[House Hearing, 111 Congress]
[From the U.S. Government Publishing Office]



 
   ARE ``SUPERWEEDS'' AN OUTGROWTH OF USDA BIOTECH POLICY? (PART II)

=======================================================================

                                HEARING

                               before the

                    SUBCOMMITTEE ON DOMESTIC POLICY

                                 of the

                         COMMITTEE ON OVERSIGHT
                         AND GOVERNMENT REFORM

                        HOUSE OF REPRESENTATIVES

                     ONE HUNDRED ELEVENTH CONGRESS

                             SECOND SESSION

                               __________

                           SEPTEMBER 30, 2010

                               __________

                           Serial No. 111-160

                               __________

Printed for the use of the Committee on Oversight and Government Reform


         Available via the World Wide Web: http://www.fdsys.gov
                     http://www.oversight.house.gov


   ARE ``SUPERWEEDS'' AN OUTGROWTH OF USDA BIOTECH POLICY? (PART II)





   ARE ``SUPERWEEDS'' AN OUTGROWTH OF USDA BIOTECH POLICY? (PART II)

=======================================================================

                                HEARING

                               before the

                    SUBCOMMITTEE ON DOMESTIC POLICY

                                 of the

                         COMMITTEE ON OVERSIGHT
                         AND GOVERNMENT REFORM

                        HOUSE OF REPRESENTATIVES

                     ONE HUNDRED ELEVENTH CONGRESS

                             SECOND SESSION

                               __________

                           SEPTEMBER 30, 2010

                               __________

                           Serial No. 111-160

                               __________

Printed for the use of the Committee on Oversight and Government Reform


         Available via the World Wide Web: http://www.fdsys.gov
                     http://www.oversight.house.gov



                  U.S. GOVERNMENT PRINTING OFFICE
65-649                    WASHINGTON : 2011
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              COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM

                   EDOLPHUS TOWNS, New York, Chairman
PAUL E. KANJORSKI, Pennsylvania      DARRELL E. ISSA, California
CAROLYN B. MALONEY, New York         DAN BURTON, Indiana
ELIJAH E. CUMMINGS, Maryland         JOHN L. MICA, Florida
DENNIS J. KUCINICH, Ohio             JOHN J. DUNCAN, Jr., Tennessee
JOHN F. TIERNEY, Massachusetts       MICHAEL R. TURNER, Ohio
WM. LACY CLAY, Missouri              LYNN A. WESTMORELAND, Georgia
DIANE E. WATSON, California          PATRICK T. McHENRY, North Carolina
STEPHEN F. LYNCH, Massachusetts      BRIAN P. BILBRAY, California
JIM COOPER, Tennessee                JIM JORDAN, Ohio
GERALD E. CONNOLLY, Virginia         JEFF FLAKE, Arizona
MIKE QUIGLEY, Illinois               JEFF FORTENBERRY, Nebraska
MARCY KAPTUR, Ohio                   JASON CHAFFETZ, Utah
ELEANOR HOLMES NORTON, District of   AARON SCHOCK, Illinois
    Columbia                         BLAINE LUETKEMEYER, Missouri
PATRICK J. KENNEDY, Rhode Island     ANH ``JOSEPH'' CAO, Louisiana
DANNY K. DAVIS, Illinois             BILL SHUSTER, Pennsylvania
CHRIS VAN HOLLEN, Maryland
HENRY CUELLAR, Texas
PAUL W. HODES, New Hampshire
CHRISTOPHER S. MURPHY, Connecticut
PETER WELCH, Vermont
BILL FOSTER, Illinois
JACKIE SPEIER, California
STEVE DRIEHAUS, Ohio
JUDY CHU, California

                      Ron Stroman, Staff Director
                Michael McCarthy, Deputy Staff Director
                      Carla Hultberg, Chief Clerk
                  Larry Brady, Minority Staff Director

                    Subcommittee on Domestic Policy

                   DENNIS J. KUCINICH, Ohio, Chairman
ELIJAH E. CUMMINGS, Maryland         JIM JORDAN, Ohio
JOHN F. TIERNEY, Massachusetts       DAN BURTON, Indiana
DIANE E. WATSON, California          MICHAEL R. TURNER, Ohio
JIM COOPER, Tennessee                JEFF FORTENBERRY, Nebraska
PATRICK J. KENNEDY, Rhode Island     AARON SCHOCK, Illinois
PETER WELCH, Vermont                 ------ ------
BILL FOSTER, Illinois
MARCY KAPTUR, Ohio
                    Jaron R. Bourke, Staff Director


