Article from Dow Jones New Service 7-22-98

Ed Sparling (esparlin@ceres.agsci.colostate.edu)
Wed, 22 Jul 1998 13:14:52 -0600

UK Farmer's Organic Corn Crop To
Undergo Gene Tests-Ass'n

Dow Jones Newswires

LONDON -- A U.K. organic farmer who lost a High Court appeal to halt
trials of gene modified corn in a field next to his farm won't be stripped
of his
organic status if tests prove his sweetcorn crop is uncontaminated, the Soil
Association said Wednesday.

The London High Court rejected an appeal Tuesday from Guy Watson,
who claimed that a government test site of gene-modified T-25 corn
threatened the well-being of his crop.

Watson argued that cross-pollination between the genetic crop, due to
flower later this month or early August, and his organically produced
sweetcorn would mean the revocation of his organic accreditation.

However, Harry Hadaway, campaign manager at the Soil Association,
which awards the nationally recognized organic status, said no decision to
revoke Watson's organic status would be taken until tests were conducted.

"In three weeks, the Soil Association will send inspectors to Guy Watson's
farm," Hadaway said.

"They'll undertake a risk assessment of Watson's crop and give a
recommendation to the U.K. Regulators of Organic Standards (UKROS),"
he said.

"The risk assessment will be considered by the UKROS board, who will
meet August 24. They will decide whether the sweetcorn crop will remain
certified organic," added Hadaway.

Although the High Court refused Watson's appeal, upholding an earlier
ruling that the likelihood of genetic pollution would be non-existent, judges
said that the government had breached seed trial regulations.

According to the 1982 Seeds Regulations, the Ministry of Agriculture,
Fisheries and Food (MAFF) is prohibited from entertaining an application
for the proposed listing of a new seed variety unless the applicant has
submitted with his application "the results of two replicated trial."

Lawyers acting for Watson argued that no such replicated trial results had
been submitted by the government.

Furthermore, Watson's lawyers said that Food Safety minister, Jeff Rooker,
even dismissed the importance of the replicated trials in a written answer to
a Parliamentary question in May.

"Experience has shown that this information (the results of the replicated
trials) is of little value in assessing National List applications and the
Department has not required applicants to comply with these provisions
since 1995," Rooker said.

High Court judges said it had been "remarkable and regrettable" that the
approach taken to such trials in recent years was "contrary to law."

According to Friends of the Earth, retrospective legislation must be
introduced to clear up uncertainty over seed regulations.

"The court case has shown that the rules and regulations have not been
rigorously enforced in terms of the seed trials," said a spokesman for
Friends of the Earth.

The Soil Association's Hadaway added: "We are asking ministers to clear
the regulations up. There must be replicated trials, not seed list trials."

The government, seriously embarrassed by the judges' observations, is now
faced with 1,200 unlawful national seed testing trials.

A MAFF spokeswoman said the ministry was studying the court ruling and
would be seeking urgent legal advice to amend the regulatory legislation.

The MAFF spokeswoman decline to say whether ministers were
considering retroactive legislation in the wake of the court's ruling.

Dan Verrakis, a spokesman from U.S. agri-business company, Monsanto
Co., said the court decision vindicated the view of the bio-technology
companies that there is no risk of cross-pollination between gene modified
and conventional crops.

"The judges entirely dismissed claims that there was a risk to the organic
farmer's crops so we are very pleased that the court has decided that there
was no risk posed from cross-pollination," Verrakis said.

-By Sri Jegarajah; 44-171-832-8172; sjegarajah@ap.orgUK Farmer's Organic
Corn Crop To
Undergo Gene Tests-Ass'n

Dow Jones Newswires

LONDON -- A U.K. organic farmer who lost a High Court appeal to halt
trials of gene modified corn in a field next to his farm won't be stripped
of his
organic status if tests prove his sweetcorn crop is uncontaminated, the Soil
Association said Wednesday.

The London High Court rejected an appeal Tuesday from Guy Watson,
who claimed that a government test site of gene-modified T-25 corn
threatened the well-being of his crop.

Watson argued that cross-pollination between the genetic crop, due to
flower later this month or early August, and his organically produced
sweetcorn would mean the revocation of his organic accreditation.

However, Harry Hadaway, campaign manager at the Soil Association,
which awards the nationally recognized organic status, said no decision to
revoke Watson's organic status would be taken until tests were conducted.

"In three weeks, the Soil Association will send inspectors to Guy Watson's
farm," Hadaway said.

"They'll undertake a risk assessment of Watson's crop and give a
recommendation to the U.K. Regulators of Organic Standards (UKROS),"
he said.

"The risk assessment will be considered by the UKROS board, who will
meet August 24. They will decide whether the sweetcorn crop will remain
certified organic," added Hadaway.

Although the High Court refused Watson's appeal, upholding an earlier
ruling that the likelihood of genetic pollution would be non-existent, judges
said that the government had breached seed trial regulations.

According to the 1982 Seeds Regulations, the Ministry of Agriculture,
Fisheries and Food (MAFF) is prohibited from entertaining an application
for the proposed listing of a new seed variety unless the applicant has
submitted with his application "the results of two replicated trial."

Lawyers acting for Watson argued that no such replicated trial results had
been submitted by the government.

Furthermore, Watson's lawyers said that Food Safety minister, Jeff Rooker,
even dismissed the importance of the replicated trials in a written answer to
a Parliamentary question in May.

"Experience has shown that this information (the results of the replicated
trials) is of little value in assessing National List applications and the
Department has not required applicants to comply with these provisions
since 1995," Rooker said.

High Court judges said it had been "remarkable and regrettable" that the
approach taken to such trials in recent years was "contrary to law."

According to Friends of the Earth, retrospective legislation must be
introduced to clear up uncertainty over seed regulations.

"The court case has shown that the rules and regulations have not been
rigorously enforced in terms of the seed trials," said a spokesman for
Friends of the Earth.

The Soil Association's Hadaway added: "We are asking ministers to clear
the regulations up. There must be replicated trials, not seed list trials."

The government, seriously embarrassed by the judges' observations, is now
faced with 1,200 unlawful national seed testing trials.

A MAFF spokeswoman said the ministry was studying the court ruling and
would be seeking urgent legal advice to amend the regulatory legislation.

The MAFF spokeswoman decline to say whether ministers were
considering retroactive legislation in the wake of the court's ruling.

Dan Verrakis, a spokesman from U.S. agri-business company, Monsanto
Co., said the court decision vindicated the view of the bio-technology
companies that there is no risk of cross-pollination between gene modified
and conventional crops.

"The judges entirely dismissed claims that there was a risk to the organic
farmer's crops so we are very pleased that the court has decided that there
was no risk posed from cross-pollination," Verrakis said.

-By Sri Jegarajah; 44-171-832-8172; sjegarajah@ap.org

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