High Mowing Seeds is a Plaintiff in Suit Against Genetically Engineered Beets Negative Impacts on Crops, Business, Environment, and Consumer Rights Cited

San Francisco, CA, January 23, 2008 – Today, farmers, food safety advocates, and conservation groups filed suit in federal court challenging the deregulation of herbicide-tolerant “Roundup Ready” sugar beets by the Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture (USDA).  Attorneys from the Center for Food Safety and Earthjustice are representing plaintiffs Organic Seed Alliance, Sierra Club, High Mowing Organic Seeds, and the Center for Food Safety in the lawsuit, which seeks a thorough assessment of environmental, health, and associated economic impacts of the deregulation as required by federal law.
 
This spring, commercial sugar beet farmers in the western U.S. will begin planting Roundup Ready sugar beets, which are genetically engineered (GE) to be resistant to Monsanto’s herbicide Roundup.  Sugar beet seeds are primarily grown in Oregon’s Willamette Valley, also an important seed growing area for crops closely related to sugar beets, such as organic chard and table beets. The wind-pollinated GE sugar beets will inevitably cross-pollinate with related crops being grown in close proximity, contaminating conventional sugar beets and organic chard and table beet crops.
 
“Contamination from genetically engineered pollen is a major risk to both the conventional and organic seed farmers, who have a long history in the Willamette Valley,” said the Organic Seed Alliance’s Director of Advocacy, Matthew Dillon.  “The economic impact of contamination affects not only these seed farmers, but the beet and chard farmers who rely on the genetic integrity of their varieties.”
 
GE sugar beets are wind pollinated, and there is a strong possibility that pollen from Roundup Ready sugar beets could contaminate non-GE sugar beets and important food crops such as chard, and red and yellow beets (or “table beets&rdquo.  Such biological contamination would also be devastating to organic farmers, who face debilitating market losses if their crops are contaminated by a GE variety.  Contamination also reduces the ability of conventional farmers to decide what to grow, and limits consumer choice of natural foods.
 
According to Tom Stearns, President of High Mowing Organic Seeds, “the issue of releasing GMO crops without serious research or oversight risks the security of our food supply and the economic viability of our nation’s non-GMO and organic farmers.”
 
In addition to the risk of crop contamination, scientific studies have shown that applications of Roundup, a glyphosate-based herbicide, increase significantly when Roundup Ready crops are grown.  Increased use of this herbicide is instrumental in the creation of Roundup-resistant “super weeds”.
 
“Contrary to the industry’s mantra that these plants reduce chemical use, studies have shown that herbicide use actually increases with the planting of Roundup Ready crops,” said Kevin Golden, of the Center for Food Safety. “Just as overuse of antibiotics eventually breeds drug resistant bacteria, overuse of Roundup eventually breeds Roundup-resistant weeds. When that happens, farmers are forced to rely on even more toxic herbicides to control those weeds.”
 
Crops that have been genetically engineered to withstand herbicides made up 81% of the GE crops planted globally in 2006.  99% of the herbicide tolerant crops grown in the U.S. are “Roundup Ready”.  According to an independent analysis of USDA data by former Board of Agriculture Chair of the National Academy of Sciences, Dr. Charles Benbrook, GE crops increased herbicide use in the U.S. by 122 million pounds – a 15-fold increase – between 1994 (when GE herbicide-tolerant crops were introduced) to 2004.
 
“The law requires the government to take a hard look at the impact that deregulating Roundup Ready sugar beets will have on human health, agriculture and the environment,” said Greg Loarie of Earthjustice.  “The government cannot simply ignore the fact that deregulation will harm organic farmers and consumers, and exacerbate the growing epidemic of herbicide-resistant weeds.”
 
These herbicide-resistant weeds have spread rapidly over the past seven years, and experts agree that their proliferation is directly linked to the introduction of Roundup Ready crops, including soybeans, cotton and corn.  As recently as 2000, there were no documented cases of weeds resistant to glyphosate in the Corn Belt.  Today, marestail, common and giant ragweed, waterhemp and Palmer pigweed are weeds with confirmed resistance to glyphosate.  Cocklebur, lambsquarters, morning glory, velvetleaf, and others are also proving tougher to kill.  In total, Roundup-resistant weeds have been reported on 2.4 million acres of U.S. cropland.
 