                            C O N T E N T S

                              ----------                              
                                                                   Page
Hearing held on September 30, 2010...............................     1
Statement of:
    Smith, Steve, director of agriculture, Red Gold Tomato; Phil 
      Miller, vice president, global regulatory, Monsanto Co.; 
      Bill Freese, science advisor, Center for Food Safety; and 
      Jay Vroom, CEO, Croplife America...........................    44
        Freese, Bill.............................................    60
        Miller, Phil.............................................    52
        Smith, Steve.............................................     4
        Vroom, Jay...............................................    72
    Wright, Ann, Deputy Under Secretary, U.S. Department of 
      Agriculture; Sid Abel, Assistant Deputy Administrator, 
      Biotechnology Regulatory Service, Animal and Plant Health 
      Inspection Service, U.S. Department of Agriculture; and Jim 
      Jones, Deputy Assistant Administrator, Office of Chemical 
      Safety and Pollution Prevention, U.S. Environmental 
      Protection Agency..........................................     7
        Jones, Jim...............................................    16
        Wright, Ann..............................................     7
Letters, statements, etc., submitted for the record by:
    Freese, Bill, science advisor, Center for Food Safety, 
      prepared statement of......................................    62
    Jones, Jim, Deputy Assistant Administrator, Office of 
      Chemical Safety and Pollution Prevention, U.S. 
      Environmental Protection Agency, prepared statement of.....    18
    Kucinich, Hon. Dennis J., a Representative in Congress from 
      the State of Ohio:
        Fourth declaration of Cindy Smith........................    32
        Prepared statement of....................................     4
    Miller, Phil, vice president, global regulatory, Monsanto 
      Co., prepared statement of.................................    54
    Smith, Steve, director of agriculture, Red Gold Tomato, 
      prepared statement of......................................    46
    Vroom, Jay, CEO, Croplife America:
        Prepared statement of....................................    80
        Report of CropLife Foundation............................    77
        Study dated June 2010....................................    94
        Various photos...........................................    73
    Wright, Ann, Deputy Under Secretary, U.S. Department of 
      Agriculture, prepared statement of.........................    10


   ARE ``SUPERWEEDS'' AN OUTGROWTH OF USDA BIOTECH POLICY? (PART II)

