|
|
 |
" I heard it
through the
AgLine"
|
|
July 21, 2010
·
California
tackles organic produce fraud
·
Vegetable
breeding patents challenged
·
Scientist
charged with giving data to China
·
Glyphosate
falls victim of its own success
·
Climategate
fallout only just beginning
California tackles organic produce fraud
(TheCalifornian.com)
– It's been barely a year since Luis Miranda began selling
organic produce at farmers markets near his home in California's
Central Valley, but he's already seen every
trick in the book.
Scanning the stands recently at a market in downtown Sacramento, Miranda
pointed out a half-dozen examples of misleading signs and labels. One of the
most common tricks is posting a banner with the California Certified Farmers'
Markets seal — which closely resembles the marks bestowed by state-recognized
organic certifiers, but means only that the produce was grown by the farmer
selling it.
"You see banners that say 'certified' or
'pesticide-free,' and it's either not true or it doesn't mean what customers
think it means," Miranda said. "I see farmers do it all the time, and
it hurts real organic farmers like me."
Higher prices for organic produce give farmers an incentive
to look for ways around the costly and time-consuming organic certification
process. The results can be shoppers who don't get what they pay for and true
organic producers who are undersold by conventional farmers with lower
production costs.
To cut down on such fraud, California is launching a new effort to
boost enforcement of rules governing the fast-growing, $1.1 billion organic
industry that many say has thus far been a poorly regulated free-for-all.
"Enforcement is critical, because right now no one's
watching the store," said Al Montna, president
of the state Board of Food and Agriculture. "Organic produce is difficult
to raise, it's expensive, and the guy that's
short-circuiting the process is taking away value on the market."
In fact, the 40-year-old Miranda was the only vendor at the
market that day whose squash, bell peppers and tomatoes bore the seal of an
accredited organic certifier. To keep that seal, he pays about $250 in annual
fees to the certifier and the State Organic Program, which oversees at least
2,800 farms and ranches in the largest organic farming community in the
country.
"They're supposed to use the fees to make improvements,
but every market where I go, the state has never shown up," said Miranda,
who lives about 40 miles south of the state capital in Lodi and sells at six
farmers markets each week. "I feel like I'm just donating some money to
the state, and I don't know what they do with it."
The State Organic Program proposed new rules in June aimed
at creating more consistent oversight. They would, for the first time, outline
specific procedures for investigating complaints and collecting samples to
check for use of unauthorized pesticides and fertilizers. They also would allow
the state to establish a spot inspection program to ensure California-made
products carrying the organic label are authentic.
In addition, later this month, state agriculture officials
will begin training county officials to weed out organic impostors.
Rick Jensen, chief of inspection and compliance for the
California Department of Food and Agriculture, said officials would focus on
areas where they know there are problems.
That will include farmers' markets, where many organic
sellers are allowed to skip certification because their gross sales bring in
less than $5,000 per year. The small farms are expected to obey the same rules
as larger, certified ones, but officials acknowledge they've had difficulty
enforcing that.
Related
The State Organic Program will hold a public hearing on the
proposed rules in August and hopes to see them take effect in October, Jensen
said.
Audit finds lapses
California Certified Organic Farmers, one of the state's
largest organic certification agencies, has been urging the state to crack down
on violations for years, executive director Peggy Miars
said.
"Only with reliable enforcement can we assure customers
of the high integrity of the organic foods they buy and eat," she said.
California
is home to 20 percent of the country's organic operations and is the only state
with its own oversight program. Other states rely on the U.S. Department of
Agriculture's National Organic Program to make sure organic products meet
uniform standards and are appropriately labeled.
In March, an internal audit of the National Organic Program
highlighted the difficulty of regulating an industry that has grown between 14
percent and 21 percent annually over the past decade. The audit found numerous
lapses in enforcement on the national level and in California's program.
Jensen, the state inspection chief, said the state had already
begun working to meet the audit's recommendations before it was published. He
received a letter from the USDA in May confirming that California was in full compliance with
national standards.
Not everyone thinks more state involvement will improve California's organic
industry.
Dan Best, the coordinator of Certified Farmers' Markets of
Sacramento, said he believes his 10 locations are relatively free of deceptive
practices by non-organic farmers. If anything, he said, the state's onerous and
expensive certification process has shut out farmers whose products truly are
organic.
"I've got several growers who everyone knows to be
organic, but they don't use the label because they can't meet all the
regulation requirements," Best said. "We want to be sure people
aren't misrepresenting their produce, we want to be safe, but the current
regulations are a huge cost to growers."
Return to Top
Tomato, broccoli breeding patents
challenged
(Bloomberg)
– Unilever NV, the world’s second- biggest consumer goods maker, and Syngenta
AG are challenging the validity of European patents on breeding processes for
tomatoes and broccoli at a hearing that attracted about 150 demonstrators.
