By KEVIN WALKER
Michigan Correspondent
 
WASHINGTON, D.C. — The USDA’s Animal Plant Health Inspection Service (APHIS) issued its decision last week to fully deregulate Roundup Ready (RR) alfalfa, which is genetically modified seed resistant to Roundup, the name Monsanto gave to its brand of the herbicide glyphosate.

“After conducting a thorough and transparent examination of alfalfa through a multi-alternative environmental impact statement (EIS) and several public comment opportunities, APHIS has determined that Roundup Ready alfalfa is as safe as traditionally bred alfalfa,” said USDA Secretary Tom Vilsack.
“All of the alfalfa production stakeholders involved in this issue have stressed their willingness to work together to find solutions.

We greatly appreciate and value the work they’ve done so far and will continue to provide support to the wide variety of sectors that make American agriculture successful.”

The National Corn Growers Assoc. (NCGA) was pleased with APHIS’ latest action. “This is the right decision,” said Jim Zimmerman, vice chair of NCGA’s Trade Policy and Biotechnology Action Team, and a farmer from Rosendale, Wis.
“A clean, full deregulation is the best decision for producers and lets farmers plant the kind of alfalfa they choose this spring.”

Something other than a “clean” decision is exactly what some people were worried about after APHIS published its final EIS last December. That EIS, published on Dec. 16, offered three different scenarios. The first was to do nothing, which would have meant RR alfalfa would not have been deregulated.
The second alternative was full deregulation. It also offered a third alternative, which would have meant deregulation with certain conditions, namely isolation distances for application of the seed as well as geographical restrictions on its use.

The new chair of the U.S. House agriculture committee, Rep. Frank Lucas (R-Okla.), and some of his colleagues wrote a letter dated Jan. 19 to Vilsack expressing their concerns about APHIS’ approach to the RR alfalfa issue. The letter states it is beyond the scope of APHIS’ authority to restrict the use of RR alfalfa if the seed is found not to be a plant pest under the law.
“It is unfortunate that those critical of the technology have decided to litigate and as you rightly point out that courts may unwisely interfere in normal commerce,” the letter reads. “However, the alternative you propose and include in the EIS is equally disturbing since it politicizes the regulatory process and goes beyond your statutory authority and indeed Congress’ intent in the Plant Protection Act (PPA)…

“If the final decision is that the product is not a plant pest, nor would the movement of the product in question impose the risk of dissemination of a plant pest, then USDA has no authority to impose further restrictions.”

In a document called a Record of Decision published last week, APHIS reviews the whole background on how RR alfalfa came to be an issue and how the agency resolved it. After the department issued and published its final EIS, it brought stakeholders together to have a conversation on how best to ensure the “coexistence” of genetically modified seed such as RR alfalfa along with conventional and organic alfalfa seed.

In his letter, Lucas described his enthusiasm for such conversations, but also described the talks taking place under the auspices of APHIS as “under duress.
“Decisions should be based on science with other factors more appropriately considered in the marketplace,” Lucas’ letter reads.

In its 17-page decision document, APHIS quotes from its December EIS, writing that the agency may grant a petition “in whole or in part, or it may deny the petition” for deregulated status of RR alfalfa under the law spelling out its authority.

“In view of the regulatory requirements in the PPA, the complexity and broad scope of issues involved in fostering coexistence and considering the positive steps already taken by industry groups to promote best management practices and stewardship measures, APHIS believes Alternative 2 best meets the overall purpose and need for agency action identified in the FEIS,” it reads.
In a question-and-answer fact sheet the agency published along with its decision document, the agency answers the question: What does this decision mean for farmers? They may now “freely move and plant RR alfalfa seed without further oversight from APHIS,” but it reminds farmers that Monsanto’s own restrictions on how RR alfalfa seed can be used will undoubtedly still be in place.

These documents may be viewed at www.aphis.usda.gov