New breeding methods promise plants with increased resistance to diseases, drought or pest infestation, thus offering the possibility of making agricultural production more sustainable and addressing the consequences of climate change.
Our Project investigates how genetic engineering techniques in plant breeding could be regulated to adequately control risks while enabling innovation and opportunities.
As part of the second WiRe Junior Researchers' Conference on "The Changing Dogmatics of Regulation," Sara Fischer and Nadina Isliker contributed a paper entitled "The Precautionary Principle in Genetic Engineering Law: Dogmatics, Implementation, and Critical Evaluation."
The paper examines the precautionary principle as a fundamental guiding principle in environmental law. It addresses the question of how the precautionary principle is applied in Swiss genetic engineering law and whether this still appears justified from today's perspective. The central argument is that restrictive regulatory practices have lost their precautionary legal basis and should be adapted to reflect new scientific findings.
The paper will be published in a conference proceedings volume in 2026.
As part of this project, we are writing policy briefs that clearly and comprehensibly address key questions regarding the regulation of (new) plant breeding methods. They summarize the current state of legal regulation and research, and aim to identify areas for action and potential solutions.
In the spring semester of 2026, we are offering a course at the University of St.Gallen entitled "Between Innovation and Control - The Future of Modern Genetic Engineering in Law".
Our interdisciplinary course addresses the core legal foundations of genetic engineering in Switzerland. It analyzes the opportunities and risks of modern genetic engineering and contextualizes its applications in agriculture and medicine. Furthermore, current political debates will be discussed, particularly those surrounding the moratorium and the draft legislation for plants produced using new breeding technologies. The aim is for students to recognize different perspectives and develop their own well-founded, reflective, and critical stance.
Our team aims to develop a chatbot that provides quick answers to legal questions related to green biotechnology. Using artificial intelligence, the chatbot will generate answers based on key texts from Swiss law. The project seeks to make the complex subject of green biotechnology accessible to the general public.
Sara Fischer and Nadina Isliker are writing their dissertations as part of the NFP 84.
What is this about?
Within the framework of the National Research Program 84 (NRP 84) on innovations in plant breeding, our team is analyzing the regulatory issues surrounding (new) genetic engineering in the field of plant breeding.
Our goal is to define key elements of risk-based regulation that strikes a balance between ensuring safety and promoting innovation.
We are therefore asking how risks can be addressed early on without hindering meaningful innovation. A central aspect of this is the examination of the precautionary principle.
To this end, we are analyzing conventional and new genetic engineering methods using expert interviews and systematically examining them in light of the constitutional precautionary principle. At the same time, we are investigating how modern risk-based instruments, such as cost-benefit analyses, could be incorporated into the legislative process and the application of law.
Meaning of the Project
Climate change, extreme weather events, biodiversity loss, and a growing global population are increasing the pressure on agricultural production. To meet this threat, a wide range of solutions is needed, including the development of plants with increased resistance to disease, drought, or pests. New genetic engineering techniques, also known as new plant breeding technologies, represent a precise method for achieving this.
New breeding technologies offer the opportunity to make agricultural production more sustainable and to continue ensuring food security. Appropriate regulation is a prerequisite for these technologies to be used.
Background
Since 2005, Switzerland has had a moratorium on the cultivation of genetically modified organisms in agriculture. This moratorium has been extended several times and is currently in effect until 2030. Since then, plant breeding has advanced significantly due to advances in genetic engineering: New breeding technologies allow for targeted interventions in a plant's genome. However, these new breeding technologies are also subject to the moratorium, which is why their potential cannot be fully utilized.
Parliament has therefore tasked the Federal Council with developing a risk-based law for plants derived from new breeding technologies, in order to facilitate their future use. In April 2025, the Federal Council launched a consultation process on a new law concerning plants derived from new breeding technologies.
Our project aims to provide a basis for informed decisions in the legislative process by means of recommendations.
Developments in the EU
The European Commission considers the current legislation on new plant breeding technologies to be no longer adequate.
For this reason, on July 5, 2023, the European Commission presented a draft for a special regulation for plants produced using new breeding technologies. On December 4, 2025, the European Parliament and the European Council reached an agreement on the treatment of plants produced using new genomic techniques (NGT). This agreement now requires formal confirmation by the Council and the Parliament.