The hearing, which started this morning at the European
Patent Office, will establish the validity of patents on breeding vegetables. A
unit of Basel, Switzerland-based Syngenta and Unilever, based in London and Rotterdam,
challenged the patents as invalid because they cover a biological rather than
technical process.
Farmers and representatives from Greenpeace were among those
protesting against the patents outside the Munich,
Germany,
office today. Patents that cover vegetables should
never have been granted and must be stopped, Greenpeace said in a statement
today.
Failure to do so would lead to “rising prices for farmers
and consumers” because fewer companies would control food production, Christoph Then, a patent consultant for Greenpeace, said in
the statement.
“The cases today will decide to what extent the patents can
be maintained,” Rainer Osterwalder, a spokesman for
the patent office said by telephone. “The patents will remain valid until
there’s a final decision, which we expect by the end of this year.”
Plant Bioscience Patent
In 2003, Syngenta filed its challenge against the patent
U.K.-based Plant Bioscience Ltd. got a year earlier on a breeding process for
broccoli plants. Unilever in 2004 opposed a patent granted to the Israeli
Ministry of Agriculture for a method for breeding tomatoes, according to the
patent office.
While Syngenta backs patent protection for new breeding
methods that respect the law, the company doesn’t support patents on methods
that already exist.
“We originally filed an opposition to the ‘broccoli patent’
because we did not believe the requirements of patentability were met,”
Syngenta said in an e-mailed statement. “Our opposition was in relation to this
very specific patent application.”
Unilever spokesman Flip Doetsch
said in an e-mail he had no comment at this stage.
A European patent is the easiest way for companies at the
moment to get patent protection across several countries at once. The European
Patent Office isn’t part of the European Union.
The European Commission, the executive agency for the 27-
nation region, earlier this month presented plans to create patents to cover
the whole EU. Similar plans for EU-wide patents have failed in the past over
language issues.
Return to Top
Scientist charged with giving data to
China
(boston.com)
WORCESTER — A scientist from Westborough passed on trade secrets worth more
than $100 million to China about a commercial insecticide developed by Dow
Chemical Co., said a federal prosecutor, who described Kexue
Huang as one of only a handful of people ever charged by the United States with
economic espionage to benefit a foreign government.
Huang, 45, who worked for Dow in Indiana
for five years until he was fired in early 2008, was arrested on July 13 in Massachusetts, where he now lives, on 12 counts of
economic espionage to benefit a foreign government or instrumentality,
Assistant US Attorney Scott L. Garland said at Huang’s bail hearing yesterday
in US District Court in Worcester.
Huang was also charged with five counts of interstate or foreign transportation
of stolen property.
The charges, which do not involve classified or national
defense information, stem from a federal indictment in Indiana that remains sealed. Garland and Alexander H. Arnett Jr., an FBI agent who
testified briefly at the hearing, provided scant details except that Huang
allegedly transmitted commercial secrets to Hunan
Normal University
in China,
some by e-mail.
A spokeswoman for the US attorney’s office for the
Southern District of Indiana confirmed the indictment but would not discuss it.
But Huang’s lawyer, James P. Duggan of Boston,
said his client, a Canadian citizen and legal US resident, was merely a coauthor
of an article in a scholarly journal published by the university in December
2008. The article was called “Recent Advances in the Biochemistry of Spinosyns’’ and dealt with insect control agents used in
agriculture.
“If he was really intending to steal trade secrets which
allegedly have these commercial values of hundreds of millions of dollars, he
would hardly be publishing what he knew in a scholarly journal which is open to
and available to the public,’’ Duggan said after the hearing. “That is not the
way a proper crime is committed.’’
Dow AgroSciences, a Dow business unit based in Indianapolis, said in a statement
that it was “aware of an FBI investigation into a potential violation of our
company’s intellectual property rights by a former employee.’’
“We are cooperating fully with the authorities,’’ the
statement said. “Because of the nature of the investigation, we are unable to
comment further.’’
Huang lives in Westborough and works as a scientific
researcher for Qteros Inc., a Marlborough biofuels company, and hopes to
return to work.
“He has no reason to believe that his job is in jeopardy,’’
said Duggan. He later said his client has a doctorate in pharmacology from a
university in Japan.
Sue Hager, spokeswoman for Qteros,
said Huang has worked at the biofuels company for about a year.
“As far as we understand, the allegations have nothing to do
with his employment here at Qteros,’’ she said.
Huang, a tall, thin bespectacled man who wore a tan jail
jumpsuit, black sneakers, and leg shackles, is one of only six or seven
individuals ever charged with economic espionage to benefit a foreign
government or instrumentality, Garland
said.
The Justice Department in Washington
had to approve the filing of those charges, unlike most charges brought by
federal prosecutors in Massachusetts, Garland said.
