ENVIRONMENTAL RISK MANAGEMENT AUTHORITY DECISION Application Number GMF98002 Date 4 March 1999 Consideration date 18 February 1999 Considered by GMO Special Committee comprising: Professor Barry Scott (Chair), Dr Oliver Sutherland and Dr Terry Lomax. Application Details Applicant Date Application Received Dr Kevin Davies, New Zealand Institute of Crop and Food Research, Palmerston North To field test, in the Wanganui-Manawatu Region, petunia genetically modified for altered plant form or pigmentation, to assess field performance of the vegetative plant. 14 August 1998 ERMA New Zealand Contact Denise McDonald Purpose: Decision The application is Approved with Controls. The organisms approved are: Genetically modified Petunia auxilaris x (Petunia auxilaris x Petunia hybrida) lines as detailed below. Common name: Mitchell Petunia (MP). Binary Vectors Original transformants Approved lines to be used in field test pLN38 38/MP/118 -maize Lc 1. 38/MP/118 self cross (LcLc) 2. 38/MP/118 x Mitchell petunia (Lc+) pLN70 70/MP/124-Agrobacterium rolC 3. 70/MP/124 pLN83 83/MP/231- Antirrhinum ros 4. 83/MP/231 x 38/MP/118 5. 38/MP/118 x 83/MP/231 6. 83/MP/231 self cross Legislative Framework The application was lodged pursuant to section 40 of the Hazardous Substances and New Organisms Act 1996, and determined in accordance with section 45 and the additional matters contained in sections 37 and 44 and those relevant items in Part II of the Act. Pursuant to section 45(1)(a)(i) of the Act, the Authority was satisfied that this application was for one of the purposes specified in section 39(1) of the Act, being section 39(1)(b): Field testing any new organism. Consideration of the application followed the relevant provisions of the Hazardous Substances and New Organisms (Methodology) Order 1998 (the Methodology). Reasons for Decision Adequacy of the Proposed Containment Regime The Authority was satisfied that the containment procedures and management plan proposed by the applicant can adequately contain the organism. Of particular importance are the: propagation of the petunia in a GMO containment greenhouse location of field test site daily monitoring to remove all flower buds low total plant numbers secure transportation to and from field test site, and disposal of plant material. The Authority noted that the containment procedures and management plan were modified from the original application and reflected the concerns raised by submitters on the: potential for breach of containment via pollen and seed dispersal, and potential for consequential adverse effects. The Authority acknowledged the Department of Conservation’s advice that supervision of the field test is critical and considers that daily monitoring and removal of buds is essential to the containment of the field test, as petunia are known to come into flower very rapidly. Self-sustaining Populations The Authority was satisfied that provided the field test is operated in accordance with the management plan and controls imposed by the Authority that the likelihood of escape of pollen and seed is very low. The Authority noted that there is little information on the mechanism of dispersal and transfer of petunia pollen and seeds, such as which organisms pollinate petunia and how far the pollen can be dispersed. However, the Authority was satisfied that in the unlikely event that any pollen, seed or vegetation propagules were to escape that it is extremely unlikely that a self sustaining population could result. Petunias are not known to be weedy species and are not known to form self-sustaining populations in New Zealand. Horizontal Gene Transfer and Development of Antibiotic Resistance The Committee also considered the likelihood of escape of transgenic genetic traits by horizontal gene transfer to soil microorganisms and the development of resistance to the antibiotic kanamycin (used as a marker gene in the transgenic petunia lines). The Committee concluded 2 that for this application no new scientific information was submitted that would change its position on these issues, as addressed in previous field test approvals: GMF98004, GMF98007, GMF98008. Nor did the facts surrounding the application present new risks on these issues. In these previous decisions the Authority commented on horizontal gene transfer and established that while the scientific evidence available was inconclusive, horizontal gene transfer from transgenic plants to soil micro-organisms is unlikely. With regards to the use of kanamycin resistance genes the Authority considered, that any incremental antibiotic resistance resulting from gene transfer from transgenic plants associated with the specific field tests identified, by whatever means, would be unlikely to have any definable or material adverse consequences on the environment or human health. The Committee agreed that these earlier conclusions also apply in this instance. Ngā Kaihautu Tikanga Taiao Report The Committee noted the advice in the Ngā Kaihautu Tikanga Taiao report and encourages the applicant to provide two further Rangitane Iwi Authorities (Tane Nui a Rangi o Manawatu and Te Mauri o Rangitane) with information on the field test. Negligible Risk The Committee concluded that the risks of adverse effects associated with this field test are negligible, based on consideration and analysis of the information provided, and taking into account the application of risk management controls specified in this decision. Benefits The Committee found that the beneficial effects of having the organism in containment include increased scientific knowledge of the phenotype and vegetative performance of the transgenic lines under commercial growing conditions. The limited scope of the application, due to prevention of flowering, has to some extent reduced the benefits, which would have otherwise been available. Conclusion The Committee, having regard to the ability of the organism to escape from containment [section 44(b)] concluded that the beneficial effects of having the organism in containment outweighed the adverse effects of the organism and any inseparable organisms, should the organism escape. Having considered all the possible effects of the organism, in accordance with sections 45(1)(a)(ii) and (iii) of the Act, the Committee was satisfied that the proposed containment regime and controls on approval imposed by the Committee could adequately contain the organism. 