Ministers face being forced to repeal post-Brexit laws that allow crops to be genetically altered as the price of the government’s reset with the European Union.
The government is attempting to negotiate an opt-out from European laws that ban the commercialisation of most forms of gene-edited crops.
But sources said Brussels negotiators were holding firm in their demand that the UK must align with EU regulations to ensure a level playing field.
The hardline stance could force ministers to mothball the Genetic Technology (Precision Breeding) Act 2023, which came fully into force in England in November.
It was designed to make it easier for farmers to grow crops that have had their genetic code edited to enhance specific traits, such as blight-resistant potatoes and tomatoes enriched with vitamins.
It is a different technology from genetic modification (GM), which involves inserting genes from other species. Advocates say it accelerates the results that could be achieved by selective breeding.
Although the EU is looking to liberalise its own rules, they would still be more restrictive than those in England and have yet to be agreed by member states.
One industry source said the EU reset was already “casting a shadow” over the sector in the UK, making developers reluctant to bring new products to market that might have to be withdrawn.
“The Precision Breeding Act had the potential to make Britain a world leader in the application of gene-editing technology benefiting both farmers and consumers,” the source said.
“But that is now at real risk because of the reset. Ministers suggest that aligning with Europe is all upside but that’s not true. There will be winners and losers.”
Gene editing, also called precision breeding, is a process where scientists edit a plant or animal’s genome to give it new or enhanced properties.
Examples include switching off a gene in wheat that makes it susceptible to mildew, and creating maize that is more resistant to drought.
Scientists have also developed a tomato with high levels of vitamin D and gamma-aminobutyric acid, which is said to reduce anxiety and is associated with a number of health benefits.
Scientists in Britain are developing commercial crops they claim will be healthier and more environmentally friendly
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The 2023 legislation created a streamlined process to commercialise gene-edited plants in England and was touted as one of the main benefits of having left the EU.
However, EU law treats gene-edited crops in the same way as GM crops, making it almost impossible to develop them. Even the EU’s future plans would restrict the use of the technology in a way that would force the UK to row back on some of its current liberalisation.
Under Sir Keir Starmer’s reset the UK would agree to align its laws on food and agricultural regulation, pesticide use and animal welfare with the EU in order to be able to sell produce across the Channel and Irish Sea without costly and time-consuming checks.
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The National Farmers’ Union warned that a failure to gain an opt-out would leave the UK without a “vital tool” to help the industry adapt to challenges like climate change.
“As trade negotiations with the EU continue, the government must seek an exception for the Precision Breeding Act,” Rachel Hallos, the NFU vice-president, said.
“Without such an exemption, there is a risk that there will be a loss of momentum and increase in uncertainty that would be a barrier to investment in innovation and research and development pipelines for precision breeding.
“Precision breeding is one vital tool in the toolbox that can help farmers improve resilience to climate change, enhance productivity and deliver nutritious food alongside environmental protection.
“By providing the right regulatory framework, these innovations will have the ability to deliver real benefits for farmers, the environment, society and the food supply chain and ensure the UK is at the forefront of global technological innovation.”
A march in protest against genetically altered food in Berlin in 2024
TOBIAS SCHWARZ/AFP
An EU diplomat said that while negotiations continued, Britain would be expected to comply with all aspects of existing European law to ensure that there was a level playing field with continental farmers.
“Gene editing is a difficult issue for member states and there is no appetite for allowing the UK to go off and do its own thing,” the diplomat said.
A government spokesperson said: “The EU has accepted that there needs to be a number of areas where we need to retain our own rules. We are negotiating those now and won’t provide a running commentary on negotiations.”
The European Commission declined to comment.