日本消費者連盟
すこやかないのちを未来へ
Sound and Healthy Future for Our Children

Japan’s Neoliberal Seed Rules: Farmers’ Rights Undermined

Japan’s Neoliberal Seed Rules: Farmers’ Rights Undermined

August 2024

By Martin J. Frid & Kaori Hirouchi (Consumers Union of Japan)

In recent years, Japan’s neoliberal government has introduced new legislation for the seed and seedling sector, restricting farmers’ activities while giving multinational corporations a free hand. Is Japan trying to turn millions of farmers into passive buyers, consumers without rights, not only of fertilisers and pesticides, but also of seed, the very essence of our common food security? And what about Japan’s efforts to get other countries to join UPOV91, which is a system developed by industrialized countries for the so-called “protection” of plant varieties that unilaterally promotes the interests of the seed industry at the expense of farmers’ rights?

One of the major changes was in the revision of PVP Act (Shubyo-ho in Japanese). In May 2020 Consumers Union of Japan reported: “The ban on unauthorised self-propagation and self-seeding is to be extended to all protected varieties in order to strengthen the intellectual property rights. …Strengthening Plant Variety Protection has strengthened the control of seeds by corporations, including multinationals, and has deprived farmers of their rights, food sovereignty and food safety. This amendment will further amplify this situation. We protest against the submission of the PVP Act Amendment Bill to the Diet and call for its withdrawal.” (Link: https://www.nishoren.org/en/?p=3063)

During the debate about the PVP Act, farmers’ groups, people’s organizations as well as opposition parties indicated their concerns, saying that the new PVP Act constitutes a deprivation of the freedom to cultivate crops, and save, exchange and sell seeds. A clause on exceptions was requested, and even some within the Liberal Democratic Party had doubts about the rush to revise such important legislation.

We were very surprised when this new legal framework for PVP was fully enacted, with provisions that prohibits seed saving and other activities, including seed sharing and sales of home-grown seed between farmers, if seeds are protected. The threat of harsh punishment was unexpected, for example (Article 67, Crime of Infringement): “Any person who has infringed on a breeder’s right or an exclusive exploitation license is subject to imprisonment for not more than ten years or to a fine of not more than 10,000,000 yen, or combination thereof.” (Plant Variety Protection and Seed Act. Link: https://www.japaneselawtranslation.go.jp/en/laws/view/4036)

Some farmers, including those in the organic sector, as well as independent experts have continued to protest these restrictions. We believe such concerns are justified.

It has also been pointed out (private communication to the authors from Francois Meienberg of APBREBES, an international network of NGOs that specialises on PVP and UPOV) that Japan’s new PVP Act is unusual in that there is no exception to allow, even in a limited way, farmers to save protected seeds for their use on their own fields. Although this is only an optional exception under UPOV91, other countries have implemented this exception in one way or another.

To make matters worse, we have seen how Japan has changed from a passive player, to putting forward a strong, aggressive, even confrontational agenda abroad, both at UPOV meetings in Geneva, Switzerland and through the little known East Asia Plant Variety Protection Forum (EAPVP Forum). Absent from the EAPVP Forum are the local actors who are most likely to be affected by the decisions of the PVP offices, particularly smallholder farmers, indigenous peoples, local communities, as well as civil society organizations. One example of Japan’s proposals is to develop and test a model of an online PVP registration application platform known as e-PVP. Development of e-PVP Asia is extremely worrying. It risks not only entrenching an unsuitable PVP system in the East Asian region, but also the loss of national sovereignty over seed.

One-size-fits-all approach like UPOV91 does not work, because diversity matters in the face of climate crisis and building resilient community. Also, such approach deprives farmers and consumers alike of self-determination to food, thus the right to food. Consumers Union of Japan is concerned about the domination of seeds by companies and the way in which farmers’ rights are being stripped away. UPOV91 is not a suitable solution for Japan or other countries in Asia and the world. Access to food is a human right. We hope the current debate will continue to inspire more people to get educated, get involved, grow their own food, and as much as possible, to save seed for future generations.

Let’s Label! Local Initiatives for Mandatory Labels of Genome-Edited Foods

Consumers Union of Japan and the No! GMO Campaign are calling on everyone across the country to work for the adoption by prefectural and municipal assemblies, of a letter of opinion calling on the Government to mandate the labelling of genome-edited foods.

Currently, genome-edited foods do not need to have any environmental impact assessment, no food safety assessment and no notification acceptance. This sorry state of affairs began in 2020. As of April 2024, six crops and fish have been notified (Tomatoes, maize, horse mackerel, puffer fish and flatfish). The Consumer Affairs Agency does not require genome-edited labelling, citing, among other reasons, that it is “not possible” to check whether the genome has been edited in the final product.

However, food labelling is an important means of guaranteeing consumers’ right to choose. As long as there are consumers who have concerns about genome-edited foods, labelling is necessary. Food businesses can also produce food products that avoid genome editing. They should be able to indicate whether such novel technologies are used or not, if labelling is available from fresh raw materials to the final food product.

