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Andrew Kimbrell

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Will Congress Let Monsanto Write Its Own Rules?

Posted: 07/12/2012 10:31 am

Co-Authored by Colin O'Neil, Regulatory Policy Analyst at the Center for Food Safety

The agricultural biotech industry -- well, let's call it what it really is: the chemical industry -- has gone on the offensive as never before with a set of slippery policy riders to the House Farm Bill. It's a new low even for an industry that has spent years and tens of millions of lobbying dollars trying to dismantle the basic safeguards that stand between a regulated, healthy food supply and the profit margins chemical industry executives pine for. If passed, these riders would undermine the few laws that are currently in place to protect farmers' rights, our health and our environment from the many adverse impacts of genetically engineered (GE) crops.

Waking to the news this morning that the bill reported out of committee late last night with this suite of riders perfectly intact should give everyone interested in a safer, more secure food supply (and U.S. economy, for that matter) a definite chill, even during these incredibly hot July days. Why? Because one important question has become very real: Will Congress let the chemical industry write its own rules?

Deliberately buried in the House Agriculture Committee's voluminous discussion draft of the 2012 Farm Bill, these significant changes to the Plant Protection Act (PPA) -- one of the few statues that regulate GE crops -- will counter the gains that have been made to protect our food supply and the farmers who grow it. The provisions (Sections 10011, 10013 and 10014) would force the rushed commercialization of GE crops, create a backdoor approval for Dow's "Agent Orange" corn and eliminate any meaningful review of the impacts of these novel crops.

Science and time have shown that GE crops cause significant harm to agriculture and the environment. The overwhelming majority of these novel crops are engineered to be resistant to herbicides, such as Monsanto's Roundup, and have dramatically increased overall herbicide use by 382 million lbs. This spike has, in turn, caused an epidemic scourge of herbicide-resistant superweeds. And they have caused repeated transgenic contamination of non-biotech crop, costing farmers and businesses billions of dollars, as well as permanent contamination of the wild.

Federal courts have ruled for farmers, businesses and public interest plaintiffs numerous times, holding that USDA had violated federal law when approving GE crops by failing to adequately consider and regulate their harms. But rather than address these continued failures, the chemical industry's allies in Congress are trying to change the law via the Farm Bill. The logic being: if you can't win the game, change the rules.

These changes, if allowed to become law, would have numerous negative impacts and outlaw responsible governance. For example, one proposed rider would outlaw any review of GE crops' impacts under the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA) and other environmental laws. This suite of "biotech riders" would have a devastating impact on our country's protection of endangered species. It would also outlaw review by any agency other than the USDA. As a result, the potential impacts of GE crops, including increased pesticide use, on endangered species and other wildlife would not be assessed by our expert wildlife agencies, allowing a GE crop approval to go forward, even if it would cause the extinction of a protected species. Such changes in regulation leave our protected wildlife populations in severe jeopardy and undermine the agencies working hard to ensure their survival. Instead, USDA would only be required to perform narrow, newly established cursory environmental analysis. It even goes so far as to prohibit the Department from using any funds to conduct any additional environmental analyses, even if a federal judge deems such analyses necessary.

To make matters worse, the proposed riders include several means for "backdoor" approvals of GE crops. One rider would allow potentially dangerous GE crops to be commercialized without necessary safety assessments by establishing deliberately impossible deadlines for USDA to meet. Under this provision, if USDA fails to review and approve a GE crop within the short agency deadline, an immediate "default" approval and commercialization would be granted. Thus commercialization of novel GE crops could occur without any agency analysis, let alone any approval, taking place. This new one-year deadline to approve or deny an application (with an optional 180-day extension) will put unreasonable pressure on the Department and will undoubtedly impact its willingness to even attempt rigorous risk assessments.

