Biosafety Regulation in China: Progress and Challenges

The Convention on Biological Diversity (CBD) and its protocols require their parties to ensure the safe transfer, handling, and use of genetically modified organisms (GMOs) that may have an adverse effect on the conservation and sustainable use of biodiversity. Partially due to the determination to fulfil its international obligations, China has adopted several laws, regulations, and administrative measures to regulate the safe use of GMOs. This chapter will analyse to what extent the Biosecurity Law, which went into effect in April 2021, will affect the legal framework on GMOs and the institutional arrangements and concrete measures. Furthermore, this chapter will discuss challenges facing China in relation to the application of the precautionary principle and public involvement, capacity building, risk management, and liability and redress rules. The chapter will end with a brief discussion on how the current biosafety regulation in China will be harmonised with the Biosecurity Law on the one hand and be improved to be fully consistent with the CBD and its protocol on the other hand.