A coalition of major farm, food and fuel industry trade groups has reportedly filed a lawsuit in the D.C. Circuit Court of Appeals to challenge the Environmental Protection Agency’s (EPA’s) decision to allow gasoline with up to 15 percent ethanol (E15) to be sold for vehicles made in the 2007 model year or later. The coalition, which includes the American Petroleum Institute, apparently contends that tests to determine whether the blend will damage these cars, light-duty trucks and SUVs have not been completed. Under the Clean Air Act, EPA may not approve a new fuel additive unless it “will not cause or contribute to a failure of any emission control device or system.” The industry interests also claim that EPA lacks the authority to grant a “partial waiver” to allow the fuel to be used in only some vehicles, saying the agency should not approve the fuel unless it is…
Tag Archives grain
The American Organic Hop Grower Association (AOHGA) has reportedly persuaded a National Organic Standards Board (NOSB) subcommittee to reverse a recommendation that aimed to keep hops on the National List of Allowed and Prohibited Substances, which governs the use of synthetic and non-synthetic materials in organic production and handling. In advance of an October 25-28, 2010, public meeting in Madison, Wisconsin, NOSB had requested feedback on a number of National List exemptions, including one that currently permits the use of non-organic hops in organic beer. Although the NOSB Handling Committee initially backed a continuation of this policy due to the limited availability of organic hops, AOHGA faulted NOSB for holding hops “to a higher standing than virtually any other agricultural product” by allegedly insisting that all 150 varietals become available in organic form before removal from the list. AOHGA thus urged organic beer brewers and other supporters to petition the…
A company that makes name- and store-brand food products, including cereals, granola products, pastas, and bakery goods, has sued the supplier of soybean food ingredients allegedly contaminated with Salmonella, seeking in excess of $7 million in damages. Ralcorp Holdings, Inc. v. Thumb Oilseed Producers’ Coop., No. 10-1898 (E.D. Mo., filed October 8, 2010). According to the complaint, the companies contracted for the purchase of the defendant’s soy grits under an agreement that guaranteed they would be suitable for human consumption and that the defendant would indemnify and pay damages to the plaintiff for any warranty breaches. Plaintiff Ralcorp Holdings alleges that it incorporated most of the soy grits into its products, specifically granola bars and trail mixes, for sale to a number of retail companies with which Ralcorp had also contracted. Before delivering the final products, Ralcorp claims that it discovered the soy grit ingredient “was, and had been at…
After less than two hours of deliberation, an Arkansas jury has reportedly awarded 12 rice farmers nearly $48 million in compensatory and punitive damages for the 2006 contamination of conventional rice stocks with a genetically modified (GM) strain. The farmers alleged that Europe and Japan stopped importing U.S. rice after the contamination became known, causing a precipitous drop in the price for their crops. Most of the award against Bayer CropScience was punitive; litigation against the company is pending in a number of other states. This jury verdict, reached on April 15, 2010, tops a $1 million award rendered against the company by another Alabama jury in March. Information about that verdict can be found in issue 341 of this Update. See Associated Press, April 15, 2010.
The U.S. Environmental Protection Agency (EPA) has submitted comments to USDA’s Animal and Plant Health Inspection Service (APHIS) indicating that it “does not object” to APHIS’s draft environmental impact statement (EIS) on genetically engineered (GE) alfalfa, prepared by court order after a successful court challenge to USDA’s decision to deregulate the bioengineered seed. Environmentalists convinced the court that APHIS erred in allowing GE alfalfa to be grown without conducting a detailed environmental review; they claimed that it would have deleterious effects on the environment and affect the livelihood of farmers who grow conventional or organic alfalfa. An injunction has been in place preventing the sale of GE alfalfa seed or its cultivation until the EIS is finalized. EPA did call for clarification to the EIS Surface Water discussion, which indicates that “glyphosate and its metabolite aminomethyphosphonate can be removed through standard water purification and disinfection processes such as ozonation and…
A European Court of Justice adviser has determined that Monsanto Co. cannot seek royalties from a company that imported from Argentina soy meal containing residues of Monsanto’s patented gene. Case C-428/08, Monsanto Tech. LLC v. Cefetra BV (Op. of Advocate Gen. Mengozzi, delivered March 9, 2010). Monsanto has no patent on its Roundup Ready® soybeans in Argentina. In 2005 and 2006, the company had shipments of soy meal from Argentina impounded in Amsterdam harbor, and testing showed that it contained some of the seed traits that Monsanto has patented in the European Union (EU). The company then sued the importers for infringement, and a Dutch court hearing the dispute sought guidance from the EU tribunal. Disagreeing with Monsanto, which argued that its EU patent covers the DNA sequence, the adviser opined that under Directive 98/44, “a DNA sequence must be regarded as protected, even as a self-standing product, only where it…
The Cornucopia Institute has written to the CEOs of Sara Lee and National Public Radio to express its concerns with the marketing campaign for Sara Lee’s EarthGrains® products. In its February 22, 2010, letter, the institute refers to a study it made of the claims and calls for Sara Lee to “immediately suspend promotional activities until your organization can complete its own analysis of our findings.” Institute co-director Mark Kastel stated, “Even though they’ve done a countrywide media rollout, including underwriting spots on National Public Radio, Sara Lee is, in essence, playing a shell game. . . . If advertising executives could be charged with malpractice, this would be a major felony.” According to the institute, Sara Lee claims that its EarthGrains® bread contains, “Eco-Grain™,” an ingredient that “is more sustainable than organic grain.” The institute calls this a “crass and exploitive marketing ploy” that has angered the organic community…
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has extended until March 3, 2010, the comment period for a draft environmental impact statement (EIS) for genetically modified (GM) alfalfa. APHIS made an EIS available on January 12, 2010, after the Ninth Circuit Court of Appeals ruled that the agency violated the National Environmental Protection Act by failing to prepare an EIS in connection with its recommendation to deregulate the crop. See Federal Register, February 24, 2010.
The state government of Western Australia (WA) recently announced its decisionto allow the cultivation of genetically modified (GM) canola within the region as of this year. State Agriculture and Food Minister Terry Redman reportedly signed the exemption order under the Genetically Modified Crops Free Areas Act of 2003, thus permitting WA farmers to grow GM canola varieties approved by the Office of the Gene Technology Regulator. Redman noted that, according to a government report, commercial trials have proven the feasibility of segregating GM canola “from paddock to port,” a requirement of the Act meant to preserve the state’s “markets and reputation by preventing the introduction of GM crops before adequate segregation and identity preservation systems are in place.” As WA Premier Colin Barnett stated, “This decision brings WA in line with other major grain growing states in New South Wales and Victoria, where growers have been able to grow GM canola…
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has announced a series of stakeholder meetings intended to address the “views, concerns, and issues surrounding the hazards of combustible dust,” which may be formed in agricultural and grain-handling workplaces and factories that manufacture food, animal food, pesticides, and pharmaceuticals. For the February 17, 2010, meeting in Atlanta, Georgia, OSHA is soliciting feedback on (i) possible regulatory approaches to handling the hazards of combustible dust; (ii) the scope of any rulemaking; (iii) the organization of a prospective standard; (iv) the role of consensus standards; and (v) consequent economic impacts. OSHA held a similar meeting December 14, 2009, and additional meetings are planned for 2010. The agency previously published an advance notice of proposed rulemaking that requested comments, including data and other information, on issues related to the hazards of combustible dust in the workplace. According to OSHA, “Materials that…
