The possibility of GM soybean cultivation is becoming stronger in Hokkaido. Yoshimasa Miyai, owner of the 85-hectare Seinan Farm in Naganuma Town, intended to cultivate GM soybeans (see BJ November 2004), but after receiving several appeals and requests from JA Naganuma and neighbouring farmers he has announced that he will not go ahead with the plan.

However, it has been revealed that there are a number of other farmers who are planning to cultivate GM soybeans. Mr. Miyai told Co-op Sapporo members when they visited the Seinan Farm that there are five farmers who are intending to cultivate the GM crop, and Monsanto has also hinted at similar numbers.

Members of the Informal Council on Bio-crops, Mr. N in Tokachi and Mr. K in Kitami have said they do not intend to cultivate the GM soybeans, but Mr. O in Tokoro said he will. The other 3 farmers who may possibly cultivate the GM soybeans are in Sorachi, Tokachi and Doto.

During December, Hokkaido's Agricultural Policy Planning Department is conducting an investigation to ferret out farmers who plan to cultivate the GM soybeans. However, it may be impossible to find all of them, and so therefore the contents of the "GM crop cultivation restriction bylaw", which is to take effect in March 2005, has important implications. Then again, the bylaw is in danger of being watered down by pressure from economic circles and scientists (see Closeup).

Syngenta Japan's Central Institute's Shinza Research Centre in Shimada City, Shizuoka Prefecture, will start a GM corn field trial in May 2005. The GM corn is genetically altered for efficient production of ethanol fuel. 120 plants each of GM and non-GM corn are to be planted on a one-are (100 m2) plot. In order to prevent cross-breeding, stamen will be removed, and bagging will be used.

The Hokkaido government conducted a public opinion poll in July regarding five different categories, including volunteer activities and GM foods. The aim of the poll is to reflect public opinion in a "Food Safety and Security Bylaw", which is planned to come into effect in April 2005. The poll targeted 2500 citizens over 25 years old living throughout Hokkaido Prefecture. 54.8% (1369 respondents) valid responses were received. Of these, to the question: "Do you feel insecure about GM foods?" 47.7% answered "feel insecure about GM foods", and 34.8% answered "rather insecure". 82.5% of respondents therefore feel more or less insecure about GM foods. 14% answered "do not feel particularly insecure", and 2.6% "do not feel insecure". There is a big gap between the two points of view.

A plenary meeting of the Biodiversity Impact Assessment Commission was held on November 12. Monsanto Japan's insect resistant GM Bt cotton and two different varieties of DuPont's herbicide tolerant & insect resistant GM maize were approved under the Type 1 Use Regulations. Type 1 Use is an assessment of no impact on wildlife and gives permission for open-field cultivation.

Work began on the guidelines for the handling of genetic data by corporations in the Personal Genetic Data Sub-Committee (a consultative body of METI under the Industrial Rationalization Council) on 22 October 2004.

The guidelines concerning the ethics of the human genome, established by the three ministries MHLW (Ministry of Health, Labour and Welfare), MEXT (Ministry of Education, Culture, Sports, Science and Technology), and METI (Ministry of Economy, Trade and Industry), refer specifically to research uses and do not cover such applications as diagnostic screening by screening companies, or paternity testing. Thus METI has begun work on formulating its own guidelines to cover activities by corporations. The regulatory framework and official go-ahead for such activities will be established by the guidelines. It is thought that the handling of genetic data by corporations will be stimulated by the on-going progress in the sequencing of the human genome.

(Also see BJ October 2004) MHLW, MEXT, and METI held a joint meeting on 2 November 2004 to discuss the handling of personal data. Up to this meeting the discussions had centered mainly on how far the existing "Ethical Guidelines on the Human Genome Gene Sequencing Research" and the law should be applied, but the focus of this meeting were discussions towards enactment of a new law.

