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Agbiotech Product Stewardship and the Biosafety Protocol

Agbiotech Product Stewardship and the Biosafety Protocol. Thomas P. Redick Gallop, Johnson & Neuman, L.C. St. Louis, Missouri Arizona State University December 6, 2002. Stewardship Strategy – Soy/Corn Succotash How Soybeans Saved Civilization Starlink Lessons – Zero Tolerance = High Cost

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Agbiotech Product Stewardship and the Biosafety Protocol

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  1. Agbiotech Product Stewardship and the Biosafety Protocol Thomas P. Redick Gallop, Johnson & Neuman, L.C. St. Louis, Missouri Arizona State University December 6, 2002

  2. Stewardship Strategy – Soy/Corn Succotash How Soybeans Saved Civilization Starlink Lessons – Zero Tolerance = High Cost APHIS drew bullseye on biotechs Auditing & Injunctive Relief Stops Stumbling Stewards?? Biosafety Protocol Looming Large International Law may Ban Biotech Crops “Less than Zero” Tolerance Waffle World – States & International reacting US bilateral pro-biotech approach Should it all go hi-tech? What about REAL threats to biodiversity? The Big Picture

  3. Fiddling while Forests Burn • Invasive species threaten biological diversity. • Economic loss causes $123 billion per year. • Asian Long-horned beetle kills real forests. • No legally binding standard on invasive alien species.

  4. The Precautionary Protocol • Cartagena/Montreal Jan. 29, 2000. • WTO/GATT supremacy challenged? • Advance Informed Agreement required. • EU’s “Precautionary Approach” to AIA. • Ratification (50th nation) circa 2003. • “May contain LMO” label on commodities. • List of biotech crops that “may” be present? • Zero Tolerance for trace biotech residues?

  5. Biosafety Protocol Prelude 1997 1998 1999 2000 2001 2002 2003 US Corn Exports to EU barred ($200K/yr.) ASA Letter to biotechs Corn NO to Liberty Link YES to Starlink “Channeling” OK to High Oleic ADM Revolts Soybeans Protocol Trade Barriers Expert Systems

  6. Overseas Advance Inf. Agreement (AIA) grid EU Copycats? Zambian Zero Tolerance + Starvation Kiwi Less than Zero Tolerance? U.S. growing new biotech crops for “may contain” list? Farm states adapt to overseas AIA grid Growers proactive “Identity Preservation” Consumer fraud Nuisance precedents States reacting Atty General Suits Rice in CA Wheat in ND? Welcome to Waffle World A.G.

  7. Low Tolerance = High Cost COST GMO Free or “Zero Tolerance” (including levitation lessons….) 0.1% = Dupont STS (99.9% not doable) 0.5 % or 1% = EU (impracticable?) 2% = Certified Seed, historically 5% = US Organic Rule? Japan non-GMO? GMO Free 0.1% 1% 2% 5% “PROCESS” % TOLERANCE FOR GM

  8. Awaiting a S.N.A.F.U. in our Tofu • BIO Pledge -- no 2003 corn belt pharming • Caught between Iowa and the food companies • Stewardship return the corn belt to “bio belt”? • Prodigene’s “near miss” commingling – is it a corporate death knell for Prodigene? • Preventing billion dollar loss number three • Third party verification to supplement USDA • Industry standards that exceed regulatory

  9. APHIS & the Biotech Bullseye A. One mile: Seed from pharming B. ½ mile for pharming/food Post-Prodigene – Two Miles? C. ¼ mi. Industrial Crops to food

  10. Stopping Sloppy Stewards • U.S. Growers, Grain Cos., & Grocers. • Documented third party audit, mature process. • Full disclosure of economic risks to grower. • Biotech co. liability for system failures. • Injunctions as agricultural management tool. • Prevent public nuisance in progress. • Contractual injunctive remedy vs. growers? • Suit pending in Canada seeking injunction

  11. Protocol Economic Impacts • $50 billion/year lost U.S. ag exports? • Corn exports to EU -- the first billion? • Soy exports – China making noises about wild soy…. • “Precaution” applies to food & feed? Cataclysm! • Soybean exports untouched to date -- $15 billion in exports per year (based on 2002-2003 farm-gate) • 10% fall in soy price from EU commingling and resulting ban would cost U.S. farmers $1.5 billion

  12. Biotech Grower Districts? • States responding with waffle grid of their own • California Rice experiment in Central Valley • Fee to cover the cost of identity preservation • Rice Commission advisors must first approve • Monsanto “pharms” in Hawaii, Dow in AZ • Will Iowa seek a “right to pharm” law? • Generally Accepted Ag Practices (GAAP!) • Confidential sites prevent eco-terrorism • But how to coordinate with neighbors?

  13. Beat Back Biosafety Bans • Stop Proliferation of EU Model • Biosafety Body Count – start with Zambia • Soybean expert system rules out harm to genes • EU Soybean precedent – show system, no testing • Corn’s “Channeling” Challenge • Lesser systems are adequate to protection of health and biodiversity – take it to WTO • WTO needs biotechs to have filed approval dossier before challenging biosafety ban?

  14. Bilateralizing Biosafety • Biotechs Must Seek Approval Overseas • Precaution requires Bt Corn and HR soybeans • Higher tolerances as familiarity increases • Process standards for identity preservation (ASA)? • Make the case for BULK commodities • You say Starlink? I say Starvation! • Biotech feeds hungry while rich go NonGMO • Challenge EU with “Biosafety Body Count” • Share biotechnology even more, if possible

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