Comments Sought on Environmental Impact Statement for GMO Alfalfa
Article by Kiki Hubbard

On December 16, 2009, USDA released a draft environmental impact statement (EIS) on the impacts of Roundup Ready (RR) alfalfa (genetically engineered for resistance to glyphosate, the active ingredient in Roundup herbicide). Despite concluding that RR alfalfa genes will transfer to non-RR alfalfa, USDA proposed to release RR alfalfa to the open market. USDA stated, “granting nonregulated status to glyphosate-tolerant (GT) alfalfa…will not result in significant impacts to the human environment.” USDA also opened a 60-day period for the public to comment on the EIS. 



The deadline for written and electronic comments is received by March 3, 2010 (extended dealine). 



INSTRUCTIONS FOR ELECTRONIC COMMENTS:
Open this linked file (comment copy also pasted below), copy the comment to your computer's clipboard,

COMMENT:
This comment refers to Docket No. APHIS – 2007 – 0044, Draft Environmental Impact Statement, Glyphosate-Tolerant Alfalfa Events J101 and J163:  Request for Nonregulated Status

Deregulation of glyphosate-tolerant alfalfa will result in irreparable harm caused by genetic contamination of organic and non-GMO fields, food, and feed.  The USDA’s Draft Environmental Impact Statement (DEIS) grossly underestimates the significance of the impacts of contamination on organic markets for hay, dairy, sprouts, and honey as well as natural and other GMO-free markets.  The DEIS also understates the interest of producers, handlers, and consumers in maintaining the integrity of organic, natural, and GMO-free crops that are free from contamination.  Producers have a right to grow crops and feed livestock without a threat of genetic contamination, and consumers have a right to choose food that is not genetically engineered or produced with genetically engineered feed.  The National Environmental Policy Act supports individual choice, and you must correctly assess these impacts and consider alternatives in your decision regarding deregulation.

Not only is the DEIS deficient, but an accurate assessment of the impacts will not support deregulation, and I urge you to reject the request to deregulate glyphosate-tolerant alfalfa.

go to:
http://www.regulations.gov/search/Regs/home.html#submitComment?R=0900006480a6b7a1
paste in the comments from your computer's clipboard, fill out the rest of the electronic page and submit to the USDA, using their instructions.



INSTRUCTIONS FOR PRINTED/MAILED COMMENTS:
Open this linked file, print it, fill it out, cut into two cards, include both cards in an envelope and mail to:
Docket No. APHIS – 2007 – 0044
Regulatory Analysis and Development
PPD, APHIS, Station 3A-03.8
4700 River Road Unit 118
Riverdale, MD 20737 – 1238

Or, you can write your own comments and mail to the same address. Be sure to include two cards in a single envelope. Remember, the deadline for all comments is received by the USDA by March 3, 2010. Comments are also being received through public meetings in Nevada, Nebraska, and Maryland.

Many organizations, including the Montana Organic Association, are concerned about the release of RR alfalfa. They say the EIS understates the impacts of cross contamination, which will impact the ability of farmers and ranchers to grow organic alfalfa and to access organic feed for livestock.  It will impact the rights of consumers to purchase food that they know was grown without genetic contamination. Ole Norgaard, Chair of MOA, expressed his concern over contamination of organic and non-GMO crops and foods and is encouraging all members of MOA to send their comments to USDA.

What can we do as producers, handlers, and buyers of organic food?

It is critical that USDA receives your comments. You can sign and send the enclosed card, modify it, or send your own comments.  Be sure to include your name and address and send two copies of your written comments so that they are received by the deadline.  To submit comments electronically, go to the following website: 
http://www.regulations.gov/search/Regs/home.html#submitComment?R=0900006480a6b7a1

Tell USDA that the EIS dismisses the adverse economic effects that contamination by RR alfalfa will have on organic alfalfa seed and hay growers, producers of organic livestock (e.g., organic dairy, beef, etc.), and exporters of alfalfa to sensitive markets. Tell them if you consume organic food, and your preferences regarding genetic contamination in food.

The strongest public comments will include examples and data of how RR alfalfa threatens organic farming operations. In addition to your opinion, try to provide studies and other data regarding how contamination occurs (and examples of it already occurring). If you are a producer, demonstrate how contamination economically impacts your own farming operation or company, such as evidence that your markets will reject contaminated products.

You can review the EIS through the link below (particularly the Executive Summary on pp. 17-22): 
http://www.aphis.usda.gov/biotechnology/downloads/alfalfa/gealfalfa_deis.pdf

Supplemental documents can be found at the link below:
http://www.aphis.usda.gov/biotechnology/alfalfa_documents.shtml

Background Information

Alfalfa is an important feed for livestock, especially dairy cows, and is grown on more than 20 million acres across the U.S. (including two million acres in Montana). In June 2005, the USDA announced its approval of RR alfalfa. RR alfalfa is genetically engineered so that it can be sprayed with Roundup to control weeds.  It poses unique economic and environmental risks to organic hay and livestock producers.

In February 2006, a coalition of alfalfa producers and food and farm organizations filed a lawsuit against USDA calling the department’s approval of RR alfalfa a threat to farmers’ livelihoods and a risk to the environment. It was the first lawsuit to be filed in response to the approval of a genetically engineered crop.

A year later, the court ruled in favor of plaintiffs and ordered USDA to rescind its approval of RR alfalfa and perform a full Environmental Impact Statement (EIS). This precedent-setting court decision found that USDA failed to address concerns that RR alfalfa will contaminate conventional (non-genetically engineered) and organic alfalfa. The court issued a permanent injunction, barring any further planting of RR alfalfa, at least until an EIS was prepared. A court has never before vacated a USDA decision to approve a genetically engineered crop.

Roundup Ready alfalfa recently set another legal precedent. The U.S. Supreme Court announced in January 2010 that it had granted Monsanto’s petition for review of the federal court order that halted planting RR alfalfa while the EIS was being completed. This is first case related to the safety of genetically engineered crops to reach the high court. MOA will provide updates in future articles on the case, named Monsanto v. Geertson Seed Farms.

The USDA National Organic Program does not allow the use of agricultural biotechnology in certified organic farming systems.  An expectation exists among buyers and consumers, as well as producers, that organic foods are free from genetic cross contamination.  In fact, some markets do not allow such contamination.  So, cross-pollination of RR alfalfa with organic crops could harm organic alfalfa and livestock producers.

The lawsuit that found USDA’s approval of RR alfalfa illegally leveled the playing field, and said that a crop variety can’t be grown at the expense of significantly impacting another. In other words, if transgenic gene flow affects organic farmers’ ability to grow organic alfalfa free of transgenic traits, then the impacts must seriously be considered.

No law or regulation requires farmers who plant Roundup Ready crops to implement practices that prevent cross-pollination with neighbors’ crops. And farmers can’t control the weather or movement of pollinators.  They cannot always avoid hay stands going to bloom and producing viable pollen. Instead, the burden of protecting alfalfa plants and sensitive markets from transgenic traits, such as planting buffer areas, is completely transferred to the producer of non-Roundup Ready alfalfa.

To learn more about the market and environmental implications of Roundup Ready alfalfa, read Western Organization of Resource Council’s Guide to Genetically Modified Alfalfa at:
http://worc.org/GM-Alfalfa/

Or, visit the Organic Seed Alliance'ssite (including talking points) at:
http://www.seedalliance.org/Advocacy/alfalfa-alert/



Kiki Hubbard is a food and agriculture project consultant. She is the author of the Western Organization of Resource Councils’ A Guide to Genetically Modified Alfalfa.