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8 N.Y.U. Envtl. L.J. 579 (1999-2000)
Regulatory Conflicts and Trade

handle is hein.journals/nyuev8 and id is 587 raw text is: REGULATORY CONFLICTS AND TRADE WILLY DE GREEF* INTRODUCTION Genetically modified (GM) food is not a new regulatory is- sue, but to effectively provide both safe and affordable products to consumers, the effects of GM regulations on the seed produc- tion industry must be addressed. This Article will analyze the issue of regulatory conflicts and trade from a non-technical per- spective. Specifically, the Article will examine the regulatory complexities surrounding GM food and the significance these regulations have for seed-producing companies. In addition, the Article will consider the need for consumer confidence in GM products, which cannot necessarily be created by additional regulation. The seed production industry is increasingly subject to multi- national regulation. If we wish to allow public companies to re- main in the market, this regulation must be clear and based on scientific risk analysis. Since consumers often act on perceptions of risk rather than scientific risk possibilities, however, compa- nies must provide consumers with a choice of GM and non-GM labeled foods. Labeling, however, will be cost-prohibitive to both consumers and companies if the industry is required to obey a threshold level less than one percent. I FouR LEVELS OF REGULATION The total commercial seed market world-wide is estimated to be around thirty billion dollars per year.1 Industry leaders typically record gross revenues of approximately one billion dol- lars per year and often have operations located throughout the world. Until quite recently, the seed business was relatively lightly regulated. Under today's more stringent regulatory cli- * Head of Regulatory and Government Affairs, Novartis Seeds. 1 See International Seed Trade Federation and International Association of Plant Breeders, World Seed Statistics (last modified Feb. 2, 2000) <http'JI www.worldseed.org/stat.htm/>. 579 Imaged with the Permission of N.Y.U. Environmental Law Journal

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