THIRD WORLD NETWORK BIOSAFETY INFORMATION SERVICE

22 June 2005

Dear Friends and colleagues,

RE: Illegal GM products appear in Japan, Ireland

Bt 10, the unapproved GM maize which was inadvertently exported as Bt11 an approved
variety, has made its appearance in Japan and Ireland.

In response, the Japanese government has asked importers of US corn to obtain
certificates stating cargoes do not contain Bt-10 biotech corn to ensure supplies tainted
with the illegal strain are not shipped to Japan. Unless importers submit certificates to the
ministry before their cargoes reach Japan, the government would test every US corn
shipment upon arrival for traces of Bt-10 and block imports if they test positive.

The directions came after Japan found two US corn cargoes were contaminated with Bt-10,
a genetically modified (GMO) corn strain that is made by Swiss agrochemicals group
Syngenta AG but not approved for distribution.

In response, some US grain exporters have begun testing their corn shipments to Japan for
Bt10.

This move is lauded and we urge all other governments to follow in the Japan's footsteps by
insisting strongly that the US move towards screening all shipments of corn for exports
especially to developing countries which has limited resources to test GM products on their
shores.

With best wishes,

 
Chee Yoke Heong
Third World Network
121-S Jalan Utama
10450 Penang
Malaysia
Email: twnet@po.jaring.my
Website: www.twnside.org.sg

REF: Doc.TWN/Biosafety/2005/B

Item 1

Reuters, 13 Jun 2005

Japan asks importers to get Bt10-free certificate

TOKYO - Japan's Agriculture Ministry has asked importers of U.S. corn to obtain certificates
stating cargoes do not contain Bt-10 biotech corn to ensure supplies tainted with the illegal
strain are not shipped to Japan.

A ministry official said on Friday unless importers submit certificates to the ministry before
their cargoes reach Japan, the ministry would test every U.S. corn shipment upon arrival for
traces of Bt-10and block imports if they test positive.

If importers submit certificates stating cargoes are free of Bt-10, the ministry will not apply
the blanket testing policy to them. Instead the ministry will conduct random checks on their
cargoes to ensure tests are done appropriately, he said.

The directions came after Japan last week found two U.S. corn cargoes were contaminated
with Bt-10, a genetically modified (GMO) corn strain that is made by Swiss agrochemicals
group Syngenta AG but not approved for distribution.

Japan's rules on GMO would force the country's importers to destroy U.S. corn cargoes or
ship them back to the United States if the government finds them contaminated with the
unapproved GMO corn strain, which could result in millions of dollars in losses.

"We expect U.S. corn buyers and shippers will cooperate in arranging tests on shipments
bound for Japan," the ministry official said, adding that certificates would be issued by U.S.
laboratory Gene Scan, which has a detection method for Bt-10.

Japanese importers said on Friday they had asked Syngenta to pay for Bt- 10 tests to take
responsibility for contamination.

If Syngenta refuses to pay, Japanese buyers would have to shoulder costs for testing, which
could lead to a shift in Japanese interest from U.S. corn to other origins, traders said.

"If we are asked to pay more for U.S. corn, we may have to seek cheaper supplies from
other countries," said an official at a major Japanese trading house, citing China and
Argentina as alternative supply sources.

Slow buying

Japanese buying of U.S. corn has been slowing since Syngenta announced in March that
some of its corn seeds in the United States had been mistakenly contaminated with Bt-10
from 2001 to 2004.

Normally, Japanese corn buyers complete their quarterly purchasing programmes for
July-September shipments by mid-June. But this year, only half of their needs has been
covered so far.

Japanese importers were shocked that a second case of Bt-10 had been discovered last
Friday within days of the first report, which came only a few weeks after Japan began
inspections.

More discoveries of tainted cargoes are likely to come as Japan has stepped up its tests
this week.

Japan is the world's largest corn importer, buying about 16 million tonnes annually with 90
percent of that sourced from the United States, the world's top exporter.

Traders said Japanese corn buying could return to a normal pace if U.S. shippers assure
that they will export to Japan corn certified as free of Bt-10.

"If U.S. shippers agree to test cargoes before they are shipped to Japan, they will continue
to be the No.1 corn supplier," another trader said. "Otherwise, Japanese will shift to other
origins."

