DAVID VERSUS GOLIATH - Foodopoly: The Battle Over the Future of Food and Farming in America - page 158

otech companies must apply to field test new insect-resistant GE crop traits, establish permissible pesticide
trait residue levels for food, and register the pesticide trait for commercial production. 44
The EPA also grants experimental use permits for field tests of unregistered pesticides or of registered
pesticides tested for an unregistered use. Applications for permit registration must include management
plans that describe any limitation on cultivating the new insect-resistant GE crops. Biotech seed companies
are responsible for ensuring that farmers follow these management plans. In 2010 the EPA imposed a $2.5
million fine on Monsanto for selling GE seed between 2002 and 2007 without informing farmers about
EPA-mandated planting restrictions.
The third agency involved in the chaotic process is the USDA, which is responsible for protecting crops
and the environment from agricultural pests and weeds, including biotech and conventional crops. Com-
panies submit data to the USDA showing that the new GE plant will not harm agriculture, the environment,
or nontarget organisms, and the USDA either approves or denies the field-testing application within one
month. If the USDA denies the application, the company can reapply under the more involved permit pro-
cess.
Under this more complicated application process, the USDA determines if the GE field trial poses a
significant environmental impact before issuing a permit. The agency reviews scientific submissions for
four months before granting or denying the field-test permit request. If approved, the permit imposes re-
strictions on planting or transportation to prevent the GE plant material from escaping and posing risks to
human health or the environment. The USDA approved the vast majority—92 percent—of the applications
for biotech field releases between 1987 and 2005. The applying company is required to submit field-tri-
al data to the USDA within six months of the test, demonstrating that the crop poses no harm to plants,
nontarget organisms, or the environment. 45 If the applicant violates the permit, the USDA can withdraw

it. 46
After the field tests and before crops are released for commercial use, the USDA must complete an En-
vironmental Assessment (EA) and, in some cases, an Environmental Impact Study (EIS). This is required
under the 1970 National Environmental Policy Act and applies to all crops, including biotech ones. The
EA determines whether the GE crop will pose significant risks to human health or the environment if cul-
tivated. If the USDA decides there is no significant risk, it issues a “finding of no significant impact.” But
if the agency finds more significant environmental implications, it must also perform a more thorough EIS.
The process had been further weakened recently. The USDA already relies on company-supplied data
for many of its EAs, but a 2011 proposed pilot project threatens to compromise the scientific rigor of the
process even more. The two-year pilot project allows consultants that are funded by a cooperative services
agreement between the biotech company and USDA to perform EAs, giving firms more influence over the
safety designation of their own products.
While Europeans have debated the regulation of genetic engineering, the situation on our side of the At-
lantic was settled in the 1990s. 47 The approvals for genetically engineered seeds and other products came
fast and furiously, especially as Monsanto gobbled up the seed companies and DuPont followed suit. The
controversy continues with each product introduced, especially those introduced for human consumption.
In 2002 Monsanto petitioned the USDA to approve Roundup Ready red spring wheat, the first GE crop
designed primarily for human food consumption rather than for livestock feed or for a processed food in-
gredient. Given that Japan and the EU have different restrictions for GE food crops, the large-scale manu-
facture of GE wheat could damage options for U.S. wheat exports. A 2004 Iowa State study forecasted that
approving GE wheat could lower U.S. wheat exports by 30 percent to 50 percent and depress prices for
both GE and conventional wheat. Because of export concerns, Monsanto abandoned GE wheat field trials
before obtaining commercial approval, although the company resumed research in 2009. 48