Biotechnology Law at Ghana
Ghana has established a comprehensive legal and regulatory framework for biotechnology through the Biosafety Act, 2011 (Act 831) and the Biosafety (Management of Biotechnology) Regulations, 2007 (L.I. No. 1887). These laws aim to ensure the safe development, transfer, handling, and use of genetically modified organisms (GMOs) to protect public health and the environment.
🇬🇭 Key Features of Ghana's Biotechnology Law
1. Establishment of the National Biosafety Authority (NBA)
The Biosafety Act, 2011 (Act 831) established the National Biosafety Authority (NBA) as the central body responsible for implementing biosafety regulations in Ghana. The NBA operates under the Ministry of Environment, Science, Technology, and Innovation and collaborates with other regulatory agencies to ensure a coordinated approach to biosafety.
2. Regulatory Functions and Powers
The NBA is empowered to:
Receive, process, and make decisions on applications related to GMOs.
Conduct risk assessments and manage the safe use of GMOs.
Establish and maintain a register of GMO-related documents.
Liaise with international organizations and agencies concerned with biotechnology and biosafety.
Promote public awareness and participation concerning biotechnology activities.
3. Institutional Biosafety Committees (IBCs)
Institutions and organizations involved in genetic manipulation work are required to establish Institutional Biosafety Committees (IBCs). These committees, endorsed by the NBA, oversee biosafety practices within their respective institutions. Each institution must also appoint a biosafety officer to ensure compliance with biosafety regulations.
4. Risk Assessment and Decision-Making
Risk assessments are conducted by the NBA's Technical Advisory Committee, which provides scientific advice on GMO-related matters. Decisions regarding the approval of GMOs are based on these assessments and are made transparently, with public participation and access to information.
5. Regulatory Guidelines for Emerging Technologies
Recognizing the advancements in biotechnology, Ghana has developed guidelines to regulate emerging technologies such as genome editing and gene stacking. In November 2023, the NBA published guidelines on genome editing and gene stacking, becoming the fourth African country to do so. These guidelines aim to ensure the safe application of these technologies in agriculture and other sectors
Ghana has approved confined field trials for genetically modified crops, including Bt cotton, Bt cowpea, and high-protein sweet potato. The country has also developed a favorable environment for the development and commercialization of biotechnology seeds and crops. The Biosafety Act, 2011 (Act 831) is considered user-friendly, as it does not contain strict labeling requirements for genetically engineered food products or strict liability provisions.
🌐 International Commitments
Ghana ratified the Cartagena Protocol on Biosafety in May 2004, aligning its national laws with international standards for the safe transfer, handling, and use of living modified organisms. The country's biosafety framework is designed to comply with the provisions of the Cartagena Protocol, ensuring that biotechnology activities do not adversely affect biodiversity and human health.
✅ Conclusion
Ghana's Biosafety Act, 2011 (Act 831) and associated regulations provide a robust legal framework for the safe and regulated use of biotechnology. The establishment of the National Biosafety Authority and the development of guidelines for emerging technologies demonstrate the country's commitment to ensuring the safe application of biotechnology in various sectors.
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