Under the Japanese feed safety law, the government tolerates up to 1 percent
contamination of feed grain cargo with unapproved GMO if the modified strain is approved
by other countries that conduct GMO safety checks in a similar manner to Japan.

For food-use crops, the Japanese government allows no exceptions to the zero tolerance
rule. The U.S. Agriculture Department and the Environmental Protection Agency have
already concluded that Bt-10 is not a danger to people, animals or plants.

Item 2

U.S. grain exporters test for illegal biotech corn by K.T. Arasu Reuters, 14 Jun 2005 [url at
end]

CHICAGO - Some U.S. grain exporters have begun testing their corn shipments to top
market Japan for an unapproved biotech variety that was detected in two cargoes and has
slowed the pace of sales, traders said on Monday.

The tests are being done voluntarily by the companies to ensure valuable Japanese
importers stay on their clients' list, even as industry officials continue to discuss who should
bear the costs eventually, the traders said.

"Yes, testing is being done," said an exporter who sells corn to Japan, adding that the tests
were being conducted on samples taken from barges before they head down the river
transportation system to export terminals at the U.S. Gulf.

"If the testing is low-priority it's around $180 (per sample), and it can cost three times as
much if it is high-priority," he said, adding that the cost could slash profit margins in the
highly competitive grain business.

The testing comes as Japan's Agriculture Ministry asked Japanese importers to request
U.S. suppliers for certificates declaring their shipments were free of the Bt-10 variety, which
was grown from 2001 and 2004 in the United States.

The Japanese move came on the heels of Swiss agrochemicals company Syngenta AG
seeking approval from the U.S. Food and Drug Administration for its Bt-10 corn, which was
genetically modified to protect it from an insect.

Syngenta spokeswoman Sarah Hull declined to comment on whether the company would
help exporters pay for the U.S. tests.

The North American Export Grain Association said in a note to its members, obtained by
Reuters, that the approval process could be completed in as little as 30 days. NAEGA
President Gary Martin could not be reached for comment.

An FDA approval would open the door for Japan to allow for a 1 percent tolerance level of
Bt-10 in U.S. corn shipments. At present, tainted cargoes have to destroyed or shipped
back.

An industry source said tests would be conducted on every 25,000-bushel pile of corn. A
barge typically carries about 55,000 bushels of corn in a trip to the Gulf coast.

An exporter said testing for Bt-10 corn was being carried out even though there was no
"formal protocol" on testing between U.S. and Japanese authorities.

"I know testing is going on. Everybody is trying to cover their exposure to destinations," he
said of sales to Japan.

"I don't know who is going to eat those costs until a protocol is in place," he added.

Another exporter said shippers were also looking at the possibility of getting declarations
from farmers they buy corn from to attest that they did not grow Bt-10 corn.

"We will get an affidavit from the farmer that he did not knowingly plant Bt-10 and that to the
best of his knowledge his crop is free of Bt-10 corn. This is one of those things being
kicked around," the exporter said.

"Right now we are holding our breath. So far, none of our shipments have tested positive, "
he said.

The exporter said Japanese demand for U.S. corn has dropped after two consignments
were found to contain the unapproved variety in late May. "We didn't sell them a pound last
week." A grain trader who does business in the river barge market said his company was
not testing corn for Bt-10. "We are not doing any testing for Bt-10 although we test for other
things like aflatoxin. But I think we'll probably add Bt-10 to that list at some point," he added.

http://www.checkbiotech.org/root/index.cfm?fuseaction=news&doc_id=10546&start=1&control=214&page_start=1&page_nr=101&pg=1

Item 3

Press Notice from GM Free Cymru
7th June 2005 -- immediate release

SECOND BT10 CONTAMINATION INCIDENT IN JAPAN
Two out of five tests so far reported positive

The Japanese Ministry of Agriculture, Forestry and Fisheries (MAFF) announced on 3rd
June 2005 that unapproved Syngenta GM maize Bt10 has been detected in Tomakomai
port, Hokkaido Prefecture, in an 822 tonne shipment of fodder maize from the USA. This is
the 2nd discovery of unapproved Bt10 in Japan, following the first detection of 390 tonnes
of contaminated maize on 26 May in Nagoya port, Aichi Prefecture.