Concerning the handling of personal genetic data, the basic guideline on protection of personal data approved by the cabinet in April states only that a "special measure" need be taken, but the Personal Data Protection Law includes a supplementary resolution states that "consideration of a separate law" should be undertaken. However, many researchers oppose this since the establishment of a law containing punishment clauses would tend to hamper research freedom. It is unclear as yet as to where the discussions are leading.

On 22 October 2004, a joint meeting of the sub-committee on the handling of human genetic data in life sciences research (a consultative body of MEXT under the Council for Science and Technology) and the specialist panel on the methods of handling of personal data in medical research a consultative body of MHLW under the Health Sciences Council) to discuss revision of the gene therapy guidelines and guidelines on epidemiological research. MHLW is also working separately on a revision of the ethical guidelines for clinical research. This is happening because the enactment of the personal genetic data protection law will necessitate adjustment of the different guidelines applied by different ministries so that they become consistent with one another.

The first Japanese regulations on the cultivation of GM crops (tentatively entitled "Food Safety and Security Bylaw") is in the process of being formulated in Hokkaido in northern Japan. (Please see previous articles in BJ October and November 2004) The focus of the ongoing discussions on the bylaw is on the following two points:

1. Whether or not to establish punishment clauses to the regulations on commercial planting,
2. Whether or not cultivation trials can be regulated.

There is no specific proposal regarding 1. yet, but 2. has stirred up a storm of controversy.

An investigative panel on the conditions for implementation of cultivation trials involving GM crops has been considering regulations concerning cultivation trials.

At the second meeting of the panel on 17 August 2004, a proposal, "Concerning the draft conditions for implementation of cultivation trials involving GM crops," containing three main points, was submitted by the Food Safety Office of the Hokkaido Agricultural Policy Planning Department. The three points were as follows:

1. Approval would be required from the Governor of Hokkaido,
2. Deliberations would be carried out by a "GM crop cultivation trial assessment committee," which would be established and which would be composed of agricultural producers and consumers,
3. GM crops which could undergo trials in Hokkaido would be limited to those developed solely by trial research institutes located in Hokkaido, or which had been developed as a joint research project with such an institute.

However, the proposal submitted at the third meeting of the panel on 18 October 2004 contained the following;

1. Approval by the Governor was replaced by notification, thereby turning prohibition in principle into permission in principle,
2. The "assessment committee" would be composed of experts,
3. GM crops which could undergo trials in Hokkaido would not be limited to research institution located in Hokkaido.

Thus the backbone had been removed from all three points. Since the content of the proposal did not reflect previous discussions, it drew sharp criticism from the producers and consumers on the panel.

The background to the changes was strong manipulation by the Liberal Democratic Party (LDP) to remove the teeth from the bylaw formulated by the producers and consumers. The LDP holds the majority of seats in the Hokkaido legislature. A formal question by LDP councilman Seiichi Shimizu to the Head of the Hokkaido Agricultural Policy Planning Department on 4 October was aimed at blocking the draft regulations on research trial cultivations being formulated by the panel. On 6 October, a similar question aimed at blocking the draft was put to the Governor. Since the "Food Safety and Security Bylaw" must be approved by the legislature, it is thought that the above action by the LDP was responsible for the watering down of the draft regulations.

At a regular press conference on 22 October 2004, the Governor of Hokkaido, Harumi Takahashi stated that although she considered that punitive clauses were necessary in order to restrict commercial cultivation, the details would be worked out through consultation, thus making her position rather ambivalent. While saying that it is important to avoid cross-pollination with conventional crops, she also stated that she realized that it was necessary to build up an advanced biotech industry.

At the final meeting of the panel on 17 November 2004, a proposal representing a further dilution of the contents of the third panel meeting were presented, in which the regulations on GM cultivation alone were removed from the "Food Safety and Security Bylaw" and relegated to a "Bylaw on GM Crops" (tentative title), and in which cultivation trials would be permitted on ordinary farmland provided certain conditions were met.