current law, CTNBio was expanded from 18 to 27 primary members to include official
representatives from 9 bodies of the federal government; 12 specialists with scientific and
technical knowledge from 4 different areas: animal health, plant, environment, and
human health (3 specialists from each area); and six specialists from other areas:
consumer defense, human health, environment, biotechnology, family farming, and
worker’s health. All members have an alternate, therefore, CTNBio in total has 54
members, which are elected for a term of two years with a possibility of being re-elected
for an additional two years. CTNBio is under the Ministry of Science, Technology, and
Innovations. All technical issues are debated and approved by CTNBio. Imports of any
agricultural commodity for animal feed or for further processing, or any ready-to-
consume food products, and pet food containing biotech events must be pre-approved by
CTNBio. Approvals are on a case-by-case basis and the timeline is indefinite. Law
11460 of March 21, 2007, modified Article 11 of Law 11105 of March 24, 2005, and
established that a simple majority of the 27 CTNBio primary board members is needed to
approve new biotechnology products.
In a June-18-2008 meeting, CNBS decided that it would only review administrative appeals that are of
national interest, involving social or economic issues, as per the Brazilian biotechnology laws. CNBS
will not evaluate technical decisions on biotech events that are approved by CTNBio. CNBS considers
all approvals of biotech events by CTNBio as conclusive. This important decision, along with the
change in majority voting, eliminated a major barrier for the approval of biotech events in Brazil.
Brazilian legislation makes distinctions between GE plant products containing DNA in the final form of
the product and those products of GE plants that do not. It also makes a distinction between GE plant
products considered living (able to increase in size or number) versus non-living. Article 3 of the
Biosafety Law of 2005 states the definitions of what Brazil considers as “genetically modified
organism”, and a “genetically modified organism” by-product. It defines “GMO” as “an organism the
genetic material of which – DNA/RNA has been modified by any genetic engineering technique”, and a
by-product is “a product obtained from a GMO and that is not capable of autonomously replicating, or
that does not contain a feasible GMO form”.
Paragraphs 1 and 2 of this article also bring relevant information on what is not considered a “GMO” or
a “GMO” by-product, as below:
“Paragraph 1 It is not considered a GMO that which results from direct introduction
techniques into an organism, provided this does not entail the use of recombinant
DNA/RNA molecules or GMOs, including in vitro fecundation, conjugation,
transduction, transformation, polyploid induction and any other natural process.
Paragraph 2. It is not considered a GMO by-product a chemically defined pure substance
obtained from biological processes that do not contain GMOs, heterologous protein nor
recombinant DNA.”
In regard to regulatory approval/authorization treatment for different types of applications, when the
applicant submits the documentation for CTNBio`s risk analysis evaluation, it is up to them to define
which will be the applications of the product being submitted for evaluation. For each type of