Starting in 1996, some genetically modified foods were imported from the US without a labelling system. Consumer concerns and calls for labelling spread across Japan. Environmental impact assessments, food safety assessments and labelling systems were established. The power to move and change the opinion of the national government in Tokyo, and globally, at that time came from the large amount of opinion letters submitted by local councils across Japan.

Similar opinion letters calling for the labelling of genome-edited foods have already been adopted by several prefectural and city councils in the past few months. Let’s expand this growing movement and our efforts from the local level and realise mandatory genome-edited food labelling.

We map them here (in Japanese)

CUJ is asking supermarkets to stop selling genome edited tomatoes in Japan

Request and letter of enquiry on the sale of genome-edited tomatoes and processed products

To:

Miuraya Co.
Y’s Mart Co.
Naritaya Corporation
Seijo Ishii Co.
Meidi-ya Corporation
Advance Kuriyama Co.

We are a consumer and citizens’ organisation seeking food safety and campaigning against genetic engineering of food products. We are writing to you because we have received information that your shops have been selling genome-edited tomatoes (product name: Sicilian Rouge High GABA) or processed products with a claim of high GABA in your shops.
Genome editing technology is a technology that primarily destroys specific genes. Genome editing of plants uses genetic modification technology and there is also the possibility that genes may be damaged in the process of genetic manipulation and unexpected harmful substances may be produced. Furthermore, the safety and environmental impact has not been examined by the government. Genome-edited foods are not obliged to be labelled, and the products sold in your shops only have a small indication that they have been genome-edited. This means that some consumers are likely to purchase genome-edited tomatoes without knowing that they are genome-edited.
We, the consumers, are concerned about genome-edited food products, whose safety cannot be said to have been verified. In response to the announcement by a company selling genome-edited tomatoes that it would distribute the seedlings free of charge to primary schools, citizens across the country have sent letters to their local authorities asking them not to accept the seedlings. To date, no municipality has announced that it will accept them.
Food safety and consumer trust are of utmost importance to food companies. We would be grateful if you would reconsider your handling of this request. We have enclosed a leaflet to convey our concerns.
We would therefore like to ask you a few questions about the genome-edited tomatoes sold by your company (attached). We would be grateful if you could answer our questions by 28 June. Please note that the questionnaire and your answers will be made available on the website of your organisation.

Questions about genome-edited eggs (allergen-reduced eggs)

7 June 2024

To: Kewpie Corporation
Mr Mitsuru Takamiya, President and Representative Director

From:

Consumers Union of Japan (NPO)

No! GMO Campaign

Questionnaire on genome-edited eggs (allergen-reduced eggs)

Thank you for responding to the questionnaire we sent in January 2024 in response to media reports that your company has developed a low-allergen egg using genome editing technology in collaboration with Hiroshima University and is conducting clinical trials at the National Hospital Organisation Sagamihara Hospital. We would like to ask you a few questions again, as there were some points that were unclear in your response and there were also reports that your company has started a clinical trial. Please reply in writing by 21 June. Your answers will be published on our organisation’s website.

Q1: In your previous answer, you stated that you have completed safety checks, but what specific safety checks have you carried out?

Q2: In your opinion, how about even minor changes in clinical trials? They should not be overlooked as signs of serious health effects. What kind of observations would you make, and what kind of abnormalities would you consider stopping the trial?

Q3: How will the progress and results of the clinical trials be made public?

Blog: School Lunches Campaign

Local production for local consumption school lunches (3 June 2024)

In May 2024, we submitted a request to the Superintendent of the Board of Education of Hanno City, Saitama Prefecture: “Please provide school lunches in Hanno City with a focus on locally produced and locally consumed agricultural products. We have also submitted a written request together with a council for this purpose. The request was submitted by the Association for School Meals in Hanno City”.

The promotion of nutrition education has been known to the public for more than 20 years now, with the Basic Law on Food Education, but it has not progressed. What should be done about the school lunch project led by local governments?

To plan a school lunch menu, you have to know the local farmers. Local school lunches, which can be centre-based or self-prepared, try to attract local farmers as “local production for local consumption”, regardless of whether they are organic or non-organic. We are requesting the establishment of a council as a place where agricultural cooperatives, the city hall and boards of education can meet.

The Food and Agriculture Subcommittee of Consumers Union of Japan (CUJ) is playing a central role. CUJ publishes a monthly magazine, and a series of articles on local initiatives and an interview with the author of the “Organic School Lunch Start Book”.

I have been cultivating a small field at a local primary school here in Hanno since last April. These include lettuce, cucumbers and crane-neck pumpkins. Although they are not yet in sufficient quantity to be delivered to the school lunchroom, I hope that eventually the pupils will know when and how seasonal vegetables can be harvested and eaten. The weather is unpredictable due to climate change. We are watching to see if the taro will do well this year.

In Japanese: