USDA’s APHIS Releases Assessment of Monsanto GMO Corn Product

On July 16, 2015, the USDA’s Animal and Plant Health Inspection Service (APHIS) released a preliminary assessment of a GMO corn product created by Monsanto, finding the product to be unlikely to pose a “plant pest risk” moving the product into consideration for deregulation.

MON 87403, the product, has been engineered to increase the biomass of the corn during the early stages of reproduction as compared to non-modified varieties. According to the environmental assessment, the field tests of the product showed increased yields compared to other varieties in a majority of the test locations.

The current regulations on the product control the introduction into the environment and interstate movement, as well as importation. The current regulations will only continue until APHIS makes a declaration that the product is not a plant pest risk, thereby removing the regulations on the product. Comments on the assessment and the possibility of deregulation are open until August 20, 2015, and can be made here.

Written by Tyler R. Etter

July 21, 2015 

WOTUS Rule Effective Date Set for Aug. 28, 2015

On Monday June 29, 2015, the EPA published the final CleanWater Rule, also known as the Waters of the United States (WOTUS) rule, in the federal register setting the effective date for August 28, 2015.

According to the text of the rule, the rule is meant to “clarify the scope of the waters…protected by the Clean Water Act (CWA)…” The rule maintains current exemptions for activities, and in some instances expands the exceptions “to make it clear that this rule does not add any additional permitting requirements on agriculture.” According to an EPA fact sheet, the Clean Water Rule is meant to provide greater clarity for agriculture within the existing requirements.

The American Farm Bureau Federation has claimed that the final WOTUS rule is broader than the original proposed rule, and rather than clarifying the requirements, creates more uncertainty for farmers. The Farm Bureau claims the new exceptions are too narrow to be of use, or so unclear as to be open only to agency interpretation.

The 60-day period for judicial review of the rule is set to begin on July 13, 2015.

Written by Tyler R. Etter- Research Assistant
June 29, 2015

USDA Asks Public How to Foster Agricultural Coexistence

On November 4^th, the USDA published a request in the Federal Register for comments on how to strengthen communication and collaboration between different agricultural systems, including traditionally produced, organic, identity preserved, and genetically engineered crops.

The request comes following the November 19, 2012, report presented to Secretary Vilsack by the USDA Advisory Committee on Biotechnology & 21^st Century Agriculture (AC21) entitled, “Enhancing Coexistence: A Report of the AC21 to the Secretary of Agriculture.”  The report made recommendations regarding agricultural coexistence in 5 major areas: (1) potential compensation mechanisms, (2) stewardship, (3) education and outreach, (4) research, and (5) seed quality.

Public input is specifically sought on the area of education and outreach on how to implement the recommendation that USDA foster communication and collaboration between the diverse agricultural systems as well as between USDA and those entities in order to foster coexistence.  USDA posed four specific topics for input which can be found in the Federal Register notice.

Comments received on or before January 3, 2014 will be considered.  Comments can be submitted through the Federal eRulemaking Portal or through mail sent to Docket No. APHIS-2013-0047, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238.  Following the comment period, USDA intendes to hold a public forum to discuss the public input and further explore ways to implement the AC21 report recommendations.  The time and place of the public forum will be announced in the Federal Register.

For more information on the comment request, see the Federal Register notice.  Click here to learn more about AC21 and view the report.

Written by Alyssa Looney – Research Assistant

The Agricultural Law Resource and Reference Center

@PSUAgLawCenter

November 13, 2013