Judge orders moratorium on sale of GM alfalfa seed

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Judge orders moratorium on sale of GM alfalfa seed

USDA approval of genetically engineered alfalfa is vacated, seed sales halted

A Federal judge ruled in March that the US Department of Agriculture’s (USDA’s) 2005 approval of genetically engineered (GE) alfalfa is vacated and ordered an immediate halt to sales of the GE seed.

“We are pleased that the judge called for halt to sales of this potentially damaging crop,” said Will Rostov, a Senior Attorney for Center for Food Safety. “Roundup Ready alfalfa poses threats to farmers, to our export markets, and to the environment. We expect the USDA to abide by the law and give these harmful effects of the crop full consideration.”

The ruling is considered a landmark decision. “It is a big deal for the court to do that. It is the first time it has happened in the US,” said Margaret Mellon, director of the Union of Concerned Scientists Food and Environment Program, in an interview with the Associated Press.

The preliminary injunction ordered by Judge Charles Breyer in the Federal Northern District of California follows his ruling in February, which found that the USDA violated national environmental laws by approving GE alfafa without a full Environmental Impact Statement. Monsanto and Forage Genetics, the developers of the GE alfalfa seed, argued against the injunction. But while Monsanto and its allies claimed that delaying the sale or planting of their GE seed would harm farmers, the judge found otherwise.
“Disappointment in the delay to their switch to Roundup Ready alfalfa is not an interest which outweighs the potential environmental harm…” posed by the GE crop, he wrote.

The decision is consistent with Judge Breyer’s ruling of February 13th, in which he found that the USDA failed to address concerns that Roundup Ready alfalfa will contaminate conventional and organic alfalfa. The ruling noted that “…for those farmers who choose to grow non-genetically engineered alfalfa, the possibility that their crops will be infected with the engineered gene is tantamount to the elimination of all alfalfa; they cannot grow their chosen crop.” Commenting on the agency’s refusal to assess this risk and others, the judge noted that, “Nothing in NEPA, the relevant regulations, or the caselaw supports such a cavalier response.”
Judge Breyer will hold a hearing and is expected to decide whether to impose a permanent injunction in late April.

Monsanto Company expressed disappointment with the judge’s decision. “We are hopeful that a reasoned approach in this matter will address questions about the regulatory approval process for Roundup Ready alfalfa while maintaining farmer access to this beneficial technology,” said Jerry Steiner, executive vice president for Monsanto, in a statement.