The sugar produced by Roundup Ready beets, which may have greatly elevated levels of the herbicide glyphosphate, may be included in products ranging from candy to breakfast cereal to bread.  At this point, none of those products will require labeling of any kind to indicate the presence of sugar derived from Roundup Ready sugar beets.
 
“As a consumer, I’m very concerned about genetically-engineered sugar making its way into the products I eat, as well as genetic contamination of conventional and organically grown varieties of table beets and chard,” said the Sierra Club’s Neil Carman.  “It’s unacceptable for consumers to be exposed to untested genetically engineered ingredients in foods that aren’t labeled.  At a time when consumers are facing multiple food safety challenges, we don’t need more corporations messing with our food supply.”
 
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EXPERTS AVAILABLE FOR INTERVIEW ON SUGAR BEETS, HERBICIDES AND CONTAMINATION
 
Cost to farmers caused by contamination:
Greg Yielding
501-442-0995
 
Greg Yielding, Executive Director of the Arkansas Rice Growers Association and is a Field Representative of the U.S. Rice Producers Association.  Greg works daily with government officials on issues that directly affect farmers. He also keeps rice growers informed about pressing issues whether policy related or market oriented. He has hosted several foreign delegations in the U.S. and has traveled to Central Asia and China to expand U.S. rice markets. Greg was instrumental in efforts to protect the U.S. rice crop from varieties of commercial impact (GMOs) in Arkansas and Missouri.
 
Expert on beet breeding, especially pollen drift:
Dr. John Navazio
360/316-1197

 
Dr. John Navazio is the Plant Breeding and Genetics Research Coordinator for Organic Seed Alliance. He is also a faculty member at Prescott College in Prescott, Arizona and teaches classes in Ecological Agriculture and Plant Breeding for Sustainable Systems. John is a plant geneticist whose research and teaching is directed at the integration of innovative organic farming methods with breeding crops for decreased inputs and resistance to the environmental challenges of the 21st century. John spent eight years as a commercial vegetable breeder focused on beets, chard, and spinach. John earned a M.S. and a Ph.D. in Plant Breeding and Plant Genetics from the University of Wisconsin.
 
Expert on issues related to Roundup Ready crops, especially weed resistance:
Dr. Charles Benbrook
541-828-7918

 
Dr. Charles Benbrook worked in Washington,  D.C. on agricultural policy, science and regulatory issues from 1979 through 1997. He served as the agricultural staff expert on the Council for Environmental Quality at the end of the Carter Administration. Following the election of Ronald Reagan, he moved to Capitol Hill in early 1981 and was the Executive Director of the Subcommittee of the House Committee on Agriculture with jurisdiction over pesticide regulation, research, trade and foreign agricultural issues. In 1984 Benbrook was recruited to the job of Executive Director, Board on Agriculture of the National Academy of Sciences, a position he held for seven years. Several influential NAS reports were done in this period on the need for and aspects of sustainable agriculture. In late 1990s he formed Benbrook Consulting Services. Dr. Benbrook has written many reports, books, and peer reviewed articles on agricultural science, technology, public health, and environmental issues.
 
Date:                January 14, 2008
To:                   Sugar Beet Media Team
From:               Kevin Golden
 
Re: Executive Summary GE Sugar Beet Case
 
CASE SUMMARY
 
The Center for Food Safety, Organic Seed Alliance, High Mowing Organic Seeds and the Sierra Club, represented by Earthjustice and Center for Food Safety lawyers, are filing a lawsuit on Wednesday, January 23, 2008 to challenge a decision by the United States Department of Agriculture (“USDA&rdquo to deregulate a variety of sugar beet that has been genetically engineered by Monsanto Company to resist glyphosate, the active ingredient in the herbicide Roundup.  As a result of deregulation, these “Roundup Ready” sugar beets will be grown and distributed throughout the United States on a commercial scale for the first time this year.
 