Joseph F. Savage Jr., a Boston defense lawyer and former federal
prosecutor who has written about the Economic Espionage Act, said Congress
passed the law in 1996 after the FBI said it was investigating more than 150
cases of commercial espionage benefiting foreign governments.
Since the law went into effect, Savage said, roughly 50
cases have been prosecuted, and the vast majority of them concerned corporate
espionage among competitors in the United States.
Most of the cases involve “one company stealing stuff from
another company,’’ he said. “There’s millions of employees, and most of them
don’t have any connection to foreign governments.’’
Each count of economic espionage carries a maximum sentence
of 15 years, though Huang would probably serve far less if convicted, Garland said. The other
charges carry a maximum sentence of 10 years in prison.
Given the potential penalties, Garland
urged Magistrate Judge Timothy S. Hillman to order Huang held until he appears
in Indiana to
face the charges.
“Mr. Huang is a substantial risk of flight,’’ Garland said, adding that Huang could flee to Canada or to China, where his extended family
lives.
Duggan implored the judge to release his client and let
Huang report to Indiana himself. His chances of remaining free while awaiting
trial would probably be far greater if Hillman lets him report to Indiana.
Duggan said Huang has no criminal record and is a
well-educated man with a wife, who works as a data manager for Brigham and
Women’s Hospital, and two children. His wife sat in the gallery of the
otherwise empty courtroom.
“I do think it’s unusual, judge, that you could allege a
larceny scheme’’ based on publication in a journal, Duggan added.
Garland
countered that the allegations against Huang extended beyond the article in the
journal but declined to elaborate.
Duggan said later that prosecutors contend Huang’s alleged
theft of trade secrets could enable manufacturers in China to make the same variety of
insecticide Dow was developing.
Hillman put off a decision on Huang’s bail until he gets
more information from prosecutors.
Huang and his wife are willing to surrender their passports
and those of their children and to use the $275,000 to $300,000 of equity in
their home to secure his bail, Duggan said.
“It’s hard to picture the whole family moving, without
passports, to Canada
or any other foreign country,’’ Duggan said. “It’s unlikely they would be on
the lam for more than 10 minutes.’’
Return to Top
Glyphosate falls victim of its own
success
(weeklytimesnow.com)
– THE world's pre-eminent herbicide, glyphosate, has become a victim of its own
success, according to a leading researcher.
Harry Strek, leader of Bayer CropScience's integrated weed management and weed
resistance biology team in Germany,
said a global rise in resistance to glyphosate caused by overuse of the
herbicide had thrown a challenge out to chemical manufacturers to find the
"next big thing" in weed control.
Dr Strek spoke at a pesticide
chemistry conference in Melbourne
recently.
Speaking after the conference, he told The Weekly Times that
chemical companies needed to invest in research to find broad spectrum
herbicides with new modes of action to attack and kill weeds.
"Glyphosate was the herbicide of the century," he
said.
"Our industry has not introduced a new significant mode
of action (in weed control) in 20 years.
"We need new herbicides and they need to be
cheap."
Glyphosate resistance in some weeds has become a problem in
many countries.
Resistance has been exacerbated by the uptake of Roundup
Ready crops around the world as growers come to rely on a single herbicide for
weed control.
Some scientists are predicting half of the world's
agricultural weed species will become resistant to glyphosate by 2018.
Research by the University
of Western Australia has found Australia
has one of the world's highest levels of weed resistance per hectare of
agricultural land.
Dr Strek said the US had
huge problems with resistance to glyphosate, largely related to the use of
Roundup Ready corn and soyabean crops.
"Overuse of one herbicide will select for plants which
have mutations," he said.
"We estimate 15 to 30 continuous herbicide applications
will eventually lead to resistance.
"So it is important to mix the herbicide modes of
action.
"Farmers should use another (mode
of) chemistry every other year or every third year (for weed control)."
Dr Strek suggested farmers use
other pre-emergent or post-emergent herbicides in rotation with glyphosate,
even though the other chemicals might not be as effective.
"And if possible, rotate the types of crops," he
said.
"Basically, avoid the over-reliance on one mode of
action because weeds can develop resistance to any herbicide if it is
overused."
Return to Top
Climategate fallout only just
beginning
(SFGate.com)
– Five investigations into the "Climategate" scandal have now cleared
a group of scientists accused of twisting data in an effort to prove the world
is getting warmer.
But many environmentalists and climate researchers fear the
damage has already been done.
The scandal spawned big headlines and heated blog posts when
it erupted last fall after hackers released a stash of unflattering e-mails
from a climate research lab in Britain.
In one message, a scientist wrote of using a "trick" to "hide
the decline" in temperature-proxy data from tree rings. Global warming
doubters claimed vindication.
British and American investigations have now largely
exonerated the scientists, saying they did not warp their studies to reach a
pre-determined end. But the public may not buy it. Some polls show the public's
belief in the reality of climate change has ebbed, although other surveys
disagree.