Among other things, the regulation stipulates that genetically modified plants, whose modifications could also have occurred naturally or through conventional breeding, will be treated like conventional plants. They will not be subject to any special authorization procedures, safety assessments, or labeling requirements.
What exactly are we doing?
We collaborate with experts in the field of green biotechnology, including researchers from ETH Zurich/University of Zurich and Agroscope, to analyze specific use cases. We examine concrete examples (such as apples resistant to fire blight) and review current regulations. This will help us identify whether existing regulations require adjustment and what such changes might entail.
Furthermore, we investigate specific principles in environmental law, such as the precautionary principle, and how it influences legislation in the field of genetic engineering.
What is the NFP 84?
The National Research Programme NFP 84 NFP 84 «Innovations in Plant Breeding» "Innovations in Plant Breeding" investigates how new breeding methods can make plants more resistant to pests, diseases, and climate extremes. The goal is to find solutions that allow us to use fewer pesticides and fertilizers, better protect biodiversity, and still produce enough food. Researchers from various disciplines are examining how new breeding methods can be used in practice in Swiss agriculture, addressing the social, economic, and legal issues surrounding the use of these new technologies.
Schedule
The project duration is 5 years and started in spring 2025.
The precautionary principle is a fundamental guiding principle in environmental law and can be described by the maxim "prevention is better than cure."
According to the precautionary principle, harmful or disruptive impacts on the environment should be limited at an early stage. This obligation applies regardless of whether it can be proven that a concrete threat to the environment exists. The precautionary principle thus also addresses situations in which scientific knowledge is limited. It applies wherever there is reasonable cause to assume potential environmental pollution.
A moratorium on genetic engineering has been in effect in Switzerland since 2005. This moratorium prohibits the marketing of genetically modified plants and other plant propagation material for agricultural, horticultural, or forestry purposes. This means that the cultivation of genetically modified plants is not permitted in Switzerland.
The moratorium on genetic engineering originated from a citizens' initiative demanding a five-year ban. Since then, the moratorium has been repeatedly extended by parliament, most recently until 2030.
Research with genetically modified plants in closed systems and within the framework of field trials remains permitted. Furthermore, genetically modified food or animal feed may be imported into Switzerland, provided that authorization is obtained.
There is no single, universally accepted definition of new breeding technologies. Rather, it is a collective term for all new genetic engineering techniques that have been developed for genetically modified organisms since the EU's GMO Directive of 2001.
"New genetic engineering techniques" is also a collective term for a new generation of techniques that can alter the genetic material of an organism. The term encompasses a range of different, rapidly developing techniques, including genome editing. A key feature of most of these new techniques is the ability to make targeted changes at a specific location in the genome.
"Genome editing" encompasses various methods for the targeted modification of the genome. The most well-known genome editing technique is CRISPR/Cas9. Compared to conventional genetic engineering methods, genome editing is characterized by increased precision, making it less prone to errors and less likely to cause unintended mutations. Genome editing also includes techniques of targeted mutagenesis.
"Targeted mutagenesis" is an umbrella term for techniques that allow for specific mutations to be made in the genome by targeting and altering a particular location within the genome. These include, among others, certain genome editing methods.
"Conventional genetic engineering" refers to established methods of genetic engineering, including transgenesis. Transgenesis involves inserting foreign genes or gene segments into the genome of an organism. Conventional genetic engineering is not targeted; that is, the foreign gene is inserted at a random location in the genome.
"Classical mutagenesis" is a method used since the beginning of the 20th century to modify the genetic material of a plant. Numerous untargeted mutations are induced in the plant genome using radioactive irradiation or chemical treatment. It is therefore also called untargeted mutagenesis. In rare cases, this leads to the desired trait. The unwanted mutations must then be removed as much as possible through backcrossing.
Legally, classical mutagenesis is not considered a genetic engineering technique.
Conventional breeding techniques are methods used to improve plant varieties, and the resulting plant does not fall under the definition of a genetically modified organism.
These include, among others, selective breeding and crossbreeding.
Full Professor for Economic Constitutional Law / Director