MAFF is considering the imposition of controls on all imported fodder maize and maize-
based feed shipments from USA, and has demanded that the US government must impose
stricter measures in order to prevent further contaminated shipments from leaving US ports. 
If and when maize contaminated with Bt10 is detected, it will be disposed of, in order to
prevent any distribution in Japan.

The US Embassy in Japan informed the Japanese government in March about the
cultivation of unapproved Syngenta GM maize known as Bt10 (1).  Thereafter MAFF started
to check for Bt10 contamination in 25 targeted locations as from May (2).  According to
MAFF, the feed control team visited Tomakomai port on May 30,  checked 822 tons of
imported feed and detected Bt10.  Only 5 Japanese locations have received their test
results so far, and in two of those Bt10 has been  detected.

When Bt10 contamination is detected, the importer has to cover the cost of disposal under
the Japanese Feed Safety Law, in order to prevent any distribution in Japan. However,
MAFF commented that "presumably we will not find large amounts of contaminated maize.
We have stocks of maize and barley for 2 months, so it will not have an adverse impact on
feed distribution".

MAFF demanded in late March that the US administration should take stricter measures in
order to not to contaminate feed exports to Japan with Bt10. But the US government has
not yet (as of June 3) confirmed that any action will be taken, according to the MAFF Animal
Health and Animal Products Safety Division. The Ministry will continue  to pressurize the US
government on this.

Japan imports 11.6 million tonnes of fodder maize per annum, with 93 % coming from US. 
Japan's fodder maize self-sufficiency is nearly zero, so a large-scale contamination incident
could have a great impact on Japanese
farmers.

Between 2001 and 2004, Bt10 was "accidentally" cultivated on about 37,000 acres in US,
leading to a massive contamination of global fodder maize and maize product supplies (3). 
It is quite possible that Bt10 sweetcorn has also contaminated the human food chain.

Commenting on this latest development fort GM Free Cymru, Dr Brian John said:  "This is
the third positive test report in less than two weeks, coming right at the end of this
contamination incident. Over the past four years, it is quite certain that many thousands of
tonnes of maize products contaminated with the illegal Bt10 line have found their way into
human and animal feed products in the US, South Korea and Japan, and in Europe. This
material could be in canned and frozen sweetcorn and in a vast range of food products on
supermarket shelves.  Syngenta and the US government have been involved in a
substantial damage limitation exercise, as we might expect, but we are amazed that
importing countries have not taken much firmer action against the US exporters by
demanding rock-solid guarantees, supported by documentary evidence, that all raw and
processed products containing maize and leaving  the US are 100% free of BT10
contamination.  This variety is, after all, illegal and probably dangerous, and no trace of it
should be tolerated."

Contact:
Dr Brian John
GM Free Cymru
Tel 01239-820470

Source:  The Japan Agricultural News (2005 June 4) - Unofficial translation  with additional
information from GM Free Cymru-

NOTES:

(1) Syngenta stated in it original press release that "several hundred tonnes" of Bt10 maize
had gone into the global food market.  GM Free Cymru then calculated that the real figure
was closer to 185,000 tonnes, and when a further estimate of 133,000 tonnes was
published in "New Scientist" magazine, the company had to admit the truth, and
acknowledged a distribution of 150,000 tonnes of contaminated grain.

(2)  Japan and South Korea, which are the biggest importers of maize from the US, have
both taken steps to shut off contaminated supplies at the ports.
http://www.iht.com/articles/2005/03/23/business/bio.html

Japan  tests for modified corn from U.S.

Reuters.  Thursday, March 24,  2005
"An official from the  Japanese Health Ministry said inspection offices at Japanese ports
would  start testing samples of corn cargoes from the United States after the  ministry
obtained the necessary data from Syngenta to detect Bt10 ........... If the inspections
discover contaminated cargoes,  the ministry will order importers to destroy them or ship
them back to the  United States. Bt10 is not approved either for human consumption or
animal  feed in Japan, although Bt11 is approved for both purposes."

