Safe Food_ Bacteria, Biotechnology, and Bioterrorism - Marion Nestle [130]
At issue was what to do about the Bt toxin. The toxin is a pesticide, but it is genetically engineered into plant tissues. In 1994, as part of its response to the Coordinated Framework, the EPA proposed to apply the laws governing chemical pesticides to transgenic crop plants containing Bt and other such toxins and, by analogy, call them plant-pesticides. This expanded definition made sense, according to the agency, because the large-scale application of Bt crops “could result in new or unique exposures of nontarget organisms, including humans.”54 As we have seen, however, the primary concerns about transgenic crops containing such toxins are about what they might do to the environment: displace existing crops, create resistant weeds, disrupt ecosystems, reduce crop diversity, or, as the most emotionally charged of such problems, kill monarch butterflies. Furthermore, widespread plantings of transgenic Bt crops might undermine the use of this toxin in organic agriculture. Organic growers use Bt as a temporary spray that washes off in the rain. The permanent integration of the transgenic Bt toxin into widely planted crops could spread the Bt trait by pollinating related weeds or organically grown crops and promote Bt- resistance in insect pests.55
To monitor such possibilities, the EPA proposed that developers of transgenic plants register them in the same way as conventional pesticides; evaluate their environmental fate, ecological impact, effects on human health, and potential for inducing resistance; and label them as plant-pesticides. Despite EPA’s assurance that the rules would help companies resolve regulatory uncertainties, inspire confidence, and attract investors, most segments of the industry were not pleased. Some industry groups objected that complying with these regulations would cost companies from $60,000 to $1 million per product. Others called the proposals anachronistic, burdensome, and unnecessary, and said such rules would “exert a profoundly negative effect on agricultural research and on the commercialization of biological pest management strategies.” In 1996, a coalition of 11 professional societies told Congress that the EPA policy was “scientifically indefensible” because it did not require conventional vegetables to undergo such scrutiny, although many contain naturally occurring chemicals that inhibit pests. Still others called the policy an approach to regulation that “flies in the face of everything science has taught us about risk and the scientific basis of plant genetics.” The biotechnology industry’s position on the proposed rules was nowhere near unanimous, however, as some of the larger companies favored the regulations because they were likely to force smaller competitors out of business. On this basis, a spokeswoman for the Institute of Food Technologists said, “It is not in the public’s interest to concentrate all of this research in a few multinational companies. . . . We want to keep the playing field level for all participants.” Environmental groups, although “pleased that EPA plans to regulate such crops the way it regulates traditional chemical pesticides,” thought the rules inadequately focused on the overuse of chemical herbicides and too generous with exemptions.56
While these debates continued, the EPA operated as if the rules were in place but refrained from issuing final regulations. In 1999, the Biotechnology Industry Organization (BIO) challenged the EPA’s use of “plant-pesticides” as a designation. This term, it argued, could reduce confidence in the safety of the crops because “pesticide” connotes “kill.” Instead, BIO argued, the EPA should encourage consumer acceptance of transgenic crops by labeling them “plant-expressed protectants.” Agency officials agreed to consider this demand.57