WASHINGTON Susan and Mark Fitzgerald have farmed for 17
years on the black soil of the Minnesota prairie, a place
"where the wind likes to blow." They took all of the
precautions they thought necessary to make sure their 100
acres of corn was organic, a tag the can double the earnings
on their yield.
The husband-and-wife team set up barriers of bushes,
shrubs, and trees, planted the right crops in the right
places, and bough corn seed guaranteed to be free of genetic
engineering.
No matter. The Fitzgeralds found themselves victims of
"genetic drift," a relatively new phenomenon.
When the harvest came, they tested their corn. To their
surprise and dismay, genetically engineered kernels showed up
in the hopper: a pesticide-producing seed known as Bt whose
pollen apparently made its way from a neighbors field,
swept by wind or carried by birds or insects. The had to pull
800 bushels from the organic market, a loss they put at nearly
$2,000.
"Everyones wondering what you do," Susan
Fitzgerald said. "One cant speak alone; your barking
in the wind. Its you against Goliath."
The Fitzgeralds story highlights a problem most recently
brought to light by the lingering trouble caused by
contamination from StarLink corn. Across the nation, the
planting of genetically engineered seed has surged since their
introduction in 1996, and now accounts for as much as a
quarter of all corn grown in the United States.
One effectwhose scope was unanticipated by regulators,
companies, or farmers as recently as just a few years agois
that insects, birds and the wind are spreading biotech pollen
to fields planted with conventional or organic crops miles
away.
As losses mount, the question is being asked: Who pays?
Some farmers say its the problem of their neighbors,
while others accuse the seed companies. The seed companies
look for help form the government in setting more flexible
standards. And the government points back at the farmers as
well as state courts haring a growing number of lawsuits.
"We never rally thought all this through," said
Charles Hurburgh, director of the Iowa Grain Quality
Initiative and an Iowa State University professor. "Who
would have known 10 years ago that this would have been an
issue? There was no reason for this to be on the radar screen
at this time."
The most common recourse for such lossesinsuranceis
one thats not yet available to the nations nearly 2
million farmers.
Insurance companies say their policies wont cover
genetic drift, the term used to describe cross-pollination
between biotech and non-biotech fields. That reflects not only
the novelty of the problem but also a sense that studies are
still lacking on he scope of drifthow far pollen can
travel, for instance, and how big farmers losses might be.
On one level, those losses are already substantial. Since
1997, the European Union has effectively barred U. S. corn
imports over the possibility that genetically engineered
varieties unapproved in the EU have mixed with sanctioned
crops. That has cost American farmers access to a $200
million-a-year market. More losses are likely as other
countries restrict new biotech crops approved in the United
States.
On another level, questions remain over the biological
implications of genetic drift for agriculture. Organic farmers
fear that, given the unpredictability of pollination, they can
never guarantee a biotech-free crop. Already, experts say,
virtually all commercial seeds in America have at least trace
levels of genetically modified proteins, just five years after
the introduction of the crops.
Federal regulations require buffer zones around genetically
modified crops usually 660 feet but that has already
proved too limited. Some tend pollen can drift miles before
settling on another crop. Plus, theres the possibility that
seed gets mixed in storage bins and even combines.
"How do you trace where it came from? How do you
determine the liability? All of this is brand new and people
dont know how to deal with it yet," said Joe
Harrington, spokesman for the American Association of
Insurance Services in Wheaton, Illinois. "Its a brand
new world."
While no figures exist, anecdotal evidence suggests that
cases such as that of the Fitzgarlds are becoming far more
common.
A judge last month ruled in favor of Monsanto, Company, the
St. Louis-based producer to biotech seeds, in its demand that
a Canadian farmer pay for the company' genetically
engineered canola plants found growing on his field. He claims
his crop was contaminated after pollen blew onto his property
from nearby farms. Similar lawsuits have been filed against
domestic farmers, but the Canadian care was the first to go to
trial.
In 1998, cross-pollination was suspected of carrying a
genetically engineered variety of corn to an organic farm in
Texas. The contamination was not discovered until the corn had
been processed and shipped to Europe as organic tortilla chips
under the brand name Apache. When testing revealed traced of
biotech corn, the shipment of 87,000 bags was recalled,
costing $150,000. The manufacturer Terra Prima of Wisconsin
chose not to sue the farmer.
Aventis CropScience, meanwhile, is the target of several
lawsuits over the mingling of its StarLink corn with other
varieties, in the most publicized case thus far.
StarLink, engineered to produce a protein toxic to insect
larvae, was approved in 1998 only for animal use out of
concern it could cause allergic reaction in people. It was
later detected in taco shells, forcing a recall of more than
300 corn-based product and an ongoing and costly attempt to
contain StarLink still in the market.
Among the tangled legal issues prompted by its discover was
a class-action federal lawsuit filed in Iowa last year. The
suit argues that cross-pollination by StarLink has hurt
farmers ability to export corn and to sell it to American
food processors. A similar lawsuit was filed earlier in
Illinois.
Aventis has declined to comment, except to say that it
remains committed to diverting StarLink and corn mingled with
StarLink to approved uses. But its ordeal in trying to contain
the damage hints at the breadth of the problem genetic drift
poses and the potential liability involved.
Different nations have set different standards for how much
genetically engineered material they will permit without
requiring a label on food.
The European Union put the limit last year at 1 percent,
one of the worlds strictest. Japan, whose labeling requirement
takes effect next month, decreed a 5 percent tolerance for
products such as soybean tofu and corn flour.
No tolerance is set for organic food in the United States,
although levels like those found in the Fitzgeralds corn
have led to rejection of organic food processors worried what
consumers might think. (Keith Jones, a USDA organic official,
said the amount of biotech material allowed in organic food
from genetic drift is on "completely a case-by-care
basis.")
Even with some tolerance, farmers and others insist the
problem will only mount in coming years with the growing use
of biotech corps, whose planting is expected to jump 10
percent this spring. Still undecided is how much is too much
and where consumers will draw the line.
Organic farmers, whose numbers have more than doubled since
1996, are particularly vulnerable. Aware of the threat or not,
consumers buy there products with the understanding that they
are free of biotech foods. Conventional farmers face similar
problems: For export market, they must worry about exceeding
tolerance, like those in Europe and Japan.
"Once you introduce these seeds, theyre hard to
keep in one place," said Brian Leahy, executive director
of California Certified Organic Farmers. "This technology
does not respect property rights.
The US Department of Agriculture and the Environmental
Protection Agency, which regulate biotechnology along with the
Food and Drug Administration, say liability for dames it not a
federal issue. Rather the tow agencies argue, it should be
decided by state courts.
The National Corn Growers Association says it has no
policy. Traditionally, farmers growing a crop for added valueorganic,
for instance are responsible for protecting that crop,
said Susan Keith, a lobbyist for the association.
But, she added, biotech crops raise "interesting
questions."
She said there might be a scenario in which genetic drift
is treated like pesticide drift, a longstanding problem in
agriculture and on e in which courts have ruled against the
farmer or company spraying the pesticides.
Monsanto and Aventis, among the biggest players in
agricultural biotechnology, refused to comment on liability
issues.
Larry Wassell, a Monsanto spokesman, would only say:
"We try to act responsibly and we encourage growers to be
responsible and to communicate with their neighbors." |