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Unknown Brazilian
Courts Suspend Release of Biotech Soy
In a major victory for consumer groups and ecologists who seek caution in
the introduction of genetically modified plants and foods, Judge Antonio
Souza Prudente of the 6th Circuit Court of the Federal Justice system in
Brazil's capital city, Brasilia handed down a ruling on Friday June 18 in
response to a suit by the Brazilian Institute for Consumer Defense. The
ruling prohibits the planting and/or marketing of genetically modified
Roundup-Ready soy. The judge required the Monsanto and Monsay corporations
to submit an environmental impact study prior to any commercial-scale
release of the product into the environment.
In a strongly worded opinion defending the principle of precaution, Judge
Prudente states
"The questions raised by genetic engineering will not be resolved by the
laws of market alone, rather they will resolved by the rigorous respect to
the legislation which protect life, as established by our laws and
Constitution.
The court order determines that:
1 - The sued companies, Monsanto do Brasil Ltda. And Monsay Ltda. Must
submit an Environmental Impact Sudy prior to any approval of the product,
in the form determined by Art. 225 of the Federal Constitution, as a
pre-requisite for commercial scale planting of Roundup-Ready soy;
2 - The above-mentioned companies are prohibited from marketing
genetically modified soybean seeds until such time as the competent public
authorities issue technical regulations for biosafety and for labelling of
genetically modified organisms;
3 - All commercial-scale cultivation of this product is suspended, until
such time as the technical concerns expressed by renowned scientists with
regard the possible deficiencies in the analysis by the National Comission
on Biosafety (CTNBio) of the administrative petition for deregulation of
the product, are duly clarified ;
4 - The sued companies must submit, within ten days, a certificate of of
Quality in Biosafety - CQB, of Brazils laws on Biosafety (law 8974 of 1995
and Decree 1752 of 1995).;
5 - The CTNBio must submit copies of the Curriculum Vitae of all of its
members for judicial verification of the qualifications required in the
Biosafety laws, as well as copies of all of the documentation in the
relevant administative files;
6- Requires that the Ministers of Agriculture, Science and Technology,
Environment, and of Health by personally served with court orders that
they may not authorize the sued companies to to engage in the planting or
marketing of these products until such time as these judicial requirement
are fully met, and suspending any such authorizations which may have been
issued to date;
7 -Establishes a fine of 10 minimum wages per day (US$80) if these
requirments are not met , to be paid by the infractors, be they public or
private; |