It's no secret -- our federal agencies are underfunded and already swamped with the important task of reviewing and assessing new industry products, including GE crops. To suggest that approval of new crops that are resistant to toxic pesticides -- like 2,4-D and Dicamba -- should occur "automatically," without a thorough environmental and economic analysis, is absurd. It flies in the face of farmers' basic rights to grow their crop of choice, be protected from transgenic contamination and not be subjected to chemical drift from the use of ever-increasingly higher levels of toxic herbicides.

But it doesn't stop there. The riders also open up a proposed second backdoor approval opportunity for GE crops that have gone through an initial public comment period and are currently under review by the USDA. Under this condition, if USDA is unable to approve or deny a crop application within 90 days of the Farm Bill passage, then the crop would be deemed approved. That's right. If USDA can't get through the process on schedule -- a schedule created to make sure they won't -- then all the safeguards come down and a new GE crop enters the public sphere without a regulatory roadblock in its way.

And if that doesn't sound serious enough for you, consider the fact that one of the crops that this could apply to is Dow's 2,4-D corn. Some know it better as "Agent Orange" corn, a GE crop engineered to withstand exposure to one of the chemicals in the infamous Vietnam-era herbicide. There's no doubt about it, the deadlines would be impossible to meet given the volume of public and scientific comments the Department receives (the agency received over 350,000 on the proposed Dow corn approval alone) and the number of applications currently being considered.

Conventional (non-biotech) and organic farmers, as well as grain handlers, grain millers and processors have already suffered substantial economic losses in the past due to transgenic contamination from GE crops. If these proposed provisions become law, the Secretary of Agriculture may be unable to prevent costly contamination episodes, like Starlink corn or Liberty Link rice, which result in market rejection, loss of foreign and domestic markets and untold millions of dollars in lost revenue to farmers and the food industry.

But the chemical interests thought of that, too. They've inserted a rider that would compel USDA to establish an extremely controversial national policy for the "low-level presence" of GE material in crops, setting for the first time an acceptable level of GE contamination in non-GE crops in the U.S. The disassociation of the chemical industry's priorities from reality is almost inexplicable. Consumer demand for GE-free foods is higher than ever, both in the U.S. and abroad. Any policy that intentionally allows for GE material in crops and does nothing to prevent contamination of conventional and organic crops poses serious and irreversible economic harm to thousands of farmers, handlers, food processors and manufacturers. And beyond that, this illogical and unreasonable policy would severely impact the capability to export U.S. agricultural products to vital foreign markets that have restrictions on GE material in food.

American agriculture is at a crossroads. The mere fact that these riders are actually under discussion in today's House Agriculture Committee Farm Bill mark-up session is a testament to the changed reality we are facing. Far from moving closer to a safer, healthier and better regulated food supply, we're all witness to an attempted shift away from those principles -- delivering our regulatory and decision-making powers over U.S. agriculture into the hands of industry. It's a scary scenario.

So, will Congress let the chemical industry write its own rules? For the sake of all American farmers, consumers and the environment, let's hope the House Agriculture Committee and other members of Congress will see the true intent of these riders and strike them from the Farm Bill before more damage is done.

 
FOLLOW POLITICS
Co-Authored by Colin O'Neil, Regulatory Policy Analyst at the Center for Food Safety The agricultural biotech industry -- well, let's call it what it really is: the chemical industry -- has gone on t...
Co-Authored by Colin O'Neil, Regulatory Policy Analyst at the Center for Food Safety The agricultural biotech industry -- well, let's call it what it really is: the chemical industry -- has gone on t...
 
 
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HUFFPOST SUPER USER
Act out
Make love not war.
10:28 AM on 08/01/2012
No matter how you say it Monsanto is trying to dominate the worlds food supply. Right now Monsanto is suing one of its largest rivals, DuPont, for what the company says are violations of a licensing agreement. They are not just suing big companies that infringe on their copy rights they are suing farmers as well.

