CULTIVATING GROUND RULES FOR BIOPHARMING
Phillip B. C. Jones
Almost three years ago, the
StarLinkTM corn incident inflamed opposition against genetically modified
(GM) crops. The GM corn, which produces a
Bacillus thuringeniesis (Bt) insecticidal protein, had been
accidentally mixed with conventional corn. In another case
of inadvertent commingling, Monsanto Company (St.
Louis, MO) announced last spring that conventional canola
seeds may contain unapproved GT-200 canola seeds,
which mature to Roundup®-resistant plants. This
possibility seemed to stimulate little public interest, but the next
case of GM crop contamination was different; this case
was about biopharming.
The potential benefits of biopharming are considerable.
The use of transgenic plants to produce therapeutic
proteins could provide a means to manufacture therapeutic
compounds at lower cost and in greater amounts. On the
other hand, many have been uneasy about the prospect
of biopharm crops potentially mixing with conventional
food crops. This apprehension was justified by the U.S.
Department of Agriculture's November announcement that
GM corn produced for ProdiGene, Inc. (College Station,
TX) had been mixed with conventional soybeans.
ProdiGene had reportedly engineered the corn to produce a
protein used in a swine vaccine. The USDA slapped the
company with a hefty fine, but some viewed this penalty as
an insufficient deterrent to prevent future incidents.
By the end of the year, The Genetically Engineered
Food Alert (Washington, D.C.), a coalition of seven
organizations, filed a petition requesting that the USDA initiate
an immediate moratorium on the planting of food
crops engineered to produce pharmaceuticals or
industrial chemicals. The coalition also requested the USDA
to prepare environmental impact statements for all
biopharm crops.
Another coalition requested a similar ban in early
2003. This time, the group represented food manufacturers
and restaurants. The Grocery Manufacturers of America,
Inc. (Washington, D.C.) took the position that the USDA
should create a presumption against the use of food or feed
crops for pharmaceutical production unless the company
developing the drug clearly demonstrates that it is not feasible
to use nonfood crops.
So far, the USDA has not initiated a ban on
biopharming. But on March 6, the agency's Animal and Plant
Health Inspection Service (APHIS) announced proposed rules
for the regulation of field-testing of plants designed to
produce pharmaceutical and industrial compounds. Under the
new rules, the USDA will increase the frequency of GM
crop site inspections, and the agency will prohibit farmers
from growing conventional corn within one mile of a field
test site for the duration of any field test that involves
open-pollinated GM corn. APHIS will also require farmers
to operate planters and harvesters dedicated to use in
the permitted test sites for the duration of the tests and
dedicated facilities for the storage of equipment and
regulated articles.
The proposed regulations include a prohibition against
the planting of a food crop the year after the land was used
for biopharming. This ban might have been inspired by
the ProdiGene incident. Following a standard crop
rotation practice, farmers had planted conventional soybeans
on land previously used to grow ProdiGene's GM corn.
The result: corn seed left from the transgenic crop grew into
the soybean fields.
During a pre-briefing on the proposed rules, Bobby
Acord, the administrator for APHIS, said that the
proposed changes are designed "to make absolutely certain
that there are no ProdiGenes in the future." Acord
assured reporters that APHIS has the resources to meet
the challenge of increased inspections, even though
APHIS transferred over 2600 of its agriculture quarantine
inspectors to the Department of Homeland Security.
For a short time, the Biotechnology Industry
Organization had proposed a ban on GM corn biopharming in the
Corn Belt. To a certain extent, this geographic isolation
approach is built into the proposed rules. Cindy Smith,
APHIS's deputy administrator for Biotechnology Regulatory
Services, told reporters that the agency anticipates fewer
corn field trials in the Corn Belt, because it may be difficult
to secure land with the required one-mile isolation distance
in an area where land is best suited for corn.
Furthermore, the proposed rules would take the most productive land
out of use by prohibiting farmers from cultivating
conventional food or feed crops on ground used for a GM crop
test during the following growing season.
Food industry representatives and biotechnology
opponents labeled the proposals inadequate. The rule that the
food industry and certain environmental groups wanted was
a provision that only nonfood crops could be used to
produce pharmaceuticals. The USDA's position is that such a
rule would not prevent contamination of nonfood GM
plants with conventional crops. Rather, the agency chose to
focus on methods intended to prevent any intermingling of
GM plants and conventional plants.
A coalition of 11 U.S. environmental groups, farm
organizations, and consumer groups threatened to sue the
USDA unless the agency temporarily halts planting of GM
crops that produce pharmaceuticals or industrial compounds.
