[PCA] NEWS: Scotts fined for accidental release of genetically engineered creeping bentgrass

[Olivia Kwong]

A $500,000 civil penalty settlement agreement with Scotts was announced by
USDA late yesterday, with respect to the accidental release of
glyphosate-tolerant creeping bentgrass. A summary is given below, and the
full official press release is posted at:
http://www.usda.gov/wps/portal/usdahome?contentidonly=true&contentid=2007/11/0350.xml

       Maximum Fine for Escape of Genetically Engineered Creeping Bentgrass:
             USDA assesses The Scotts Company a $500,000 civil penalty

       The U.S. Department of Agriculture (USDA), Animal and Plant Health
    Inspection Service (APHIS) has concluded an investigation into
    compliance infractions by The Scotts Company relating to still-regulated
    genetically engineered glyphosate-tolerant creeping bentgrass.  Creeping
    bentgrass (Agrostis stolonifera) is a perennial now used largely for
    golf course greens, tees and fairways.  Scotts’ creeping bentgrass was
    genetically engineered with the Monsanto Company and is resistant to the
    herbicide glyphosate.  Under APHIS authorization, Scotts has field
    tested glyphosate-tolerant creeping bentgrass in various locations
    across the United States.

       Under the settlement agreement of November 26, 2007, Scotts has
    agreed to pay a civil penalty of $500,000 -- the maximum allowed by the
    Plant Protection Act of 2000.  APHIS entered into this agreement to
    resolve allegations that Scotts failed to comply with performance
    standards and permit conditions for field trials of glyphosate-tolerant
    creeping bentgrass and improperly moved the seed.  APHIS also alleges
    that Scotts failed to conduct a 2003 Oregon field trial in a manner
    which ensured that glyphosate-tolerant creeping bentgrass and its
    offspring would not persist in the environment.  Scotts is continuing
    monitoring and mitigation actions in central Oregon to locate and remove
    the genetically engineered material accidentally released during the
    2003 field trial.  These actions were required by APHIS beginning in
    2004.  The current allegations address the ongoing persistence in the
    environment related to the accidental release of the regulated
    genetically engineered creeping bentgrass.

            As a part of the settlement agreement, Scotts within a year will
    conduct three public workshops for potential developers of genetically
    engineered plants and other interested parties.  The workshops will
    focus on best management practices and technical guidance on
    identification and prompt resolution of biotechnology compliance
    incidents.