The U.S. Department of Agriculture’s (USDA’s) Animal and Plant Health Inspection Service (APHIS) has issued a determination of nonregulated status for a corn variety genetically engineered (GE) to facilitate ethanol production. Developed by Syngenta Seeds, Inc., Event 3272 or Enogen™ corn produces a microbial enzyme that, according to the petition for deregulation, is “unlikely to pose a plant pest risk and, therefore, should not be a regulated article under APHIS’ regulations in 7 CFR part 340.” After reviewing the scientific data and soliciting public feedback on a draft environmental assessment, APHIS has agreed that this variety of GE corn “should be granted nonregulated status” as of February 15, 2011. See Federal Register, February 15, 2011.

Meanwhile, corn millers and other food industry interests have reportedly criticized the decision, telling The New York Times that cross-pollination with food-grade corn “could lead to crumbly corn chips, soggy cereal, loaves of
bread with soupy center and corn dogs with inadequate coatings.” Because
Enogen™ corn is designed to break down corn starch into sugar—a process
previously handled at ethanol plants—the variety is intended “solely for
industrial purposes.” But the North American Millers’ Association (NAMA) has
raised concerns that any co-mingling “will have significant adverse impacts
on food product quality and performance,” as well as disrupt exports. “USDA
has failed to provide the public with sufficient scientific data on the economic
impacts of contamination on food production, or information on how USDA
will ensure Syngenta’s compliance with a stewardship plan,” NAMA President
Mary Waters was quoted as saying. See North American Millers’ Association
Press Release and The New York Times, February 11, 2011.

These objections have since caught the attention of consumer advocates such
as the Center for Food Safety (CFS), which has already threatened legal action.
“The resemblance to StarLink is uncanny,” stated CFS Science Policy Analyst
Bill Freese in a February 11, press release referencing a 2000 incident in which
unapproved GE corn entered the human food supply. “Much like StarLink,
Syngenta’s biofuels corn poses allergy concerns and is not meant for human
food use. It’s hard to believe that USDA has forgotten the substantial harm
StarLink caused to farmers and the U.S. food industry, but apparently it has.”

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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