LegiStorm

Summary:

On November 19, 2015, the Food and Drug Administration (FDA) approved AquaBounty Technologies' application to produce AquAdvantage Salmon, a genetically engineered (GE) Atlantic salmon, for human consumption. This is the first GE animal that has been approved for human consumption in the United States. FDA also has proposed voluntary guidelines for using labels that indicate whether food products are derived from GE salmon. Genetic engineering techniques are used by scientists to insert genetic material from one organism into the genome of another organism. Genetically engineered salmon have been modified to grow more quickly and to use feed more efficiently. However, some are concerned that, in this rapidly evolving field, current technological and regulatory safeguards are inadequate to protect the environment and ensure that these products are safe to eat. Nearly twenty years ago, AquaBounty Technologies Inc. began the application process to obtain FDA approval for a genetically engineered Atlantic salmon. In 2009, AquaBounty submitted the last required study for its new animal drug (NAD) application. The FDA is regulating GE Atlantic salmon as an NAD under the Federal Food, Drug, and Cosmetic Act (FFDCA; 21 U.S.C. §321). An NAD is approved by the agency only after the drug is shown to be safe and effective. FDA has concluded that AquAdvantage Salmon is as safe as food from non-GE salmon and determined that there are no significant food safety hazards or risks associated with the product. Environmental concerns related to the development of GE salmon include the potential for competition and interbreeding with wild fish. According to some, escaped GE salmon could spawn with wild Atlantic salmon and introduce the modified genetic material to the wild population. To address these concerns, AquaBounty will produce salmon eggs (all sterile females) in Canada, ship these eggs to Panama, grow and process fish in Panama, and ship table-ready, processed fish to the United States for retail sale. Aquabounty will limit production to land-based facilities to isolate GE salmon from the environment and minimize the likelihood of harm to wild fish populations. Production from these facilities is limited to approximately 100 metric tons, which is a small fraction of the current U.S. fresh and frozen salmon supply of 700,000 metric tons. Some have asserted that FDA approval of AquAdvantage Salmon was overdue and that delays have hindered investment and development of the U.S. biotechnology sector. Others have questioned the adequacy of FDA's review of GE salmon and whether the existing approval process is equipped to fully evaluate the risks of this technology, especially potential environmental harm. Additional concerns have been voiced concerning food safety, labeling of GE salmon, and economic effects on existing wild salmon fisheries. In response to concerns related to the production and use of GE salmon as food, legislation has been introduced during the last several Congresses to restrict the production and require the labeling of GE organisms. Legislation introduced in the 114th Congress related to labeling GE salmon specifically or to GE organisms generally includes H.R. 393, S. 738, H.R. 913, S. 511, and H.R. 1599. Two FY2016 appropriations bills for Agriculture, Rural Development, Food and Drug Administration and Related Agencies (S. 1800 and S. 2129) include provisions that would provide funds to implement labeling requirements for GE salmon. H.R. 394 would prohibit most uses of GE fish, with some exceptions or if certain conditions are met. In addition to labeling requirements, S. 738 would require an environmental impact statement for any application to produce GE salmon intended for human consumption. H.R. 1599 has been passed by the House, and H.R. 1800 has been reported by the Senate Committee on Appropriations. Since they were introduced, no further action has been taken on the other bills related to genetic engineering.