The coalition accused the USDA of allowing GM crops to
be planted without conducting environmental risk
assessments and alleged that the agency violated the National
Environmental Policy Act. The groups notified the USDA of
their intention to file a suit in federal court by May 5. A copy
of the 60 day notice letter of intent to sue is available at
the Center for Food Safety's website (http://www.
centerforfoodsafety.org).
From Biopharming to More Conventional GM Crops
On February 25, the Environmental Protection
Agency announced its approval for the commercialization
of Monsanto's YieldGard® Rootworm Corn (MON 863).
This GM plant produces a Bacillus
thuringiensis spp. kumamotoensis delta-toxin protein (Cry3Bb1), which
kills Western corn rootwormthe pest responsible for
the greatest use of insecticides in the United States and
the number one blight of U.S. corn.
The Bt toxin kills 50 to 80 percent of the rootworm
larvae that eat the roots of transgenic corn. Such a
system creates selection pressure for larvae that are resistant
to the toxin. To reduce the risk of developing a Bt
toxin-resistant rootworm population, the EPA is
requiring Monsanto to ensure that 20 percent of the planted
acreage of YieldGard Rootworm Corn is set aside for growth
of conventional corn. These refuge areas will support
populations of corn rootworm not exposed to the Bt toxin.
Insect populations in the refuges are expected to crossbreed
with any insects resistant to Bt toxin, thereby limiting
the numbers of Bt toxin-resistant rootworms. This
resistance management strategy was developed as a condition
of EPA registration.
Environmentalists were not pleased by the 20
percent refuge area requirement. The EPA's scientific
panel apparently urged a requirement for farmers to plant
refuge areas covering 50 percent of the GM crop acreage,
but Monsanto pushed for the lower level. Stephen L.
Johnson, the EPA's assistant administrator for prevention,
pesticides, and toxic substances, brushed off criticism of the
20 percent level, stating that this requirement would be
in effect for only three years while the potential for
toxin resistance is studied further.
The commercialization of GM wheat is also
encountering disapproval. A consortium of U.S. agricultural and
environmental groups filed a Citizen Petition on March 11 with
the USDA seeking a moratorium on the commercial
introduction of herbicide-resistant GM wheat, such as
Monsanto's Roundup Ready® wheat. The petition seeks an
environmental impact statement on the deregulation of GM
wheat varieties and requests the listing of GM wheat varieties
as noxious weeds. A copy of the Citizen Petition is
available from The Center for Food Safety website.
The effect of GM wheat on U.S. exports is a
major concern. U.S. wheat exporters currently sell wheat
to foreign markets with a USDA-approved statement that
no GM wheat is commercialized in the United States.
According to the petitioners, GM wheat will cross-pollinate
with other wheat, making it impossible for U.S. farmers
to export their crops to foreign markets with GM food
bans, such as the European Union. Joseph Mendelson,
The Center for Food Safety's legal director, promised that
the legal petition is the first step to a lawsuit if the USDA
did not address the petitioners' concerns.
A few days after the petition was filed, the USDA
announced that it may impose strict requirements
on Monsanto to ensure that the company abides by
its pledges. Monsanto has stated that the company will
not introduce Roundup Ready wheat to the marketplace
until the demonstration of food, feed, and environmental
safety, resulting in regulatory approvals in the United
States, Canada, and Japan. The company has also promised
to develop grain handling protocols and standardized
sampling and detection methods to separate GM wheat from
conventional wheat.
The ability to isolate GM crops from conventional crops
is a major stumbling block in the progress of agbiotech.
The petitioners argue that the events surrounding StarLink
corn, ProdiGene corn, and GT-200 canola incidents show
that "the current U.S. grain handling system is unlikely to
be prepared to sufficiently segregate genetically
engineered and non-genetically engineered wheat to the point at
which foreign importers will have confidence in the integrity
of such shipments."
Selected References
Franz N. (2003) Food groups seek moratorium on pharma
crops. Chemical Week 165: 83, February 19.
Gillis J. (2003) In key test, U.S. allows sale of genetically
engineered corn. The Washington Post, A.01, February 26.
Kilman S and Carroll J. (2002) Monsanto admits unapproved
seed may be in crops. Wall Street Journal, A.3, April 15.
Pollack A. (2003) U.S. imposes stricter rules for
genetically modified crops. The New York
Times, A.23, March 7.
USDA. (2003) Field testing of plants engineered to
produce pharmaceutical and industrial compounds.
Federal Register, 68: 11337-11340, March 10.
USDA. (2003) Pre-briefing for reporters on USDA's
Federal Register notice on field testing of
pharmaceutical-producing plants. March 6. A copy of the pre-briefing transcript available
at:
http://www.usda.gov/news/releases/2003/03/0084.htm.
Phillip B. C. Jones, PhD., J.D.
Seattle, Washington
phillipjones5939@msn.com

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