They say all they want to do is save the planet from starvation. I for one don't believe a word of it. The super plants that resist the ill effects of herbicides and pesticides are being ingested by us and creating super weeds. Their G.M.O. plants are cross breeding with our natural selection plants.

Watch for free "The World According To Monsanto"

http://topdocumentaryfilms.com/the-world-according-to-monsanto/
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HUFFPOST PUNDIT
aligatorhardt
Cut on the bias
09:26 AM on 07/16/2012
Attempting to circumvent the law should be an impeachable offense for members of Congress that make such obvious disregard for their public trust. This is the direct result of legalized bribery of Congress, the result of our sponsored candidate election financing system. And it is the result of the failure of the DOJ to carry out it's duty to prosecute bribery and conflicts of interest in government. When people hired to do a job refuse to fulfill that duty, then they deserve to be removed from office.
05:27 PM on 07/17/2012
Link to harass your congressperson: http://www.organicconsumers.org/articles/article_25711.cfm

There is an amendment to eliminate the Monsanto rider, both up for discussion in the House. See link.
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HUFFPOST SUPER USER
Max Load
Politicians: What you see is never what you get.
05:34 PM on 07/15/2012
Why isn't this front page news in Green, that the Party of States Rights and the Constitution is sponsoring a rider that makes it mandatory to plant GMO crops despite environmental impacts and judicial rulings to the contrary?

This flies in the face of everything this country has stood for since it's inception, and to see only 18 comments...that's beyond sad.
09:51 PM on 07/13/2012
Now that Monsanto is a person ---- which of the four ' Horsemen ' is he ?
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HUFFPOST SUPER USER
PSDave
FRACKING gives me gas....
09:43 PM on 07/15/2012
Great point!.......not even 2-4 D cornee
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HUFFPOST SUPER USER
Rick Carufel
Ban SSRIs not guns!!!
02:01 PM on 07/13/2012
Just another reason riders need to be outlawed.
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HUFFPOST SUPER USER
Dan Zuffi
12:41 PM on 07/13/2012
Are you concerned about your garden vegetable seeds? Here's a list of seed companies gobbled up by Monsanto and those that are not.

http://www.garden-of-eatin.com/how-to-avoid-monsanto/
mothergrace
If they knock you down, bite 'em on the ankle.
05:32 PM on 07/13/2012
Thanks for this link. I already buy from Baker Creek but it is good to have a place to keep up, have a choice and pass along to others.
12:17 PM on 07/16/2012
Monsanto will gobble them all one way or another. It's par for their course.
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unionave
Old Codger
06:34 PM on 07/12/2012
Does Monsanto have a monopoly on all the plant seeds in the world ?
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HUFFPOST SUPER USER
Max Load
Politicians: What you see is never what you get.
05:31 PM on 07/15/2012
Not yet, but they are aiming to.
12:20 PM on 07/16/2012
They are producing genetically modified seeds and yes, they do actually hold patents on those seeds which will modify the planet and every living thing here - and not for the better They are busy putting the "heirloom" seed competition out of business so soon only the Monsanto seeds will be available to farmers and the rest of us.
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05:16 PM on 07/12/2012
''Monsanto should not have to vouchsafe the safety of biotech food. Our interest is in selling as much of it as possible. Assuring its safety is the F.D.A.'s job.''

~Phil Angell, Monsanto's director of corporate communications

Forget about science, facts, knowledge or truth. This is what the conversation must focus on first.
mothergrace
If they knock you down, bite 'em on the ankle.
05:35 PM on 07/13/2012
Well that's fine as long as everyone accepts the reality of the fact that companies really don't care about anything but selling as much as possible and then consumers demand and government provides good oversight. Consumers can also demand proper action from companies directly.

