Agro-GMO Biosafety Legislation in China: Current Situation, Challenges and Solutions

23 Pages Posted: 2 Feb 2016

See all articles by Wenxuan Yu

Wenxuan Yu

China University of Political Science and Law - School of Civil, Commercial, and Economic Law

Canfa Wang

East China University of Politics & Law

Date Written: September 1, 2012

Abstract

China’s legal framework of agro-GMO biosafety management mainly consists of four types of laws: the Environmental Protection Law, the legislation specifically addressing agro-GMO biosafety issues, the regulations specifically addressing agro-GMO biosafety issues in other relevant fields, and the technical standards for agro-GMO biosafety. The major legal institutions governing agro-GMO biosafety issues mainly address the arrangement of competent authorities and coordination bodies, risk evaluations, safety measures, labeling, reporting procedures, licensing, supervision and inspection, and emergency response. Although the current legal system and institutions play an active and significant role in agroGMO biosafety management, problems in the legal framework, administrative system, management institutions, and enforcement and compliance are holding up the effectiveness of the legislation. The proposed solutions are fourfold. First, formulate a new comprehensive legislation law on GMO safety, stipulating the arrangement of supervision, research management measures, release, commercialization, transboundary movement of GMOs, emergency responses, and legal liabilities. In the meantime, the government should establish or improve some specific legislation to make it more effective and fill in the gaps of the current legal framework. Second, improve the administrative system by setting up three agencies: a Coordinating Committee of National Biosafety, an Experts Committee for National Biosafety, and a Management Office of National Biosafety. Third, perfect such management institutions as vehicles for risk assessment, contained research management, management of environmental release and commercialization, information disclosure and access, emergency response, and damage compensation. Fourth, strengthen enforcement and compliance by improving the capacity to mitigate the risks posed by GMOs, formulating better policies on the technical support system, and promoting the public’s understanding of agro-GMO safety concerns.

Keywords: Agro-GMO biosafety, legislation, China

Suggested Citation

Yu, Wenxuan and Wang, Canfa, Agro-GMO Biosafety Legislation in China: Current Situation, Challenges and Solutions (September 1, 2012). Vermont Journal of Environmental Law, Vol. 13, No. 4, 2012. Available at SSRN: https://ssrn.com/abstract=2726439 or http://dx.doi.org/10.2139/ssrn.2726439

Wenxuan Yu (Contact Author)

China University of Political Science and Law - School of Civil, Commercial, and Economic Law ( email )

25 Xitucheng Rd
Beijing
China
100088 (Phone)

Canfa Wang

East China University of Politics & Law

Wanghangdu Road, No. 1575
200042, Changning District
Shanghai
China

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