3 Controls In order to provide for the matters detailed in Part I of the Third Schedule to the Act, Containment Controls for Development and Field Testing of Genetically Modified Organisms, this application is approved subject to the following controls: 1. The plants shall be propagated in a GMO containment greenhouse operated in accordance with PC2 level of containment of the Australian New Zealand Standard 2243.3:1995. The facility shall be approved to meet any ERMA/MAF Containment Standards as applicable. 2. Handling of genetically modified petunia seeds, cuttings and plants during propagation and planting shall ensure that there is no spillage outside the containment greenhouse and the field test site. 3. All genetically modified petunia plant material shall be properly and adequately identified at all times. Seedlings shall be transported to the field test site in sealed leak proof containers packed into a second container of strong non-crushable material. 4. ERMA New Zealand shall be informed, in writing, of the planting date prior to the transfer of the genetically modified petunia plants to the field test site. 5. The field test site shall be used solely for genetically modified petunias and non-modified control petunia plants. 6. Genetically modified plants not used in the field test shall be destroyed by autoclaving in a PC1 containment facility (AS/NZ Standard 2243.3:1995). 7. The field test site shall be located for ease of monitoring and to minimise damage caused by floods, landslide etc. 8. The field test shall consist of 6 genetically modified and 2 non-modified lines with no more than 20 plants per line. 9. The field test site shall be monitored daily to ensure that all flower buds are removed from all plants (both genetically modified and non-modified controls) prior to the buds opening. The plant material from the field test site shall be removed in a sealed, leak proof container packed into a second container of strong non-crushable material and the plant material shall be destroyed by autoclaving in a PC1 containment facility (AS/NZ Standard 2243.3:1995). 10. Equipment used in the field testing of genetically modified petunias shall be thoroughly cleaned at the field test site to prevent any viable genetically modified petunia material leaving the field test site. 11. During the field test the entire field (area 4651sq. m.) encompassing the planted area (42 sq m) shall be monitored for any self sown or volunteer petunia plants. Any petunia plants found shall be removed prior to flower bud formation, in a sealed leak proof container packed into a second container of strong non-crushable material and destroyed by autoclaving in a PC1 containment facility (AS/NZ Standard 2243.3:1995). 12. On completion of the field test all plants shall be destroyed by herbicide application and rotary hoeing. 13. The field test planting site (area 42sq. m.) shall be monitored for at least 1 year following completion of the field test and until no further seedlings appear. No petunia may be planted on this 42 sq. m. site for 1 year following the trial. Seedlings shall be removed from the field test site in a sealed leak proof container packed into a second container of strong 4 non-crushable material and destroyed by autoclaving in a PC1 containment facility (AS/NZ Standard 2243.3:1995). 14. Only persons authorised by the applicant shall have access to the field test site, which shall be secured at all times. 15. Any container that is likely to contain viable genetically modified petunia material shall be disposed of by incineration or autoclaving in a PC1 containment facility (AS/NZ Standard 2243.3:1995) to prevent the escape of genetically modified petunia. 16. The applicant shall keep an inventory of petunia plant material removed and destroyed. 17. Effective eradication measures as outlined in the Contingency Plan shall be implemented following any breach of containment. 18. The Authority or its authorised agent or properly authorised enforcement officers (including inspectors appointed under the Biosecurity Act 1993), may inspect the facility at any reasonable time. 19. The applicant shall prepare and use a management plan to implement the controls imposed by this approval. The plan shall specify the containment system and the post field test regime for monitoring and destruction of the volunteers, as outlined in letter dated 18 December 1998, application question 15 and Application Attachment 3. 20. The applicant shall ensure that all staff involved in the operation of the containment greenhouse and field test are informed of these controls and the management plan. 21. The applicant shall provide a report to ERMA New Zealand within four months of the completion of the field test, including details of the outcomes of the field test and issues relating to compliance with controls. 22. Approval of the field test shall be for 3 months from date of planting at the field test site. 23. For this application, controls 1-22 above, constitute the standard applicable to the approval of a place, being the field test site, as a containment facility for the purposes of section 39 of the Biosecurity Act 1993. 5