June 28, 2002 Gene-Altered Canola Pollen Can Spread to Other Fields By JILL CARROLL Staff Reporter of THE WALL STREET JOURNAL WASHINGTON -- A new study has shown that the pollen of genetically modified canola can spread over wide areas into neighboring fields. That study, together with other recent reports of similar cross-pollination, have farmers concerned about possible legal fallout. As researchers develop more genetically altered crops, the threat grows of major lawsuits from growers who don't want the genetically modified crops mixing with their crops. The biotechnology industry has already experienced one crop-contamination fiasco. In 2000, StarLink, a genetically modified corn that contained a pesticide and was not approved for human consumption, was found processed into taco shells and other products. The discovery resulted in sweeping recalls and lawsuits from farmers and grain elevators. StarLink's maker, Aventis CropScience, now a unit of Bayer AG, has set aside €100 million ($98.2 million) to cover losses by farmers and food companies. Genetically modified crops contain genes designed to make them better for farmers, such as genes that allow plants to survive when sprayed with a weedkiller. All genetically altered crop seed in the U.S. has to be approved by the U.S. Agriculture Department before being sold. Various control measures are put in place when the seeds are being tested, but the USDA places no such requirements on the crops once they are approved. The new studies, however, could put pressure on the USDA to make sure those requirements are adequate. A USDA spokeswoman said it had not reviewed the studies, but added that new science "is helpful." In one of the reports, Australian researchers found that pollen from a canola plant bred to be herbicide-resistant could travel nearly two miles away, borne by wind and insects. It is one of the first studies to look at large, commercial-size fields, rather than smaller test plots. The finding, published in Friday's issue of Science, follows a Canadian study on canola released this week that found several varieties of so-called clean canola seeds contained some genetically modified material, and blamed the breeder seeds they came from. The European Union also recently put out a paper showing that genetically modified canola is at "high risk" of cross-pollinating with other canola crops. In the Australian study, about 63% of the fields tested turned up some plants with modified genes, but the highest rate of modified plants in nonmodified fields was only 0.2%. In the Canadian study, the government said it still felt it would be relatively easy to produce organic canola, despite the mixing of canola found. But organic farmers say that the screening tests their customers use to detect genes are so sensitive that they will pick up even tiny amounts. Farmer groups say they are concerned they could get sued if their genetically altered crops drift into a field of unmodified crops. In Canada, a group of organic farmers filed a class-action suit against Monsanto Co., of St. Louis, and Aventis CropScience, claiming their genetically altered canola products drifted into their fields, causing them to lose millions of dollars. The farmers in that case, the Saskatchewan Organic Directorate, said the recent Canadian canola study is essential to their case. Aventis declined to comment. A Monsanto spokesman said the Australian study shows that "different forms of agriculture can coexist." Such a lawsuit in the U.S. "would have huge nationwide implications," said Joe Logan, a member of the National Farmers Union. "We feel definitely the liability needs to be with the corporations." Rep. Dennis Kucinich (D., Ohio) has proposed legislation to place liability on the companies if the seeds are used properly but something still goes wrong. With time running out on the legislative session, the bill isn't expected to get far this session, but could be re-introduced next year. The Biotechnology Industry Organization says that there are no liability risks with the crops, but that those opposed to them are trying to pretend there are. "If there is any [damage done] it is self-inflicted damage by the organic growers," said Val Giddings, the trade group's vice president for food and agriculture.