"Despite multiple denials from people in the field,
this has really hurt," said Daniel Kammen, a UC
Berkeley professor who contributes to reports by the Intergovernmental Panel on
Climate Change. The accuracy of the IPCC's reports,
long considered the most authoritative on global warming, came under fire
during Climategate.
"Even though the science of climate change hasn't
changed, the public perception of it has," Kammen
said. "You have less than 50 percent of people strongly believing in
something that 99.99 percent of climate scientists agree on."
Exonerations downplayed
The exonerations haven't generated anything like the intense
media coverage that the initial scandal did. Newspapers have typically covered
them with small stories far removed from the front page - or ignored them
altogether.
"The accusations were on A1, the exonerations are
usually on A15," said Aaron Huertas, press
secretary for the Union of Concerned Scientists.
Climategate's lingering effects could play a role in the
debate over global warming legislation, both in Congress and in California. The U.S.
Senate is expected to take up an energy and climate change bill in the next two
weeks. And in California,
voters this fall will decide whether to suspend the state's landmark global
warming law, AB32.
"In general, I think the scandal has made the opponents
of energy-rationing legislation stronger and more confident," said Myron Ebell, director of energy and global warming policy for the
Competitive Enterprise Institute think tank.
Ebell, who for years has been one
of the fiercest critics of global warming science, doubts that Climategate by
itself changed any votes in the Senate. But the scandal may have solidified
skepticism about climate science among the public, he said. That would make any
global warming bill harder for Senate Democrats to pass.
"The American public opposes policies that are going to
raise their energy prices," Ebell said.
"And I just don't see how they can get around that."
Climategate featured accusations that scientists were
fudging data, colluding to silence critics and stonewalling public requests for
information. The investigations to date have discounted the most serious
charges.
Scientists cleared, chided
Earlier this month, for example, a British panel found that
the researchers at the center of the scandal, working at the Climatic Research
Unit of the University
of East Anglia, were not
guilty of scientific malpractice, saying "their rigor and honesty as
scientists are not in doubt." The panel found no evidence that the
scientists' behavior had undermined the accuracy of the IPCC reports, which
relied on their contributions.
The panel found nothing wrong with the "trick"
referenced in the controversial e-mail, saying it was a valid technique for
handling the data, which was used to produce a widely seen graph tracking
temperature changes over the last millennium. But the panel criticized the
scientists for not making clear, either in the graph or in its caption, that
they were using that technique. Without the explanation, the panel said, the
graph was "misleading."
The panel's findings, however, haven't drawn as much
attention as the original charges. Tom Hollihan, who
teaches media and politics at the University
of Southern California,
said that isn't unusual.
"The story that sticks is the first story out there
that shapes the conversation," said Hollihan,
who teaches in the university's Annenberg
School for Communication
& Journalism. "The story about a conspiracy to manipulate the data had
a unique appeal to people who are drawn naturally to stories about conspiracies
and being misled. The more you refute them, the more evidence those people see
that the conspiracy is very pervasive."
Ebell and other critics call the
investigations a farce, saying they represent an attempt by the academic
community to defend their own.
Affect on public opinion
"These establishment reports to whitewash this scandal
- they have no credibility," Ebell said.
"It's pretty obvious that they're not independent inquiries, that they
were designed to come up with an exoneration. You need (an investigation with)
people who don't have connections, who haven't written papers with the people
who are accused or served on faculty with them."
How much the scandal affected public opinion isn't clear.
A Gallup
poll released in March found that 48 percent of Americans believe the
seriousness of climate change is usually exaggerated, up from 41 percent in
2009. But other recent polls say a majority of Americans still consider global
warming a major problem and want the federal government to address it.
A survey released in June by Stanford University Professor
Jon Krosnick found that 74 percent of Americans believe
the climate probably grew warmer in the past century. While that figure is down
from 84 percent in 2007, Krosnick attributed the
decline to short-term changes in the weather, not Climategate. Indeed, only 9
percent of the people surveyed had heard about the hacked e-mail messages.
"At the end of the day, I feel people still see what's
happening - they're seeing the heat waves, they're seeing the fires, they know
the ice is thinning," said Sen. Barbara Boxer, D-Calif.
"The last decade, we know, is the warmest on record, and no e-mails are
going to change that."
Still, environmentalists fear that Climategate will make
passing federal global warming legislation, already a difficult task, that much
tougher.
"If members of Congress believe that - because of the
coverage of so-called Climategate - the public is less concerned about the
impacts of global warming, some of the senators who are on the fence may feel
less compelled to vote for legislation that curbs global warming
pollution," said Dan Lashof, director of the
Natural Resources Defense Council's climate center. "That's the real
danger in this."
Return to Top
End Transmission