Seed companies such as Scotts Miracle-Gro and Cellectis Plant Sciences are utilizing techniques to genetically modify crops that are outside of federal jurisdiction or use methods that were not imagined when the regulations were created, said the New York Times. USDA, FDA and EPA share oversight of genetically engineered crops and animals. USDA’s authority flows from laws that protect plants from pests.
The early generations of genetically engineered plants used genes from bacteria. Now, researchers are experimenting with materials that are not listed as plant pests. USDA has said ” it has no authority over a new herbicide-resistant canola, a corn that would create less pollution from livestock waste, switch grass tailored for biofuel production, and even an ornamental plant that glows in the dark,” says the Times.
Consumers Union says researchers are exploiting “a technical loophole” to evade regulation, the Times reported, adding that companies using the new techniques could circumvent trade restrictions against GE crops. They also could save time and money in bringing a new plant variety to market. The Times cites an estimate that one-quarter of the development cost of a GE plant goes to regulatory review that can take years.
Says the Times, “Jennifer Kuzma, co-director of the Genetic Engineering and Society Center at North Carolina State University, said that there would soon be a flood of crops seeking regulatory exemptions and that there needed to be a public discourse about what should be regulated, in part to allay possible consumer anxiety.”