Court rejects lawsuit over GM rice: lawyer

Source:Global Times Published: 2010-3-26 2:11:18

By An Baijie

A Beijing lawyer's request to sue the Ministry of Agriculture, in order to force it to release scientific data about genetically modified (GM) rice, was rejected by a local court.

Wei Rujiu, 40, head of the Beijing Weirujiu Law Firm, told the Global Times Tuesday that he tried to file papers with Beijing No. 2 Intermediate People's Court on March 17 but the court turned him away.

He attempted to collect data about the experiments that were done to show GM rice would be safe for consumers.

A court official surnamed Jiang confirmed Thursday to the Global Times that intermediate courts are not obligated to accept such lawsuits because the lawyer did not prove a direct relationship with the ministry.

He suggested the lawyer apply to other relevant government departments for a solution, Jiang said, without naming the departments.

The current Civil Procedure Law, which was amended in 2007 and enacted in April 2008, stipulates that a plaintiff must have direct interest relations with the defendant, or the court has the right to refuse a case.

Wei said although he didn't have any direct relations with the ministry, GM rice poses potential harm to his health.

"Actually, it's a loophole of the law," Wei said. "As a citizen, I couldn't find a place to demand transparency at the ministry-level government."

Two varieties of GM rice along with a corn received safety certificates from the ministry on November 27. Some critics have expressed fears the rice would harm people's health if sold commercially.

Wei said that he asked the ministry on February 1 for the information about GM rice and the ministry sent him a written response on February 25.

The response did not include any details about the experiments. He wanted to find out how the varieties were produced, their impact on the environment, and their safety.

"The ministry replied to me in a timely and formal way, but claimed that some of the information is State secret, and refused to publicize it," Wei said. "It goes against the basic principle of the publicity of government information."

Wei said he would appeal to the Beijing Higher People's Court. "In the discussions about GM rice, beside the voices of authorities, the opinion of the public and environment protection organizations should also be heard and respected," he said.

It was the latest development after the ministry issued safety certificates to the GM crops. That followed warnings from some that the rice may harm the public.

An official in charge of GM food safety at the ministry said the safety certificates do not necessarily mean the products will be approved for commercial production, said people. com.cn, the website of People's Daily. "There aren't any GM grains planted in the country," the official added.

And the central government stressed earlier this year that the new GM varieties would be industrialized "on the basis of scientific appraisal and legal management," the Southern People Weekly reported.

The issue has divided the public.

"The GM grains have lots of shortcomings," according to the weekly. "Some of the GM grains contained a poisonous protein called BT, short for Bacillus Thuringiensis, which is lethal to some pests." "As long as pests could be killed by the BT, people may worry about whether it could do harm to human beings," the report said.

Some scientists expressed other opinions. Yuan Longping, the well-known expert known as the father of hybrid rice, said last Monday that in order to ease public anxiety toward GM rice, he wants to be the first to eat it, Wuhan Evening Post reported.

GM crops also face controversy in developed countries.

The EU has approved the cultivation of a GM potato and the use of three types of altered maize, saying they don't pose a health risk, although critics accused the European Commission of pandering to corporate interests at the expense of public health, the Guardian reported on March 3.

 


 



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