Day 040 - 21 Oct 94 - Page 09


     
     1        that it came to the attention of the SCF when it was
     2        published or shortly thereafter?
     3        A.  I would be surprised if the Scientific Secretariat of
     4        the SCF and the submembers of the SCF would not also have
     5        read the JECFA report; I expect they did.
     6
     7   Q.   It would be absolutely astonishing, would it not, if they
     8        did not read the conclusions of JECFA about one of the
     9        substances which they presently have under review?
    10        A.  It would not be remarkable if one or two members of SCF
    11        had not read it, because some of them are nutritionists
    12        rather than toxicologists who tend to focus on other
    13        topics.  But it certainly would be remarkable if
    14        toxicologists who were on the SCF did not read the JECFA
    15        report.
    16
    17   Q.   Have you seen this paper before, No. 19 of the series in
    18        1984?
    19        A.  Indeed I have.  I have a copy in my study; I consult it
    20        regularly.
    21
    22   Q.   Then, perhaps, you can help me with this:  Unless I have
    23        missed it -- if I have, I apologise -- I cannot find a
    24        reference to it in your report.
    25        A.  I am not sure whether I refer to it either, but the
    26        fact that I may not have explicitly referred to it does not
    27        mean I was not aware of it.  I have indices of both the
    28        reports of the Scientific Committee for Food and the Joint
    29        Expert Committee.  When I examine a compound, I trawl
    30        through those and pull out the references from both
    31        committees.  So I am indeed familiar with this.
    32
    33   Q.   The difficulty is, Dr. Millstone, I am going to suggest to
    34        you that when one comes to consider the carcinogenicity, or
    35        potential carcinogenicity, in man of Amaranth, the possible
    36        adverse effect of renal calcification and the validity of
    37        the SCF's activities which you have criticised on this
    38        page, this is actually rather an important document; do you
    39        follow me?
    40        A.  Well, my -- I am not questioning the importance of that
    41        document, but my understanding from both the SCF and JECFA
    42        and the COT, for that matter, is each jealously guards its
    43        own independence.  Insofar as the SCF indicated in 1983
    44        that they were calling for more information, my expectation
    45        would have been that they ought to have, in the normal
    46        course of events, returned to this matter whether or not
    47        JECFA had already done so.
    48
    49        From time to time the judgments of JECFA and the judgments
    50        of the Scientific Committee for Food do coincide; from time 
    51        to time they differ, and they each take responsibility for 
    52        their own judgments.  An ADI set by the SCF carries weight 
    53        in the decision-making of the European Commission and the
    54        Council of Ministers quite directly, since the SCF is a
    55        statutory body of the European Community, the European
    56        Union, whereas that is not the case with JECFA.
    57
    58   MR. JUSTICE BELL:  Am I misunderstanding completely?  The
    59        paragraph before the one you have been referred to says:
    60        "In 1983 the SCF awarded a permanent ADI".  Is that the

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