The U.S. Department of Agriculture’s Animal and Plant Health Inspection
Service (APHIS) has announced its decision to partially deregulate the
Roundup Ready® sugar beets developed by the Monsanto Co. These genetically
engineered (GE) sugar beets resist the company’s Roundup Ready®
herbicide. A court previously determined that APHIS violated the National
Environmental Policy Act by deregulating the sugar beets without conducting
an environmental impact statement (EIS). APHIS’s interim action was taken
on the basis of its finding of no significant impact on human health or the
environment by the GE sugar beet root crops and will remain in effect until its
EIS is completed in 2012.

The agency’s action means that farmers can continue planting GE sugar
beets under mandatory conditions that will restrict their movement and
environmental release. According to APHIS, these conditions will ensure
“that the implementation of this interim regulatory action will not result in
any environmental impacts which may significantly affect the quality of the
human environment.” APHIS refused to partially or fully deregulate GE sugar
beet seed production, thus it remains subject to the agency’s regulations
governing the introduction of certain GE organisms. See Federal Register,
February 8, 2011.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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