Argentina is a world leader in regards to regulation and adoption of GM crops. As a consequence, the regulatory aspects of gene editing applied to agriculture were considered proactively, and a simple but sound pioneer regulation was developed.
At present, the Argentine regulatory system is fully able to establish if a gene-edited crop should be classified (and handled) either as a GM crop or a conventional new variety. To this end, the concept of “novel combination of genetic material” derived from the Cartagena Protocol is of paramount importance.
After some pilot cases that have been handled under the new regulation, applicants appreciate the ease, speed and predictability of this regulation. Moreover, it has been considered by other countries in developing their own regulations, thus acting also as a harmonization factor for the safe and effective insertion of these technologies in the global market.
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INFOLEG (1992). Noteworthy, there is also a National Law 20.270 on the Promotion of the Development and Production of Modern Biotechnology—see INFOLEG (2007). However, it does not play any role in regulatory aspects, since it is focused on granting funding and tax incentives to biotechnology-Based Innovative Enterprises—see Rosada (2018).
Not to be confused with the National Register of Property of Plant varieties, which is a different register also under the National Seed Institute but devoted to the protection of intellectual property rights on a plant variety.
It has been argued elsewhere—see OECD (2015)—that detection of gene-edited products may be more challenging compared to GMOs currently on the market, based on reasons of both technical and human nature. However, from a technical viewpoint, even the slightest mutations obtained by gene editing can be easily detected by molecular techniques currently available, such as those applied in marker-assisted breeding programs to detect Single-Nucleotide Polymorphism (SNPs). Of course, this assertion is true as long as the mutation is known but the same is also valid for GMOs, where the introduced gene or protein must be known in order to design a detection method. In regards to “human nature”, considerations relate to the fact that gene editing may lead to mutations that could be generated spontaneously (or using physical or chemical techniques for mutagenesis); this has been presented as a potential temptation for concealing the method used for obtaining the trait. However, such covering would be very difficult in reality since biotech developers employ several people to generate such products (who should be accomplice of the plot for an indefinite time), and they forcedly leave a trace of patents, papers, presentations to regulatory frameworks of third countries and other public information.