The environmental impacts associated with growing crops that have been genetically engineered to resist Roundup are well documented.  Wind-blown pollen from Roundup Ready sugar beets will contaminate conventional beets and other related crops, such as chard and table beets.  Such biological contamination is costly to detect, difficult to reverse, and detrimental to farmers and consumers of conventional and organic varieties.
 
In addition, scientific studies have shown that large-scale cultivation of Roundup Ready crops results in a significant increase in Roundup use, because there is no need to be precise and judicious in applying Roundup to such crops.  Just as overuse of antibiotics eventually breeds drug-resistant bacteria, overuse of Roundup eventually breeds Roundup-resistant weeds.  Eight species of weeds with glyphosate resistance have already been documented in the U.S.: horseweed, pigweed, common waterhemp, common ragweed, giant ragweed, Italian ryegrass, rigid ryegrass and hairy fleabane.  Found in 19 states, including California (3 different species), Michigan, Nebraska and Oregon that grow sugar beets.  This epidemic of resistant weeds has developed very rapidly over the past seven years, and experts agree that it is directly linked to the widespread introduction of Roundup Ready crops (soybeans, cotton and corn).
 
Glyphosate-resistant weeds reported in 2.4 million acres of U.S. cropland.  To control these “super weeds,” farmers must resort to even more toxic and hazardous herbicides, such as methylsulfuon, 2,4 D, or dicamba, despite their ill effect on the environment, workers and consumers.
 
USDA’s decision to deregulate Roundup Ready sugar beets violated federal law.  As set forth in Plaintiffs’ complaint, the environmental review prepared by USDA in connection with its deregulation determination is cursory and inadequate, in violation of the National Environmental Policy Act (“NEPA&rdquo.  In addition, USDA’s deregulation determination violates the Plant Protection Act and the Administrative Procedure Act.
 
Plaintiffs Center for Food Safety, Organic Seed Alliance, High Mowing Organic Seeds and Sierra Club ask the Federal Court to vacate USDA’s deregulation determination, order USDA to prepare a full environmental impact statement in connection with any future deregulation determination, and enjoin any further planting and dissemination of Roundup Ready sugar beets pending USDA’s compliance with all applicable federal laws.
 
PARTIES
 
Center for Food Safety
 
Plaintiff Center for Food Safety (“CFS&rdquo is a Washington, D.C., nonprofit corporation that has offices in San Francisco, CA and Washington, D.C.  Since the organization’s founding in 1997, CFS has sought to address the adverse impacts of industrial farming and food production systems on human health, animal welfare, and the environment.  CFS is a membership organization with members in almost every state across the country, including members in states and locations where sugar beets are being grown.
 
CFS seeks to protect human health and the environment by ensuring that genetically engineered (“GE&rdquo products are thoroughly safety-tested prior to any marketing; that such products are tested in a manner that minimizes any risk of contaminating non-genetically engineered seeds, organic seeds, food supplies or the environment; and that such products and foods created through genetic engineering, if on the market, are appropriately labeled.  CFS also seeks to provide consumers with a means of identifying genetically engineered foods on the market and to encourage full public participation in defining and addressing the issues presented by GE crops.  To this end, CFS sends out action alerts to its True Food Network, a 57,000 member network; these action alerts generate letters to governmental officials concerning genetic engineering and other issues affecting a sustainable food system.
 
CFS’ members grow organic seed crops related to sugar beets and consume products made with sugar derived from sugar beets.  CFS’ members also regularly eat organic foods and desire foods that are free of genetically engineered materials and chemical pesticides.  The proliferation of Roundup Ready sugar beets will contaminate non-GE sugar beet seeds, organic and conventional non-GE related seeds lines such as chard and table beets, and reduce the supply of sugar and food processed with sugar that is not contaminated with genetically engineered material.  The cultivation of Roundup Ready sugar beets will also greatly increase the use of Roundup on sugar beets, and therefore increase Roundup residues in foods made with sugar from Roundup Ready sugar beets.  Defendants’ actions in allowing the introduction of genetically engineered sugar beets into the environment will imminently make it more difficult for CFS’ members to produce, sell, and eat foods not contaminated by genetically engineered materials.
 
