and support our food security and sustainability objectives.”

Greg Sears of the Alberta Wheat Commission said seeds gene-edited for efficient use of resources give farmers “another opportunity to manage inputs more effectively, while sustaining ecosystems and reducing greenhouse gas” — an important development after another year in which Alberta growers “seeded the most expensive crop in recent history.”

Canola Council of Canada president Jim Everson said the guidance will also “encourage new and additional research and development investment in Canada.”

Soy Canada, in a separate statement, noted the country’s soy industry has “excelled at meeting diverse customer needs” including organic, non-genetically modified, genetically modified and identity-preserved soybeans — and meeting any such specific needs “remains an important priority for the industry.”

“Our customers know that we excel at providing a diverse range of products,” Soy Canada’s executive director Brian Innes said in a release. “We’re committed to continue providing customers what they want once we commercialize soybeans created using gene editing.”

‘Shocking’

Other groups, however, don’t expect the new guidance will assure buyers looking for non-GMO or organic crops from Canadian growers.

In a joint release Wednesday, several such groups said CFIA’s guidance means gene-edited crops that have no foreign DNA — and any foods produced from those crops — “will not go through any government approval process at Health Canada or the CFIA, but can be released onto the market by companies without any safety data submitted to the government.”

Given that organic standards allow only for conventionally-bred crops and not for gene-edited or genetically modified plants, the result will be “unknown (genetically modified) foods and seeds on the market that have not been subject to any independent safety assessment,” they said.

Lucy Sharratt, co-ordinator of the Canadian Biotechnology Action Network, called CFIA’s guidance “a shocking abdication of responsibility by our regulators” that “asks Canadian farmers and consumers to trust unseen corporate science.”

Allowing gene-edited seed to enter Canadian agriculture unchallenged could “ultimately destroy the systems that farmers and many food companies have set up to deliver non-GM choices to consumers,” National Farmers Union president Jenn Pfenning said in the same release.

“This decision needs to be reversed, or over time, it will eliminate our ability to offer reliable non-GM food choices, including organic food.”

Garry Johnson, president of SaskOrganics, said “not ensuring full disclosure of all GM seeds through a mandatory public registry, will make it challenging for organic farmers to meet the requirements of the Canadian Organic Standards.”

‘Informed decisions’

In her release Wednesday, Bibeau said that “in light of discussions with the government-industry committee, we will protect the integrity of organic certification.”

Her announcement Wednesday included plans for creation of a “government-industry steering committee on plant breeding innovations transparency, to facilitate ongoing discussions as gene-edited products are introduced in the marketplace.”

Bibeau also said an expansion of the Seeds Canada Canadian Variety Transparency Database will provide transparency around individual seed varieties — and new federal oversight of that database “will ensure (its) completeness and robustness.”

Bibeau also committed Ottawa to “again provide funding to support the review of Canada’s organic standards.” Those standards, updated every five years, are next due for renewal in 2025.

CFA’s Currie, in the government’s release, said those commitments “will help ensure farmers can continue to make informed decisions on what they produce.” — Glacier FarmMedia Network

About the author

Dave Bedard

Dave Bedard

Editor, Grainews

Farm-raised in northeastern Saskatchewan. B.A. Journalism 1991. Local newspaper reporter in Saskatchewan turned editor and farm writer in Winnipeg. (Life story edited by author for time and space.)

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