Sugar Industry Biotech Council

October 17, 2011

On Oct. 14, 2011, announcement of a public comment period for Glyphosate-Tolerant H7–1 Sugar Beets, Request for Nonregulated Status, was published in the Federal Register. The U.S. Department of Agriculture’s (USDA’s) Animal and Plant Health Inspection Service (APHIS) announced on Oct. 11, 2011, the availability of a draft Environmental Impact Statement (EIS) that examines the potential environmental effects of determining the nonregulated status of these glyphosate-tolerant Roundup Ready® sugar beets. The Federal Register notice requests public comments on the draft EIS through Dec. 13, 2011.

On Feb. 4, 2011, following an environmental assessment, APHIS authorized the interim planting of Roundup Ready sugar beets subject to conditions while it independently considers nonregulated status.

The sugar industry is currently reviewing the draft EIS.

February 28, 2011

On February 25, 2011, the Ninth Circuit Court of Appeals overturned an injunction that had ordered the destruction of sugar beet stecklings (seedlings) that were genetically modified to tolerate labeled applications of Roundup agricultural herbicides. The Appeals Court said plaintiffs failed to show that the stecklings, being grown under permits from the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS), “present a possibility, much less a likelihood, of genetic contamination or other irreparable harm.” 

The beet sugar industry’s growers, processors, technology providers and seed producers are pleased that the Ninth Circuit, after considering relevant legal precedents and evidence, concluded that the planting of these permitted stecklings was unlikely to cause harm and that deference should be given to APHIS’ “technical expertise and judgments on this score.”  The stecklings are intended for research and breeding purposes, as well as basic seed and hybrid seed production for 2012 and future years.

The Appeals Court also said it would address in a separate decision the appeal regarding the U.S. District Court for the Northern District of California’s August 13, 2010, order vacating the deregulation of biotech sugar beets.

In addition, also on February 25, 2011, the District Court judge in San Francisco, whose decision was the subject of the appeal, declined to hear another case brought by the plaintiffs regarding the next stage of Roundup Ready sugar beet cultivation.

February 8, 2011

On February 4, 2011, the United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) authorized planting of Roundup Ready sugar beets. USDA APHIS’ decision included mandatory interim measures for planting Roundup Ready sugar beet crops, including the spring 2011 crop, while APHIS prepares a final Environmental Impact Statement (EIS) on Roundup Ready sugar beets.

The sugar beet industry appreciates the Secretary’s leadership and USDA’s thorough scientific review reflected in this partial deregulation of Roundup Ready sugar beets while work on the EIS continues. To address the uncertainty created by the Center for Food Safety’s vows to overturn APHIS’ determination, the sugar beet industry has filed a lawsuit in the United States District Court for the District of Columbia that, in part, seeks a declaratory judgment that APHIS’ action fulfills the requirements of federal law.

Because the sugar beet industry feels that a few of the mandatory measures required by APHIS go beyond what is required under federal law, the lawsuit also asks the Court to determine that certain of the interim measures adopted by APHIS impose an unnecessary burden. This lawsuit does not reflect a lack of respect or dissatisfaction with the significant work that USDA has undertaken to address matters that are critical to our industry, including the opportunity to plant Roundup Ready sugar beets this spring.

Sugar beets are unique in that the commercial crop grown for sugar production does not produce seed. Since the crop was deregulated in 2005, there has been no evidence of harm. In fact, Roundup Ready sugar beets offer numerous environmental benefits. The Roundup Ready system in sugar beets requires fewer herbicide applications to effectively control weeds. Fewer trips across the field mean reduced greenhouse gas emissions, reduced soil erosion, reduced soil compaction and enhanced water conservation.

Sugar beets are an important crop, planted on 1.2 million acres in the United States annually and supplying half of our nation’s sugar. This important supply is essential for our food manufacturers and consumers. The value of sugar beet crops is critically important to rural communities and their economies. Roundup Ready sugar beets planted on 95 percent of all sugar beet acreage have allowed growers to control weeds – one of their greatest challenges – in a more environmentally sustainable way. Sugar beet growers are committed to protecting this technology now and in the future for all growers, rural communities, the North American food industry and consumers.

