Finally, scientific literacy counts

Important news:

The Bundesamt fuer Verbraucherschutz und Lebensmittelsicherheit concludes in an recent publication (28 February 2017) that:

" it can thus be concluded that plants which exhibit point mutations induced by means of ODM (oligonucleotide-directed mutagenesis 9 and CRISPR-Cas9 techniques do not constitute GMOs within the meaning of the Directive. It is not only the use of a genetic engineering method that is decisive for classification as GMO but also the resulting product. This must differ from plants, which could also arise through conventional breeding methods. For the point mutations in question here, this is not the case.

Those genetic modifications could also arise through other mutagenesis techniques. Even if such plants were regarded as GMO, the exemption rule of Article 3(1) in conjunction with Annex I B,No. 1would apply, as causing point mutations by the application of new plant breeding techniques could be regarded as a mutagenesis technique. The fact that it is a new technique that is being dealt with does not contradict this conclusion either.

For recital 17 merely reflects the legislator’s intention to exclude methods which have conventionally been used and which have a long safety record from the scope of application of the Directive. Due to the fact that the induced modifications could also be generated through conventional mutagenesis techniques and are not distinguishable from them, the protective purpose of the Directive also does not preclude application of the exemption rule.

(https://www.bvl.bund.de/SharedDocs/Downloads/06_Gentechnik/Opinion_on_the_legal_classification_of_New_Plant_Breeding_Techniques.pdf?__blob=publicationFile&v=4)

Thus, these are not GMOs:

" Organisms generated by conventional breeding methods, even if they exhibit new characteristics (e.g. Clearfield oilseed rape).

·Organisms generated using (new) genetic modification techniques where the genetic modification could also be produced by conventional breeding methods (e.g. Cibus oilseed rape).

·Organisms generated by genetic modification techniques, which are excluded from the scope of the Directive under the terms of Annex I B (e.g. products created using mutagenesis methods)"

In conclusion:

CRISPR/Cas9 mutations are not GMOs under the current directive.

(However, this is still a case by case decision process)