                              ----------                              


                      THURSDAY, SEPTEMBER 30, 2010

                  House of Representatives,
                   subcommittee on Domestic Policy,
              Committee on Oversight and Government Reform,
                                                    Washington, DC.
    The subcommittee met, pursuant to notice, at 2:04 p.m., in 
room 2203, Rayburn House Office Building, Hon. Dennis J. 
Kucinich (chairman of the subcommittee) presiding.
    Present: Representatives Kucinich, Watson, and Towns.
    Staff present: Jaron R. Bourke, staff director; and Justin 
Baker, clerk/policy analyst.
    Mr. Kucinich. Good afternoon. The subcommittee will come to 
order. I want to note that usually we're joined by many Members 
of Congress, but late last night they had a get-out-of-dodge 
moment. And most Members are now back in their home 
constituency, a place that I intend to be in a few hours. But I 
am very pleased that all of you are here for this important 
hearing. The Subcommittee on Domestic Policy on the Committee 
on Oversight and Government Reform is now in order.
    Today's hearing is the second day of the first hearing held 
by Congress to examine the environmental impact of the 
evolution of herbicide-resistant weeds in fields growing 
genetically engineered herbicide resistant crops. But for 
years, farmers have struggled with the impact. Across the 
Midwest and south, farmers growing Roundup Ready soy, corn and 
cotton have been encountering more and more kinds of weeds that 
Roundup herbicide cannot control.
    That weed resistance costs farmers money and causes them to 
resort to more and more toxic pesticides. Please look at the 
monitors for an excerpt from an ABC News segment that ran last 
year. Staff, play that segment.
    [Video shown.]
    Mr. Kucinich. Thank you. What responsibility for preventing 
and lessening the environmental impact of Roundup-resistant 
weeds and the consequent impact on farmers does the Federal 
Government have? Today we will hear from government regulators 
and others on that question. Now without objection, I'm going 
to continue with an opening statement of 5 minutes, any Member 
or witness who wishes to submit a written statement or 
extraneous materials for the record will have 5 legislative 
days to do so, without objection.
    And in our previous hearing in July, we heard from weed 
scientists that Roundup-resistant weeds have infested between 4 
and 11 million acres of prime farmland in the southeast and 
Midwest.
    Mr. Chairman, welcome. This is the chairman of the full 
committee, Mr. Towns. Thank you for being here.
    While a phenomenon of natural selection for herbicide 
resistant--resistance is not new, the acceleration in a number 
of resistant weed species, and especially the infested acreage, 
is new. And it's been caused by the commercialization of 
multiple Roundup-resistant crop systems. In only the last 
decade, eight or nine species of weeds have rapidly evolved 
resistance to Roundup in herbicide resistant crop fields. 
Indeed, Roundup resistance in weeds has been known since the 
year 2000 when Roundup-resistant horseweed, a weed species that 
had not been previously resistant to Roundup, was discovered in 
Roundup-Ready crop fields in Delaware.
    While scientists have validated what farmers were 
discovering in their fields, the Nation's lead regulator of 
genetically engineered crops, the U.S. Department of 
Agriculture, has been looking the other way. Every time a 
pesticide company petitioned the USDA to deregulate a new 
herbicide-tolerant variety of crop, USDA determined that the 
introduction of the new crop would have ``No significant 
impact'' on the farming environment. But recently the 
Department's indifference to the indirect consequences of their 
deregulation of Roundup-resistant crops has caught the 
attention of two Federal District Court judges. They 
independently struck down the USDA's deregulation of Roundup-
Ready alfalfa, and Roundup-Ready sugar beets.
    They found USDA to have unreasonably and arbitrarily 
dismiss the environmental consequences of deregulating 
genetically engineered crops. In one instance, the judge found 
that USDA could produce no written record that it had ever 
considered the impact on farmers. Nevertheless, Roundup-
resistant weeds are hurting farmers. They are imposing $1 
billion in additional weed control costs. They threaten cotton 
growing so profoundly that they've been compared to the boll 
weevil.
    And the solution may be worse than the problem. To combat 
Roundup-resistant weed proliferation, the pesticide industry 
recommends to farmers that they use more and more toxic 
pesticides on newly engineered crops that will be tolerant of 
those more toxic pesticides. That will surely lead to more 
environmental pollution, and, as we shall see, the collateral 
damage of crop destruction, and even more costs to farmers.
    In today's hearing, we will show that the USDA's passivity 
lies in stark contrast to the EPA's active approach in 
preventing pest resistance to genetically engineered crops it 
regulates. We will show that the USDA's legal authority is no 
less broad than EPA's legal authority. However, USDA views its 
broad authority much too narrowly, while EPA used its broad 
authority appropriately.
    Which approach has the better track record? Passive and 
self-constrained, USDA's approach has plainly allowed the 
proliferation of herbicide-resistant weeds. In contrast, EPA's 
record of prevention is a relative success.
    Perhaps we are at a crossroads for USDA's policy of 
passivity toward superweeds, having been reversed by two 
Federal judges with scores of farmers needing relief from the 
cost and consequences of superweeds. And with a new 
administration determining policy at the Department, it may 
finally be the time there for the Department of Agriculture to 
reexamine its approach to the deregulation of the genetically 
engineered crops, and to make a change in policy.
    It should be a change that would help prevent the 
proliferation of herbicide resistant weeds. It should be a 
change that would preserve efficacy of a relatively benign 
herbicide. It should be a change that would deescalate the 
trend to more and more toxic pesticides. It should be a change 
that would pass muster with Federal courts. It should be a 
change that would protect the long-term interest of farmers, 
consumers and the natural environment.
    The chair recognizes the distinguished chair of the full 
committee, Mr. Towns of New York. I appreciate your being here, 
Mr. Towns, and I appreciate the leadership that you provide on 
the full committee.
    [The prepared statement of Hon. Dennis J. Kucinich 
follows:]