December 22, 2010

On December 21, 2010, the Ninth Circuit Court of Appeals extended its stay pending appeal of Judge Jeffrey White’s November 30, 2010, injunction requiring destruction of sugar beet stecklings (seedlings) currently being grown under permits from the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS). The stecklings are intended for research and breeding purposes, as well as basic seed and hybrid seed production for 2012 and future years. The Appeals Court consolidated the permit litigation with the appeal of Judge White’s August 13, 2010, decision vacating the deregulation of biotech sugar beets and expedited the briefing and hearing schedule so that the appeals can be heard in early February 2011. To allow for consideration of the appeals, the stay of Judge White’s injunction has been extended to February 28, 2011, or such other time as the Ninth Circuit orders.

The beet sugar industry’s growers, processors, technology providers and seed producers are pleased that the Court of Appeals will now have sufficient opportunity to consider relevant legal precedents and unrebutted evidence that the planting of these permitted steckling fields is authorized by law and would cause no harm.

December 7, 2010

On December 6, 2010, the Ninth Circuit Court of Appeals granted a temporary stay of Judge Jeffrey White’s November 30, 2010, ruling requiring destruction of sugar beet stecklings (seedlings) currently being grown under permits from the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS). The stecklings are intended for research and breeding purposes, as well as basic seed and hybrid seed production for 2012 and future years. The Appeals Court granted the stay of the district court’s order until December 23, 2010, and, in the interim, the Court will determine the next steps in the proceedings.

The beet sugar industry’s growers, processors, technology providers and seed producers are pleased that the Court of Appeals will now have a meaningful opportunity to consider relevant legal precedents and unrebutted evidence that the planting of these permitted steckling fields is authorized by law and would cause no harm.

December 2, 2010

On November 30, 2010, Judge Jeffrey White of the U.S. District Court for the Northern District of California ordered the removal from the ground of sugar beet stecklings (seedlings) currently being grown under permits from the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) and intended for research and breeding purposes, as well as basic seed and hybrid seed production for 2012 and future years. This ruling would take effect on Dec. 7, 2010.

The sugar industry disagrees with this ruling, which has already been appealed by APHIS and industry parties, who are also seeking an immediate stay of the order. 

Sugar beets are an important crop, planted on 1.2 million acres in the United States annually and supplying half of our nation’s sugar.  The value of sugar beet crops is critically important to rural communities and their economies. Biotech sugar beets planted on 95 percent of all sugar beet acreage have allowed growers to control weeds – one of their greatest challenges – in a more environmentally sustainable way.

October 13, 2010

On October 8, 2010, the U.S. Department of Justice filed a notice of appeal, pending approval of the United States Solicitor General, of the court order issued on August 13, 2010, by Judge Jeffrey White of the U.S. District Court for the Northern District of California in which the United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service’s (APHIS) original deregulation of Roundup Ready sugar beets was vacated and remanded back to APHIS.  Intervenor-Defendants, representing the nation’s sugar beet farmers, processors, seed and technology providers, filed their notice of appeal on October 12, 2010.

Sugar beets are an important crop, planted on 1.2 million acres in the United States annually and supplying half of our nation’s sugar.  The value of sugar beet crops is critically important to rural communities and their economies.  Biotech sugar beets planted on 95 percent of all sugar beet acreage have allowed growers to control weeds – one of their greatest challenges – in a more environmentally sustainable way.

September 1, 2010

On September 1, 2010, the United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced its next steps in response to the August 13 ruling by Judge Jeffrey White of the U.S. District Court for the Northern District of California regarding Roundup Ready sugar beets.

The court returned this matter to APHIS to address and resolve consistent with the Supreme Court’s recent ruling in Monsanto v. Geertson Seed Farms.  The sugar industry is pleased to see that APHIS is engaged and working on this matter.  The sugar industry is likewise engaged and pledges its support to continue to provide APHIS any information necessary to move this process forward.