South African GMO Related Acts and Regulations

DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT (DALRRD)

Genetically Modified Organisms Act (GMO Act; Act No. 15 of 1997)

Genetically Modified Organisms Amendment Act (Act No. 23 of 2006)

Genetically Modified Organisms Act Regulations (No. R. 120 of 2010)

These pieces of legislation regulate all activities with GMOs, including confined research and development, field trials, general release and the import/export of any GMO. See GMO Act resources and guidelines below for more details.

DEPARTMENT OF HEALTH (DoH)

Foodstuffs, Cosmetic and Disinfectants Act (FCD Act; Act No. 54 of 1972)

Foodstuffs, Cosmetic and Disinfectants Act Regulations (No. R. 25 of 2004)

These pieces of legislation control the sale, manufacture and importation of foodstuffs, cosmetics and disinfectants to ensure their quality and safety. The Codex Alimentarius principles and guidelines are accepted as a policy for the food/feed safety requirements of GMOs by the DoH. Regulation 25 relates to the labelling of GM-derived foodstuffs. The DoH’s guidelines for the food/feed safety assessment of GMOs are included in the “Guideline document for working with GMOs” (see DALRRD guidelines below).

DEPARTMENT OF ENVIRONMENTAL, FORESTRY AND FISHERIES AFFAIRS (DEFF)

National Environmental Management: Biodiversity Act (NEMBA, Act No.10 of 2004)

With regards to GMOs the NEMBA confers to the South African National Biodiversity Institute (SANBI) the responsibility to monitor and report on the potential environmental impacts of GMOs released into the environment in South Africa and also establishes a mechanism whereby the Minister of Environmental Affairs may request an environmental impact assessment (EIA), as outlined under the National Environmental Management Act (NEMA), for a particular GMO.

National Environmental Management Act (NEMA, Act No. 107 of 1998)

National Environmental Management Act Amendment Act (Act no. 8 of 2004)

National Environmental Management Act Regulations (No. R.385 of 2006)

List of Activities and Competent Authorities Identified in Terms of Sections 24 and 24d of the National Environmental Management Act, 1998

NEMA regulates products, activities and developments to ensure that they are socially, environmentally and economically sustainable. The environmental release of GMOs is one of the listed activities under this act, which may require an EIA as enabled under NEMBA. The DEFF has provided general guidance with regards to the criteria that may trigger an EIA for a GMO, the general objectives of EIAs and the administrative procedure to follow should the trigger requirements be met (see DEFF Guidance document below). To date, the criteria for an EIA have not been triggered and consequently, no EIAs have been conducted for any of the GMOs that have been released into the environment.

NOTE: An EIA should not be confused with an environmental risk assessment (ERA), which is done for all GMOs as required by the GMO Act.

DEPARTMENT OF TRADE AND INDUSTRY AND COMPETITION (DTIC)

Consumer Protection Act (CPA, Act No. 68 of 2008; Section 24 (6) pertains to GMOs)

Consumer Protection Act Regulations (No. R. 293 of 2011; Section 7 pertains to GMOs)

The act aims to establish national norms and standards relating to consumer protection by, amongst others, ensuring access to information. Section 7 of the listed regulation outlines the labelling requirements for GMO goods.