Too often, however, people refuse to believe that others are so short sighted as to sell something that can be harmful in some way and government becomes corrupted. Our FDA and USDA are polluted with refugees from Monsanto and DuPont and Dow and the FDA is also in thrall to big pharma so we are on our own.
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08:44 PM on 07/13/2012
We agree. That was my point. But the circular logic of these criminals
must constantly be emphasized so that they can't hide behind rationalizations of 'free market' and the rest of the subterfuge.
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JstDarla
Gone Fishing
11:40 AM on 07/14/2012
They need to be stopped now before they ruin all of our food sources, our soils and seeds with their poisons. Come on people if their GMO corn and other vegetables will kill bugs if they eat them, what do you think they are doing to us. Nobody should have the monopoly on food, air, and water.
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mlaiuppa
Pres. Sarcasm Society. Like we need your approval.
03:52 PM on 07/12/2012
Short answer: Yes.

Because Monsanto has lots of money and the Supreme Court says that can spend as much as they want to buy their own way.
02:04 PM on 07/12/2012
Dear Andrew,

strange, the only link you give to back up any data presented seems to send me to YOUR BLOG, which is a synopsis of a report that seems to be sponsored by your anti-GM "center".

I also found some data from some people called the "National Academy of Sciences" (have you heard of them?), and they say explicitly that pesticide use is down since the introduction of GE crops:

http://www8.nationalacademies.org/onpinews/newsitem.aspx?RecordID=12804

How could each of your group's data vary so much in conclusion? Please review and comment.
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05:16 PM on 07/12/2012
Hazel, see above...
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HazelPethigFan
I don't know until I know
01:41 PM on 07/13/2012
let's see. you talk like you seem to have made many posts to know who Hazel is, but you are an unknown with just 5 friends. ok john369, amber and john2021. why you lie? why you lie? you are obviously the same person. but then you seem to think i am farmer guy and benwha. dontya think there is just a chance there is more than one farmer in this country?
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HUFFPOST SUPER USER
Jim Milks
Ecologist
05:54 PM on 07/12/2012
Good observation. The Center for Food Safety is using the term pesticide to include both herbicides and insecticides whereas the NAS is using the term "pesticide" to mean just insecticides. If you break the numbers down, they are:

+383 million pounds of herbicides (not considered in the NAS report)
-64 million pounds of insecticides (which agrees with the NAS report)

between 1996 and 2008.

So while the Center has a point about increased herbicide use (after all, run-off from such fields kill aquatic plants), they're undercutting their credibility by using the more emotionally charged term "pesticide" in their report.
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HUFFPOST PUNDIT
aligatorhardt
Cut on the bias
09:30 AM on 07/16/2012
Thanks for the clarification.
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HUFFPOST SUPER USER
vietveter
To the FAR LEFT
01:42 PM on 07/12/2012
Monsanto can be trusted to do what is best for monsanto.

As a victim of agent orange I can say first hand; Monsanto

cares about their money now, not side effects it may have

on people or animals down the road. If they would let me

write the farm bill I would make Monsanto just go away.
11:34 PM on 07/17/2012
I have experienced the same and now have 100% disability due to Agent Orange. I have had all the markers of what can go wrong with you, thanks to Monsanto. Welcome home brother.
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HUFFPOST SUPER USER
vietveter
To the FAR LEFT
06:30 AM on 07/18/2012
Do you remember when you went through all that crap with the VA, well that is where I am trapped now. THANKS - AND i am glad you are back too.~)
12:47 PM on 07/12/2012
Why change now? Monsanto has been running the show for decades.
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Gestas
Mountain Man
12:39 PM on 07/12/2012
More proof that the people we send to Washington don't write the laws, they just play golf with the people that do write the laws. Maybe Mr. Romney can put that on his list of things He will fix on that first day in office. Thats the day we will see ATLAS in action.
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HUFFPOST SUPER USER
wildwildwest
Hell is empty and all the Devils are here...
10:57 PM on 07/13/2012
Mountain Man, are you being serious? Facetious? Sarcastic? It's hard to tell when folks mention Rmoney, er, I mean, Romney...