UK government set to advance precision breeding legislation for gene-edited crops

The Act became law in March 2023. The secondary legislation needed to make it operational is expected to be introduced in Parliament shortly, according to Food Security and Rural Affairs Minister Daniel Zeichner MP, who was speaking at the World Agri-Tech Innovation Summit​​ in London today [September 30].

The move could significantly advance agricultural innovation and strengthen the UK's food security, according to the Agricultural Industries Confederation (AIC), a trade association for the UK agri-supply industry including the feed sector.

Proponents say the new legislation​​ will ensure innovation in plant breeding, enabling a reduction in pesticide use, and boosting climate-resilience in crops. They maintain that precision breeding involves the use of tools such as gene editing to adapt the genetic code of organisms – creating beneficial traits in plants that through traditional breeding would take decades to achieve.

One of the key advantages of such technology is the potential to increase the production of home-grown protein for animal feed, which could reduce the UK's reliance on imported crops like soy, claims the AIC.  

Ed Barker, head of policy and external affairs at that trade group, maintains that gene editing holds significant potential for enhancing UK food security. The AIC will continue to work closely with policymakers to ensure the successful implementation of this legislation, he added.

He also highlighted the cross-party consensus on the issue, noting that the previous Conservative-led government initiated the policy, and that the current Labour government is advancing it.

Opposition​

Opponents argue that the gene-editing regulation primarily serves the interests of one sector.

Pat Thomas, director of Beyond GM, expressed concern when the Bill became law, stating: “The Genetic Technology Act has a single beneficiary – the biotech industry.”

And she said it was entirely appropriate to question the motives and potential consequences of legislation that permits such a large, well-funded industry to operate with minimal regulatory oversight.

The Deregulatory Agenda​

This legislation applies only to England, as the devolved governments of Scotland and Wales currently do not support it.

Before its enactment, and while the UK was still a member of the EU, new genomic techniques (NGTs) were strictly regulated under the EU's genetically modified organisms (GMO) legislation. Post-Brexit, the UK—specifically England—has sought to create its own regulatory framework for precision bred organisms (PBOs), aiming to regulate them ‘proportionately to risk.’ As a result, plants and animals produced using precision breeding techniques are no longer classified as GMOs. This approach mirrors that of countries like Japan, which has already determined that PBOs should not be regulated as GMOs, according to analysis​​ from Osborne Clarke.

England’s more relaxed regulatory stance aims to facilitate the market entry of plants, animals, and food and feed products containing or consisting of PBOs, the report notes.

Under the Genetic Technology Act, an organism is considered 'precision bred' if:

• Any feature of its genome results from the application of modern biotechnology.
• Every feature of its genome that results from modern biotechnology is stable.
• Every feature of its genome could have arisen from traditional processes, whether in combination with selection techniques or natural transformation.
• Its genome contains no features that are a result of artificial modification techniques other than modern biotechnology.

For plants, 'traditional processes' include sexual fertilization, spontaneous mutation, in vitro fertilization, polyploidy induction, embryo rescue, grafting, induced mutagenesis, or somatic hybridization or cell fusion between plant cells capable of exchanging genetic material via the aforementioned processes. Transgenic GMOs remain excluded and are still regulated under existing GMO regulations, according to legal experts.

The anticipated divergence between the EU and UK regulatory frameworks on gene-editing means that businesses operating in both regions will need to navigate distinct sets of rules and requirements, as highlighted by the Osborne Clarke review.

Companies in both regions must ensure compliance with the respective regulations in order to maintain market access and meet safety and labeling standards, according to the law firm.

“As the regulation of GMOs is a devolved matter in the UK, businesses should also be aware that the UK nations may diverge on these issues,” the review notes.

However, food produced using precision breeding techniques in England can still be legally marketed in Scotland and Wales under the UK Internal Market Act.