(3)  The first European Bt10 contamination incident was reported at Greenore Port in
Ireland on 25 May, where 2546 tonnes of contaminated maize gluten feed was unloaded
from the ship Helena Oldendorff.  In this case the cargo was tested in  the US and was
reported positive prior to unloading in Ireland.
http://www.gmfreeireland.org

Further information:

Japanese MAFF: http://www.maff.go.jp/eindex.html

Recombinant DNA Techniques - its potential and safety -
http://www.s.affrc.go.jp/docs/anzenka/colum8_e.pdf
(GMO related laws in Japan including the Feed Safety Law)

Animal Health and Animal Products Safety Division of Japanese MAFF
Tel: +81-3-3502-8206        Fax: +81-3-3502-3385

US Embassy in Japan: http://tokyo.usembassy.gov/

 
Item 4
          
Japan Finds US Biotech Corn, now to Test all Imports
By Reuters
2 Jun 2005

WASHINGTON/CHICAGO - Japan, the biggest buyer of US corn, found an American
shipment tainted with the unapproved Bt-10 biotech variety and will begin testing every US
cargo, a Japanese official told Reuters on Wednesday.

The official, who is familiar with agricultural trade matters, confirmed that last Thursday a
390-tonne shipment to Japan from the United States was found to contain Bt-10.

Bt-10 corn, manufactured by Swiss agrochemicals group Syngenta AG, is engineered to
resist the corn borer insect. It was accidentally mixed with US grain shipments between
2001 and 2004.

"Bt-10 is not approved in Japan and we cannot allow this corn to be imported into Japan,"
the official said.

Last month, the Japanese government began spot-testing some US cargoes for Bt-10 corn.
Japan has a zero tolerance policy on imports of unapproved biotech foods.

"Because of this incident, we will test every US vessel importing corn into Japan," the
official said. "Before that we were doing some sampling testing. But after this incident we
will enhance the tests."

The corn is not approved for use in the United States or Europe, but the US Agriculture
Department and the US Environmental Protection Agency have said the variety does not
pose a danger to people, animals or plants.

Consumers in Japan, a major buyer of American commodities, have long been skittish
about gene-altered food and its possible long-term impact on human health and the
environment.

Despite the contamination, the official said Japan would not halt corn imports from the
United States. "We will continue to import US corn but we have to test it," he told Reuters.

Japan buys about 16 million tonnes of corn annually, with 90 percent of it from the United
States.

TRADERS SHRUG OFF NEWS

Corn futures on the Chicago Board of Trade were unfazed by the news. The July delivery
contract rose 2-1/2 cents to end at $2.24-1/2 per bushel due to concerns that dry weather in
parts of the Midwest could hurt the newly planted crop.

"For the market to react to this you'll need the Japanese government to come out and put a
ban on US corn imports into Japan. But if they do, where else are they going to buy corn
from?" said one exporter, who declined to be named.

However, industry experts warned that corn prices might be affected if more contractual
requirements were to be placed on shipments to Japan, as the cost of providing those
services would have to be accounted for somewhere along the line.

The United States is the world's top corn exporter, with smaller amounts shipped by China,
Argentina and South Africa.

A US trade source said Japan would likely ship the tainted supplies back to the United
States, with Syngenta picking up the tab.

It may not be possible to pinpoint the exact source of the contaminated corn, experts
suggested. Under the US system of collecting it for export, corn is transported from across
the country and funneled into vessels waiting to ship it. So the contaminated cargo may be
traceable only back to the last vessel loading point.

"Japan is our largest export market. For 2004-2005 it imported 22 percent, or 661 million
bushels, of our corn. So obviously we are interested in following this issue," said Rhonda
Lee Dean-Royce, spokeswoman for the National Corn Growers Association.

The European Union already blocked imports of corn from the United States unless
shipments carry proof they are free of Bt-10 corn.

The Syngenta contamination became public in March and the US Agriculture Department
fined the company $375,000.

A spokesman for Syngenta in Zurich said the company knew it was "possible" that some
Bt-10 could be found in Japan.

Last month, a US cargo of corn gluten feed was found tainted with Bt-10 corn and was
impounded on arrival at an Irish port. An industry source said the cargo shipped to Ireland
was one of the few that left US shores for export destinations before a testing program was
introduced.
                                 

