The Draft of Genetic Modification Technology Act Has Been Finally Formulated, While It Aroused Wide Dispute And Its Legislation Is Difficult To Enact.

The draft of “Genetic Modification Technology Act” of Taiwan (基因改造科技法) has been finally formulated after 10 years of preparation, and as a result thereof, this Act shall govern the R&D, application, and sale of genetically modified products.

 

Genetic modification technology develops and advances so rapidly that it in the meantime causes sensitive disputes over medical treatment, environmental protection, ethics, and religion, etc.  In response to such wide disputes, Euro-America countries have been gradually taking control measures and to enacting relevant governing laws, while the genetic modification technology in Taiwan is still governed by administrative regulations enacted by the Department of Health and Council of Agriculture with limited governing scope.  The production of a wide variety of genetically modified products must be the result of the full development of biotechnology, and therefore, it is imperative to establish an integrated administration mechanism and to ensure the legal authorization to respond to the trend.

 

The major content of the Act is to govern the procedures of R&D, field test, import/export, and sale on the market of genetic modification.  According to the Act, the R&D division and suppliers should cite scientific evidence discreetly, take appropriate measures to prevent possible injuries, actualize information disclosure so as to meet the international norms.

 

Also, the divisions and suppliers engaged in genetic modification research shall establish biological safety committee according to the risks level and safety control mechanism set up by the competent authority to administer internal safety.  “Field test”, for example, must be conducted with the competent authority’s approval, and the case of import/export of genetically modified products shall be approved likewise.  In case of the occurrence of significant injury in the process of research, the reporting system shall function to have the competent authority take measures to prevent the injury enlargement.

 

The competent authority should also demand the research division or businesses to disclose relevant information; any significant GM activities shall go through the environmental impact assessment or experts should be commissioned to assist businesses in policy planning therefor.

 

Any violation of relevant regulations shall be punished with a fine more than NT$50,000 up to NT$2,000,000, and civil liability of indemnification. (2006.01)

/CCS