On May 9, 2001, the Center for Food Safety and a coalition of over 60 petitioners, consisting of consumer and environmental protection organizations along with fishing companies and fishermen, filed legal petitions with the U.S. Food and Drug Administration (FDA), U.S. Department of Interior (DOI), U.S. Department of Commerce (DOC), U.S. Department of Defense (DOD), and U.S. Department of Agriculture (USDA) demanding a moratorium on the domestic marketing and importation of transgenic fish until the FDA adequately addresses impacts to the environment and threats to food safety.
The petition also calls for the FDA to require mandatory labeling for any genetically engineered fish products sold for human consumption, and additionally requests that each federal agency with jurisdiction over an aspect of aquaculture take regulatory action consistent with the requests in the petition.
Currently, there are over thirty-five species of transgenic fish being developed around the world. At least one company, Aqua Bounty Technologies Inc, located in Waltham, MA, is presently requesting approval from the FDA to market transgenic salmon that grow as much as ten to thirty times faster than normal salmon to consumers as food. Aqua Bounty is also genetically engineering other finfish, such as Arctic charr, trout, tilapia, turbot, and halibut.
In that the review process for new animal drugs is secret, the FDA is prohibited from discussing the GE fish application. However, the FDA has told us that answering CFS's petition is a "high priority" and we have learned that the FDA is drafting a guidance document on how it should review the safety of GE animals marketed for human consumption. This document will be published in the Federal Register and CFS is monitoring when it will be released.
Legislative Actions
In 2001, Maryland signed into law a bill that prohibits release of genetically engineered fish into any state waterway connected to another body of water. Following Maryland's lead, the state of California is introducing a bill to prevent GE fish from being grown in the Pacific Ocean. CFS has worked extensively with the California Fish and Game Commission and Department to adopt comprehensive permitting restrictions on the use of GE fish by fish farmers and researchers, and subsequently, California has adopted a regulation requiring anyone who imports, transports, or possesses GE fish to receive a permit. Washington has also recently passed aggressive regulations regarding GE fish and aquaculture.
Grassroots
CFS has successfully activated federal agencies, consumers, chefs, fish retailers, and legislators to protect seafood consumers and the marine environment from GE fish. The Services (National Marine Fisheries Service (NMFS) and the Fish and Wildlife Service (FWS)) have already aggressively acted on the GE fish issue by advising the EPA and the Corps of Engineers to not allow GE fish in net pens in Maine. The Services have also directed FDA to consult with them pursuant to the Endangered Species Act prior to any approval of GE fish (as requested by the CFS petition).
To support the goals of the legal petitions, CFS has distributed postcards to our members, contacts, and stores throughout the country. So far, CFS has distributed over 150,000 postcards among 47 states. We are proud to announce that since the filing of the legal petitions there are over 50,708 comments in the FDA docket, over half of which are from our postcards.
In addition to the postcard action, CFS worked together with Friends of the Earth and Clean Water Action on a campaign to support the goals of the legal petitions. The campaign, Protect Our Waters from Genetically Engineered Fish, asked US grocery store chains, fish distributors, and restaurants to support the petitioners' call for a moratorium on the approval of GE fish and to pledge that they will not buy or sell GE fish should the FDA allow them on the market. This campaign received wide support from fish distributors and restaurants; 270 grocers, 171 restaurants, and 25 distributors have signed the pledge. These signed pledge forms from fish retailers around the country will be submitted to FDA's docket in support of the petition.