Item 5

http://www.gmfreeireland.org/scandal/
ILLEGAL GM MAIZE SHOULD BE RETURNED TO THE USA

2,546 tonnes of prohibited Bt10 maize unloaded at Irish port

Department of Agriculture accused of slapdash procedures and cover-up
downloads:
this press release:
printer-friendly PDF version
http://www.gmfreeireland.org/press/GMFI20.pdf
printer-friendly MS Word version
http://www.gmfreeireland.org/press/GMFI20.doc

  
Illegal Bt10 maize being unloaded at Greenore Port, Ireland, 26 May 2005 ship photographs:

these may be reproduced with attribution "Courtesy GM-free Ireland Network":

medium size (252 kb)
600 x 425 px, 60O dpi psd file
http://www.gmfreeireland.org/gifs/Bt10/GMshipMEDIUM.gif
large size (2.9 MB)
2272 x 1704 px, 72 dpi jpg
http://www.gmfreeireland.org/gifs/Bt10/GMshipLARGE.jpg
 
GM-free Ireland press release
Dublin, 28 May 2005

An illegal shipment of 2,546 tonnes of genetically modified (GM) corn-gluten animal feed
made from the unauthorised Bt10 maize (1) arrived in Ireland aboard the ship Helena
Oldendorff on Wednesday 25 May and was unloaded at Greenore Port in Co. Louth, on
Thursday.

The Bt10 maize, which has for years been mislabelled as a legal GM variety called Bt11,
is not allowed for importation into the EU because it contains an antibiotic resistance gene
which threatens the health of animals and humans (2). But instead of returning the illegal
cargo to the sender in the USA, the Government allowed it to be taken ashore, together
with GM soybean hull pellets and distillers dried grain destined for the Irish food chain (3).

This shipment of Bt10 is the first known case of the banned biotech maize arriving in the EU
since emergency measures were recently adopted by the EC to prevent Bt10 seeping
through European borders (4). According to an EU Commission spokesman, US officials
tested the shipment for Bt10 corn before it left, "and notified to Irish authorities before the
ship arrived" in Ireland. So why did the Government not act in time?

Local eyewitnesses report that Department of Agriculture officials arrived on the scene late,
after the shipment had already been brought ashore. They also said the Bt10 consignment
was improperly unloaded through the same hopper, transport vehicles and storage facilities
used for legal GM and non-GM animal feed, which have thus been cross-contaminated by
the banned Bt10. It is unclear if the cargo was then cleared by Customs. The tainted animal
feed is now stored in a shed at the Greenore quay.

Speaking in Berlin on Thursday, German Minister for Consumer Protection, Food and
Agriculture Renate Kunast called for the shipment to be destroyed because it is illegal in
every country on Earth. She said "this incident shows that the EU must keep its strong
measures; the US authorities must guarantee that their controls are functioning before such
shipments leave the US, and not just after they arrive in Europe." (5)

The fact that over two-and-a half thousand tonnes of the unauthorised Bt10 maize arrived in
a single shipment to Ireland long after the EU required the USA to terminate the practice,
raises the question of how many hundred thousand tonnes of mislabelled Bt10 GM feed
may have been fraudulently sold to Irish cattle and sheep farmers , and consumed by Irish
livestock - over the past 4 years or more. İUS exporters send 3.5 million tonnes of corn
gluten feed to Europe each year, a trade worth some ? 350 million, and most of this is
genetically modified. GM corn gluten has been the main ingredient of compound feeds for
Irish sheep and cattle since 1995, although most farmers were not informed of this until the
EC's GM labelling laws came into effect last summer. Premium Irish beef exporters are
already being excluded from leading European markets if their animals are fed on GM
feed. (6)

Nobody knows how much Irish beef and lamb has been contaminated, eaten by Irish
consumers, or exported under Ireland's clean green food island brand image.

In an attempt to cover-up the scandal on Wednesday 25 May, the Irish Department of
Agriculture and Food issued a press release (7) which referred to the illegal Bt10 shipment
as a "sample", failing to disclose the fact that this so-called sample consists of 2,546
tonnes -- enough to fill over 85 lorries and feed over six million cattle and sheep. (8)

The Government said "the material will be detained in a holding store at the point of arrival
until disposal can be arranged. Further sampling and analysis will be conducted to ensure
that any associated lots are not contaminated." A Department of Agriculture and Food
spokesperson said "We are satisfied that the testing arrangements and protocols that are
in place worked very well."

