Court sets rules to stop spread of GM Alfalfa

Alfalfa growers can find out if Monsanto’s Roundup Ready alfalfa has been planted near them, under a court-ordered plan to deal with stands of the genetically modified crop that had been planted before a ban went into effect. Farmers and ranchers can call a U.S. Department of Agriculture (USDA) toll free number – (866) 724-6408—to find out where Roundup Ready alfalfa has been planted, so that they can take steps to protect their GM-free alfalfa from contamination.

In May, U.S. District Court Judge Charles Breyer stopped sales and planting of Roundup Ready alfalfa, in a case brought by WORC, alfalfa seed growers, and several farm and consumer organizations. Judge Breyer found that USDA’s approval of commercial sale of GM alfalfa without an Environmental Impact Statement was illegal, ordered USDA to prepare an EIS, and halted all planting of the Roundup Ready alfalfa until an EIS is completed. WORC and the other plaintiffs did not ask the court to order uprooting of GM alfalfa that had already been planted, but did ask that Monsanto and USDA disclose where it had been planted, so that conventional alfalfa growers could protect themselves.

In July, Judge Breyer amended his order to require that notice be provided to alfalfa farmers who live within the same county or an adjacent county to Roundup Ready alfalfa farms.
“This information is critical,” said Phil Geertson, an alfalfa seed grower and a plaintiff in the lawsuit. “The introduction of genetically engineered alfalfa poses the potential of destroying our industry. Even the perception of contamination can create significant problems in our ability to market our seeds.”

Judge Breyer ordered USDA to disclose the counties in 17 Western states where Roundup Ready Alfalfa was planted, set a timeline for disclosure of the counties in eastern states where Roundup Ready alfalfa was planted, and to establish a toll-free hotline to let farmers know if their crops could be jeopardized by contamination.
Ninth Circuit denies request for expedited appeal

On August 13th, Monsanto filed a notice of appeal in U.S. District Court seeking to overturn the permanent injunction on planting and sale of Roundup Ready alfalfa seed.

Monsanto asserts that the injunction imposes unnecessary restrictions and costs on growers, seed dealers, Forage Genetics, Inc. and Monsanto. Monsanto did not try to overturn the injunction during its appeal, so the ban remains in effect while the 9th Circuit hears the case.
Monsanto asked the 9th Circuit to expedite its appeal, but was turned down. An expedited procedure might have led to a decision by the appeals court in as little as six months. Instead, the case is likely to take at least two years.

—John Smillie

Take Action Is Roundup Ready alfalfa growing near you? A list of counties across the country where Roundup Ready alfalfa is growing is posted on USDA’s website. Alfalfa growers can find out if Roundup Ready alfalfa is growing near them by calling USDA’s hotline, (866) 724-6408.