Organic Seed Alliance
 
Plaintiff Organic Seed Alliance (“OSA&rdquo is a Port Townsend, WA-based nonprofit corporation, founded in 1975 as Abundant Life Seed Foundation, with a name change to Organic Seed Alliance in 2003.  OSA promotes the ethical development and stewardship of the genetic resources of agricultural seed, and accomplishes its goals through collaborative education and research programs with organic farmers and other seed professionals.
 
OSA’s primary mission is the development and stewardship of organic seed varieties, and it is concerned that the commercialization of GE sugar beets will contaminate organic seed varieties of related species.  When such reasonably foreseeable contamination occurs, OSA and its partners will be harmed because the seed lines they breed and protect will be harmed.  OSA also will have to increase its efforts to try to prevent such contamination.  Additionally, OSA’s partners grow organic seed crops related to, and sexually compatible with, sugar beets.  USDA’s decision to allow the introduction of GE sugar beets into the environment will make it more difficult, if not impossible, for OSA’s farmer partners to grow and sell related species not contaminated by GE materials.
 
High Mowing Organic Seeds
 
Plaintiff High Mowing Organic Seeds, a Vermont-based business, is the premier organic seed company in the U.S., supplying primarily commercial growers with 100% certified organic vegetable, flower and herb seeds.  It was founded by Tom Stearns in 1996 and has expanded greatly since then to meet the growing demand for high quality organic seed.
 
High Mowing Organic Seeds is different from most other seed companies in several key ways: 1) it offers only 100% certified organic seeds; 2) it works directly with its seed growers to ensure genetic purity and highest quality seed; 3) it is involved in all aspects of the seed industry, from breeding and research and seed production, to seed cleaning, testing and distribution.  Through this level of oversight and industry involvement, High Mowing Organic Seeds is able to offer the highest quality seed available.
 
High Mowing Organic Seeds distributes nine varieties of table beets and five varieties of chard.  Contamination from GE sugar beets threatens the purity of these seed lines and status of these seed varieties as organic.  USDA’s Deregulation Determination will fundamentally change the nature of the beet and chard seed industry and cause economic and aesthetic injury to High Mowing Organic Seeds.
 
Sierra Club
 
Plaintiff Sierra Club is a national nonprofit organization dedicated to exploring, enjoying, and protecting the wild places of the earth; to practicing and promoting the responsible use of the earth’s ecosystems and resources; to educating and enlisting humanity to protect and restore the quality of the natural and human environment; and to using all lawful means to carry out these objectives.
 
The Sierra Club’s concerns encompass endangered species, habitat protection, pollution, genetic engineering, and industrial agriculture.  The Sierra Club’s Genetic Engineering Committee educates the public and advocates for regulatory reform to protect the natural environment and human health from the threats posed by the release of novel genetically engineered organisms, including Roundup Ready crops such as the sugar beets that are the subject of USDA’s deregulation determination and this lawsuit.
 
The Sierra Club’s members include farmers, ranchers, and rural residents who live in agricultural locations where Roundup Ready sugar beets will be grown and who will be affected by the sugar beet crop.  Members who grow sugar beets, or related species of chard and beets, may lose their ability to grow their organic and/or conventional crop of choice and suffer from a reduced market if such crops are contaminated with GE sugar beets.  Sierra Club members also regularly eat organic foods and desire foods that are free of GE materials and chemical herbicides, and may lose their ability to choose to eat GE-free organic and/or conventional foods.
 
Earthjustice
 
Earthjustice is a non-profit public interest law firm dedicated to protecting the magnificent places, natural resources, and wildlife of this earth, and to defending the right of all people to a healthy environment. Earthjustice brings about far-reaching change by enforcing and strengthening environmental laws on behalf of hundreds of organizations, coalitions and communities, including organizations working to ensure full public oversight of companies that genetically engineer plants for the production of food or chemicals.