But as representatives from around the world gather this week and next in Montreal for the
second round of negotiations on the Cartagena Protocol on Biosafety, US arguments
against the EU's mandatory labelling and precautionary approach to legalising GMOs
include claims that current testing methods for GM food ingredients should be abandoned
because they are "unreliable". Michael Schechtman, executive secretary of a US
Agriculture Department biotechnology committee said "many of the requirements (on
biotech labelling and tracking) do not match the ability of current testing methods to detect
their presence or do not yield consistent results."

Leading scientists concerned about the reliability of the Bt10 detection methods are now
claiming a major cover-up. Dr. Mae-Wan Ho and Professor Joe Cummings of the
Independent Science Panel on GM stated that the Bt10 testing method probably involves
scientific fraud. (9)

The GM-free Ireland Network (which represents over 32,000 farmers, food producers,
retailers, and restaurants North and South of the border) today called on the Government to
return the outlawed GM maize to the US. (10)

GM-free Ireland spokesperson Michael O'Callaghan said "Importing this illegal GM animal
feed is a violation of EU law. For the government to cover up the scandal by describing
over 2,500 tonnes as "a sample" is outrageous. The Irish government should make use of
its legal right, under the Cartagena Protocol on Biosafety (11), to refuse the importation of
any GM seeds, crops, trees, fish, livestock, animal feed or food, based on the Precautionary
Principle. It is disgraceful that while the Biosafety Protocol conference takes place in
Canada and Ireland's Environmental Protection Agency hosts the European Enforcement
Project conference for regulators of Genetically Modified Organisms (GMOs) in Dublin
today, our Government simultaneously violates EU law by allowing this dangerous and
illegal shipment of GM animal feed to be unloaded unto Irish soil with virtually no control
over handling procedures."

ENDNOTES
 
(1) The Bt10 maize, patented by the Swiss agri-biotech firm Syngenta, is prohibited in the
USA and Europe because it contains an Ampicillin resistance marker gene which may
confer resistance to this common antibiotic used to treat bacterial infections. This could
create new "superdiseases" with no possibility of cure. İAccording to an Opinion issued
by the European Food Safety Authority Scientific Panel on Genetically Modified Organisms
in 2004, "Ampicillin resistance marker genes should not be present in GM plants to be
placed on the market". No official information has been forthcoming regarding the
Ampicillin resistance marker gene in Bt10, nor any attempt to ascertain whether the marker
gene has contaminated other GM and conventional varieties of maize which are routinely
sold to Irish farmers to feed their cattle and sheep.

Moreover, like many GMO crops, Bt10 maize also produces its own insecticide. According
to the (US) Institute for Responsible Technology, transgenic DNA from GM plants has been
found to survive digestion and become lodged inside otherwise harmless bacteria that live
in the human digestive system. The risk is that this could turn people into living pesticide
factories.

Most GM crops contain novel combinations of DNA (taken from viruses, bacteria, plants
and animals) which evolve and interact with the living organisms and ecosystems in which
they are released, and whose long-term health and environmental impacts are thus
scientifically impossible to predict. Genetically modified organisms (GMOs) tend to be
genetically unstable, don't always perform as expected, threaten biodiversity, and create
superweeds. The Food Safety Authority of Ireland (run by a former biotech industry
executive) claims that GM animal feed and GM food are safe, despite no long-term health
studies to prove this assertion. Independent scientists with no financial ties to the biotech
industry have published evidence that transgenic DNA in food may survive digestion and
activate inside your body. Apart from the possibility of turning you into a living pesticide
factory, other GM food risks include new diseases, allergies, reduced immunity and
antibiotic resistance. Scientific evidence from around the world proves that GMO crops
inevitably contaminate surrounding regions, can never be recalled, and cannot possibly "
co-exist" with conventional and organic farms. But the Irish Government has never voted
against their legalisation in the EU Parliament and is currently trying to "ensure their
co-existence" in Ireland.
 
