Court Rejects Genetically Modified Sugar  Beets 
By Bob Egelko 
The San Francisco Chronicle, September 23, 2009 
_http://www.organicconsumers.org/articles/article_19177.cfm_ 
(http://www.organicconsumers.org/articles/article_19177.cfm)  
 
 
OCA Editors' Note: 
OCA applauds our ally the Center for Food Safety _http://truefoodnow.org/_ 
(http://truefoodnow.org/)  for this  watershed moment in their efforts to 
bring GMOs under the rule of law. The  victory breathes new life into our 
consumer campaigns for marketplace rejection  of food brands that have 
indicated 
they would use GMO sugar. 
TAKE ACTION: 
_http://salsa.democracyinaction.org/o/642/t/1961/campaign.jsp?campaign_KEY=1
2700_ 
(http://salsa.democracyinaction.org/o/642/t/1961/campaign.jsp?campaign_KEY=12700)
 
Write to American Crystal Sugar President David Berg who  believes 
consumers acceptance of GMO sugar be "a big nonevent." Tell him you're  joining 
the 
boycott of foods with non-organic sugar.
 
 
SAN FRANCISCO -- The government illegally approved a  genetically modified, 
herbicide-resistant strain of sugar beets without  adequately considering 
the chance they will contaminate other beet crops, a  federal judge in San 
Francisco has ruled. 
 
 
The ruling by U.S. District Judge Jeffrey White rejected the  U.S. 
Department of Agriculture's decision in 2005 to allow Monsanto Co. to sell  the 
sugar beets, known as "Roundup-Ready" because they are engineered to coexist  
with Monsanto's Roundup herbicide. 
 
 
Sugar beets produce 30 percent of the world's sugar and,  according to 
consumer groups, half the granulated sugar in the United States.  This year's 
planting, centered in Oregon's Willamette Valley, is the first to  include a 
full crop of the Monsanto product. 
 
 
White said the USDA, in concluding that the new crop would  have no 
significant environmental effects, discounted the likelihood that  wind-borne 
pollen would spread to fields where conventional sugar beets, table  beets and 
the beet variety known as Swiss chard are grown. 
 
 
Planting genetically modified sugar beets has a "significant  effect" on 
the environment, White said in his ruling Monday, because of "the  potential 
elimination of a farmer's choice to grow non-genetically engineered  crops, 
or a consumer's choice to eat non-genetically engineered food." 
 
 
He said the department must prepare an environmental impact  statement, 
which would include public input. 
 
 
White did not immediately prohibit distribution of the  genetically 
modified sugar beets, but a lawyer for plaintiffs in the case said  they would 
ask 
the judge for an injunction against sales until the review was  completed. 
 
 
The ruling "sends a very clear message to the USDA to protect  American 
farmers and consumers and not the interests of Monsanto," said Kevin  Golden, a 
San Francisco attorney for the nonprofit Center for Food Safety, which  
opposes genetically modified foods and supports organic farming. 
 
 
Golden said the ruling could also affect herbicide use,  because the 
Environmental Protection Agency has allowed more herbicide spraying  in areas 
where the resistant crops are grown. 
 
 
Representatives of the Agriculture Department and Monsanto  were 
unavailable for comment. Luther Markwart, spokesman for the 10,000-member  
American 
Sugar Beet Growers Association, said the group is "looking forward to  
aggressively advocating" for farmers who want to use the altered beets. 
 
 
The ruling followed a similar decision in 2007 by another  federal judge in 
San Francisco, Charles Breyer, to halt the nationwide planting  of 
Monsanto's genetically engineered strain of alfalfa until the USDA conducted  
an 
environmental study. A federal appeals court upheld Breyer's decision last  
year. 
 
 
The department's 2005 decision on sugar beets acknowledged  that pollen 
from the genetically modified crop could spread to other beet crops.  But the 
USDA said farmers would not be harmed because they would still be able  to 
buy non-genetically modified seeds. 
 
 
White, however, cited studies that said winds can carry sugar  beet pollen 
at least 2 1/2 miles, much farther than the voluntary buffer zones  between 
beet crops recommended by Oregon agriculture officials. 
 
 
He said the department had failed to consider the economic  effects of its 
decision and had provided no evidence for its conclusion that  
non-genetically modified sugar beets would remain available to farmers. 
 
 
© 2009 Hearst Communications Inc. 
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