Genetically Modified Foods: By ‘Editing’ Plant Genes, Companies Avoid Regulation - by Andrew Pollack

Its first attempt to develop genetically engineered grass ended disastrously for the Scotts Miracle-Gro Company. The grass escaped into the wild from test plots in Oregon in 2003, dooming the chances that the government would approve the product for commercial use.

Yet Scotts is once again developing genetically modified grass that would need less mowing, be a deeper green and be resistant to damage from the popular weedkiller Roundup. But this time the grass will not need federal approval before it can be field-tested and marketed.

Scotts and several other companies are developing genetically modified crops using techniques that either are outside the jurisdiction of the Agriculture Department or use new methods — like “genome editing” — that were not envisioned when the regulations were created.

The department has said, for example, that 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.

The trend alarms critics of biotech crops, who say genetic modification can have unintended effects, regardless of the process.

“They are using a technical loophole so that what are clearly genetically engineered crops and organisms are escaping regulation,” said Michael Hansen, a senior scientist at Consumers Union. He said the grass “can have all sorts of ecological impact and no one is required to look at it.”

Even some people who say the crops are safe and the regulations overly burdensome have expressed concern that because some crops can be left unregulated, the whole oversight process is confusing and illogical, in some cases doing more harm than good.

In November’s Nature Biotechnology, plant researchers at the University of California, Davis, wrote that the regulatory framework had become “obsolete and an obstacle to the development of new agricultural products.”

But companies using the new techniques say that if the methods were not labeled genetic engineering, novel crops could be marketed or grown in Europe and other countries that do not readily accept genetically modified crops.

Freedom from oversight could also open opportunities for smaller companies and university breeders and for the modification of less common crops. Until now, in part because of the costs associated with regulation, crop biotechnology has been dominated by Monsanto and a handful of other big companies working mainly on widely grown crops like corn and soybeans.

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.

“It’s not that I think these are risky,” she said of the crops escaping regulation. “But the very fact that this is the route we are taking without any discussion is troubling.”

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