(2) Dr. Philip Michael MICGP, Chairman of the Irish Doctors Environmental Association
(IDEA) issued a statement on Friday stating "both the theoretical and proven adverse
effects of GM foods are well known. There is a major global health risk looming in terms of
antibiotic resistance of microorganisms commonly encountered in daily medical practice.
Ampicillin is still one of the safest and most useful drugs in adult and paediatric practice in
many parts of the world. Anything which could jeopardise its usefulness by increasing the
rate of resistance development has to avoided at all costs, hence he importance of
removing all traces of Bt10 maize from the animal and food chain."
 
(3) The Bt10 shipment was being sent to Arcady Seeds in Dublin.
 
(4) The Swiss biotech giant Syngenta (formerly Novartis) has been selling the illegal Bt10
maize mixed up with a legal variety called Bt11 for the past four years or more in the USA,
resulting in about 133 million kilograms of the maize making its way into the human food
chain in the USA and Europe. Syngenta and the US government were able to cover up the
scandal from December 2004 until the story broke on 22 March 2005 in the science journal
Nature. Syngenta claimed the Bt10 is substantially equivalent to the legal Bt11 variety, and
that in any case only 1,000 tonnes had been placed on the market during the four year
period. The US government only fined Syngenta § 270,000. In the following weeks,
Syngenta refused to make public the information needed for governments to test food and
feed imports for the illegal GM maize.
 
(5) Under pressure from public protests across Europe, on 18 April, the European Union
blocked all imports of genetically modified corn-gluten feed and brewers grain from the
USA unless they are accompanied by an analytical report by an accredited laboratory
which demonstrates that the product does not contain the unauthorised maize Bt10.
Scarcely a week later, the EU authorities announced that Syngenta had presented a
detection test for Bt10, which was already validated by the EU authorities.
 
(6) This information is provided by the Kepak Group (http://www.kepak.com). This Irish
company is one of Europe's leading food processing firms with sales offices throughout
Europe, an annual turnover of over ? 500 million and which processes in excess of 400,000
cattle, 2.5 million lambs and 15,000 tons of consumer foods per annum. Some of Kepak's
prime EU clients have informed Kepak they refuse to continue buying the company's
flagship KK Beef Club "designer beef" brand of premium Irish grass-fed beef if it comes
from GM-fed cattle.

For a detailed overview of European market rejection of GM food, see the report "No
market for GM foods in Europe" published by Greenpeace in January 2005. This well
researched document shows that the EU market for GM labelled food products is virtually
closed. Europe's top 30 retailers and top 30 food & drink producers have policies and non-
GM commitments which reveal a massive international food industry rejection of GM
ingredients. This cuts across the industry from food and drink manufacturers to retailers,
and includes everything from snacks and ready meals to pet food and beer. The combined
total food and drink sales of the 49 companies with a stated non-GM policy in their main
market or throughout the EU (27 retailers and 22 food and drink producers) amounts to ?
646 billion, more than 60% of the total ? 1,069 billion European food and drink sales. Irish
food companies doing business internationally need to implement a non-GM policy without
delay. Download report (2MB PDF file) from http://www.gmfreeireland.org/downloads/NoMarketForGMFood.pdf

(7) The full text of the Department of Agriculture and Food press release of 25 May 2005:

"Department applies new EU controls to import consignment of an unauthorised animal feedstuff

In early 2005 the European Commission was informed of the inadvertent release of an
unauthorised Genetically Modified Maize (Bt10) onto the market in the US. Measures were
immediately put in place to ensure that this material would not enter the animal feed chain
in EU Member States (Commission Decision 2005/317). These measures relate to two
by-products of maize that are used in animal feed, namely Maize Gluten Feed and Distillers
Dried Grains originating in the US. In accordance with the Commission Decision all imports
of these two feedstuffs must be accompanied by certification from an accredited laboratory
which demonstrates that the product does not contain the unauthorised Bt10 Maize.

In accordance with the Decision, the Department of Agriculture and Food has been
applying this certification requirement to imports from the US of the relevant feedstuffs.

The Department has in recent days been informed by an Irish importer that a sample of a
consignment of Maize Gluten Feed destined for Ireland had tested positive in an accredited
laboratory in the US for the presence of the unauthorised Bt10 maize. The material was
already en route when the laboratory results were obtained. In accordance with the
Commission Decision the material in question will not be allowed enter the animal feed
chain and will be disposed of. The material will be detained in a holding store at the point
of arrival until disposal can be arranged. Further sampling and analysis will be conducted
to ensure that any associated lots are not contaminated."
 
