Judge extends ban on modified alfalfa, slams feds for OKing strain

Bob Egelko, Chronicle Staff Writer

May 4, 2007

A federal judge extended his nationwide ban on the planting of genetically engineered alfalfa Thursday and faulted federal officials for approving an herbicide-resistant strain of the crop without studying the dangers of contaminating other farmers' alfalfa or breeding tougher weeds.

U.S. District Judge Charles Breyer of San Francisco rejected the federal Agriculture Department's assurances that the genetically altered Monsanto Co. product could be safely grown while the department reviewed its effects on the environment. The product's seeds, spread by winds and bees, have already affected some nearby crops of organic and conventional alfalfa since the department authorized sales in June 2005, Breyer said.

"The contamination cannot be undone,'' he said. "It will destroy the crops of those farmers who do not sell genetically engineered alfalfa. . . . It is not in the public interest to take action that has the potential of eliminating the availability of a non-genetically engineered crop without adequate investigation into the long-term impact of such action.''

This is the first time that a judge has halted the planting of a commercially sold, genetically altered crop that the government had approved, said Will Rostov, lawyer for the Center for Food Safety, a San Francisco organization that led environmental and organic-farming advocates in the lawsuit.

Alfalfa, used for hay and cattle feed, is grown on 23 million acres and is the nation's fourth-largest crop. California , with 1 million acres, is the leading producer.

Breyer issued an injunction in February that, as of March 30, prohibited the planting of Monsanto's Roundup Ready alfalfa, so named because it is engineered to withstand applications of Monsanto's Roundup herbicide. Thursday's order prolongs the injunction at least until the government completes an environmental study that examines the possible effects on other farmers' crops and on human health, and looks at the potential that pollination of nearby weeds would make them Roundup-resistant.

The judge said the government had violated federal law by approving the product without conducting an environmental review. He said federal officials had refused to analyze the likelihood of genetic contamination and how it could be eliminated or minimized, and had instead insisted that it was up to other growers to protect their crops.

Breyer declined to prohibit harvesting of Roundup Ready alfalfa that has already been planted, but told the Agriculture Department to order growers to take steps to reduce the risk of genetic contamination. Among those steps are equipment-cleaning procedures and separation of the product from other alfalfa.

The judge said 76 farmers are growing the seeds on 220,000 acres, an area that he said would increase fivefold by next year if new planting were allowed. In putting planting on hold, Breyer said the Agriculture Department could not guarantee that interim measures it has proposed to prevent contamination would be enforceable or effective.

Rachel Iadicicco, spokeswoman for the federal agency's Animal and Plant Health Inspection Service, said her agency was reviewing the ruling but would conduct the study ordered by Breyer. The agency has estimated the study will take two years.

Monsanto said it was disappointed by the ruling and would consider an appeal. The company said its studies and surveys by other nations' regulatory agencies have found that its product can be grown without affecting other varieties of alfalfa.

"We support a farmer's right to choose biotechnology, organic or conventional crops with the proper stewardship practices that make coexistence feasible,'' Jerry Steiner, Monsanto's executive vice president, said in a statement. "We have heard from farmers across the country who are disappointed they can't access this technology.''

But Rostov of the Center for Food Safety said the ruling allows growers to choose non-genetically modified crops without fear of involuntary cross-pollination. The organization's executive director, Andrew Kimbrell, said organic farmers and most conventional alfalfa growers would benefit.

"This crop represents a very real threat to their crops and their livelihood,'' Kimbrell said. "This ruling is a turning point in the regulation of biotech crops in this country.''

E-mail Bob Egelko at begelko@sfchronicle.com.

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Source:  http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/05/04/BAGMPPL08T1.DTL