Agriculture Reference
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farmers who had illegally planted the GM soybean lobbied for President
Lula to address the issue. In March 2003, the Federal Government issued
Executive Orders n. 113 and 131 that allowed the commercial use of the
illegally grown GM soybeans for the domestic and international markets
until January 2004.
These presidential orders, which have legal effect, stated that the pro-
visions of the 1995 Biosafety Law did not apply to the 2003 crop. They
also conflicted with the court decision in the Monsanto case, which had
prohibited CTNBio from authorizing the cultivation and commercializa-
tion of GM soybeans in Brazil until proper regulation pursuant to the
Biosafety Law had been developed. The Government thus ignored the
strong opposition expressed by many consumers, environmental groups,
and the majority of Brazilian farmers who had not planted GM soybeans.
In June 2003 the federal government prepared a new Bill on
Biosafety, for the purpose of modifying prior standards and procedures
for the use and release of GM crops in Brazil. An interministerial work
group was created and, after five months of controversial discussion, the
Executive branch proposed a new law. The main feature of this new pro-
posed law was to require evaluation of environmental and health issues
separate from the evaluation of the Biosafety Commission.
The new government also issued a Labeling Decree (Decreto n.
4.680, de April 24, 2003) to ensure consumer rights to information about
GM foods and GM ingredients destined for human and animal consump-
tion. The Decree provides that all products that contain more than 1
percent of GM raw material must be packaged and sold with a specific
label that displays the transgenic symbol prominently, along with one of
the following phrases: “transgenic (product),” “produced with transgenic
(raw material)” or “with transgenic (raw material).” However, the gov-
ernment has had difficulties in implementing a system of traceability that
would allow full enforcement of the Decree, especially with regard to the
labeling of oil and margarine.
Following a series of modifications by the House of Representatives
and the Senate, the new Biosafety Statute (Statute n. 1105/2005) was
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