(8) Most Irish beef and lamb comes from animals fed on GM animal feed. The amount
consumed depends on the type of animal and the season of the year. According to the
Irish Cattle and Sheep Farmers Association, a typical dose for cattle being fattened for
market is of 4 or 5 Kgs per day, of which 5 to 10 per cent may consist of GM corn gluten.
Animal feed for lambs may contain up to 30 per cent of GM corn gluten. A single feed of
Bt10 could confer antibiotic resistance to common bacteria.
 
(9) Dr. Mae-Wan Ho and Professor Joe Cummings said: "The detection method for
Syngenta's illegal GM maize is flawed; there must now be a full disclosure of information
and access to reference material for retrospective risk assessment and risk management."
A leading scientist, who spoke on the condition of anonymity, said the data which Syngenta
provided to the EC to help identify the contaminated shipments is "very suspicious".

Dr. Brian John of GM-free Cymru (GM-free Wales) raised concerns about Syngenta's
attempt to control the testing for Bt10 by setting up a monopoly with only one private lab
havingİ'official' reference material. "This lab isİknown to be closely cooperating with
Syngenta, and so the question of impartiality of testing is a real one. For instance, might
that labİhave a behind the scenes agreement with Syngenta that they will report any
positives toİSyngenta first, even before reporting the positive to the customer who sent in
the sample?İ" Dr. John also said that Bt10, like most GM crops, is probably genetically
unstable and that its transgenic DNA may have changed since it was first patented. He is
concerned that the validation trial was conducted on just one undated sample of Bt10
maize selected and submitted by Syngenta. "This sample may not truly represent the nature
of Bt10 as it is today, more than ten years after its initial development."

(10) The GM-free Ireland Network declared over 1,000 GMO-free zones North and South of
the border on 22 April 2005, as a first step in protecting the right of Irish farmers and
consumers to choose safe GMO-free food and farming. They want the Governments of the
Irish Republic and Northern Ireland to prohibit GMO seeds, crops, trees, fish, livestock,
animal feed and food on the island, in order to protect Ireland's world famous clean green
food island image and enable Irish farmers to secure their fair share of the rapidly growing
market for the safe GM-free food which the majority of EU consumers demand. The
GM-free Ireland Network also encourages Irish County Councils to join the European
Network of GMO-free Regions which includes over 100 regions and 3,500 local areas that
prohibit GMO farming in 22 EU countries. For more information visit the GM-free Ireland
web site at http://www.gmfreeireland.org
 
(11) The Cartagena Protocol on Biosafety, to which the EU is a party, recognises the right
of any country to say "no" to GMOs on the basis of the precautionary principle. Ireland thus
the legal right to prohibit or restrict GMOs when there is scientific uncertainty about their
short to long-term safety. The Protocol explicitly upholds the right of Parties to ban imports
of GMOs and to impose higher safety standards. The treaty recognises the Precautionary
Principle whereby governments should take preventative action before environmental
damage starts to occur, when there is a reasonable cause for concern. Since the Biosafety
Protocol was drafted and negotiated in the years 1999 and 2000, scientific backing to the
precautionary principle has increased in the light of additional evidence on the risks of
genetically modified organisms to biodiversity (e.g. the Mexican maize contamination case,
among others). A ban or embargo on GMOs in the Irish Republic and Northern Ireland
would therefore be fully legitimate and backed by science. Details may be found in An
Explanatory Guide to the Cartagena Protocol on Biosafety. IUCN Environmental Policy
and Law Paper No. 46. Published by IUCN - The World Conservation Union, Gland,
Switzerland, 2003. ISBN: 2-8317-0671-8.

Can be ordered online from: www.iucn.org/bookstore, tel: + 41 22 999 0001.

PERSON TO CONTACT

Michael O'Callaghan
Co-ordinator, GM-free Ireland Network
tel + 353 (0) 404 43 885
mobile: + 353 (0) 87 799 4761
email: mail@gmfreeireland.org
www.gmfreeireland.org

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