[GRAPHIC] [TIFF OMITTED] T5649.001

[GRAPHIC] [TIFF OMITTED] T5649.002

    Mr. Towns. I want to thank you, first of all, for holding 
this hearing. I want to thank the witnesses for being here. And 
I know that you realize the importance of it because the 
Congress is not even in session, and of course this hearing is 
still taking place because of the importance of it. And of 
course, I want to just thank my colleague for moving forward 
with it because, let's face it, this is a very, very important 
hearing and I think that sometimes we forget all about it in 
terms of how important it is in terms of farming and something 
that we sort of pushed aside.
    I think it was Mr. Louis Perry, a cotton grower in Georgia 
whose family has been farming since 1830, told a reporter that 
herbicide resistant pigweed posed a lethal threat to cotton 
farming in Georgia. I mean, it talks about in terms of how 
important it is, so if we don't whip this thing, it's going to 
be like the boll weevil as it was pointed out. Of course, we 
have to make certain that we stay on top of it and stay 
focused.
    I want to thank the gentleman who comes from an urban area 
that understands how important this is and spending time and 
focusing on it. So I want to let you know that from the full 
committee standpoint, we stand ready to support you in every 
way, but I'm happy to know that you're getting the message out, 
because it's important that we do so.
    So again, thank you for taking time to be here even when 
the House is not in session, because you felt it was important 
to continue without cancellation and I want to salute you for 
that. Thank you and I yield back.
    Mr. Kucinich. Thank you very much for being here, Mr. 
Chairman. I want you to know that--well, it's true that I'm in 
a primarily urban area. There are a few small farms in the 
southern part of my district. But I became aware of this, in 
part, through meeting with farmers across the country during 
the time that I was campaigning nationally for the Democratic 
nomination. So I have had the chance to actually be on farms, 
talk to farmers about their concerns about the issues that are 
raised in this hearing today.
    There are no additional opening statements, so our 
subcommittee is going to receive testimony from the witnesses 
before us today. I would like to start by introducing our 
panel. The Honorable Ann Wright, Deputy Under Secretary for 
marketing and regulatory programs at the U.S. Department of 
Agriculture. Previously, she served as senior policy advisor to 
Senate Majority Leader Harry Reid, on Agriculture Committee 
matters. Before joining the staff of Senator Reid, she was a 
lobbyist for Consumer's Union on energy and trade issues. 
Previously she worked with farmers and nonprofit organizations 
at the Sustainable Agriculture Coalition in Washington, DC, and 
served as a policy advisor on agriculture issues for Senator 
Paul Wellstone of Minnesota and Senator Paul Simon of Illinois.
    Mr. Sid Abel, is the assistant deputy administrator for 
biotechnology regulatory service with the U.S. Department of 
Agriculture's Animal and Plant Health Inspection Service. In 
this role, he helps provide oversight of risk-based 
introductions of regulated genetically engineered biotechnology 
crops, as well as conducting and providing oversight of broad 
environmental risk and impact assessments complaint with the 
National Environmental Policy Act.
    Prior to this, he served as the associate director with the 
U.S. Environmental Protection Agency's Office of Pesticide 
Programs. He worked for the EPA in various capacities from 1989 
to 2007. Mr. Abel will not deliver testimony, but will be 
available to answer subcommittee members' questions.
    The Honorable James J. Jones is the principal deputy 
assistant administrator of the EPA's Office of Chemical Safety 
and Pollution Prevention. He is responsible for managing the 
day-to-day operations of the office, which implements the 
Nation's pesticide toxic chemical and pollution prevention 
laws. The Office has an annual budget of over $260 million, 
more than 1,200 employees. From 2003 to 2007 Mr. Jones served 
as a director of the office of pesticide programs. In this role 
he was responsible for the regulation of pesticides in the 
United States with a budget of approximately $150 million and 
815 employees, making it the largest EPA headquarters program 
office. I want to thank each of the witnesses for appearing 
before the subcommittee.
    It is the policy of our Committee on Oversight and 
Government Reform to swear in all witnesses before they 
testify. Now Mr. Able, even though you're not making an opening 
statement, I'm going to ask if you would agree to be sworn 
because your answers to your questions will put your testimony 
on the record. And I would ask that all the witnesses rise.
    [Witnesses sworn.]
    Mr. Kucinich. Let the record reflect that each of the 
witnesses has answered in the affirmative.
    I ask that each witness give an oral summary of his or her 
testimony to keep the summary under 5 minutes in duration. Your 
complete written statement is going to be included in the 
record. So what we want in 5 minutes is to try to get a sense 
of what you want to communicate to this committee. I would like 
to begin with Ann Wright, the first witness on the panel, 
please begin.

    STATEMENTS OF ANN WRIGHT, DEPUTY UNDER SECRETARY, U.S. 
     DEPARTMENT OF AGRICULTURE; SID ABEL, ASSISTANT DEPUTY 
  ADMINISTRATOR, BIOTECHNOLOGY REGULATORY SERVICE, ANIMAL AND 
      PLANT HEALTH INSPECTION SERVICE, U.S. DEPARTMENT OF 
  AGRICULTURE; AND JIM JONES, DEPUTY ASSISTANT ADMINISTRATOR, 
   OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION, U.S. 
                ENVIRONMENTAL PROTECTION AGENCY

                    STATEMENT OF ANN WRIGHT

    Ms. Wright. Thank you, Mr. Chairman and Mr. Chairman. I 
appreciate the opportunity to be here today to discuss USDA's 
biotechnology regulatory programs and the issue of herbicide-
resistant weeds. First, I would like to emphasize that at USDA, 
we support all forms of agriculture, including conventional, 
genetically engineered and organic crops to meet the Nation's 
and world's needs for security, energy production and the 
economic sustainability of farms. All three of those methods of 
production must be strong and viable. As the world population 
increases, the demand for food is growing and the land 
available to farm is shrinking. We need innovative agriculture 
production systems to not only to maintain the competitiveness 
of the United States, but also to fulfill growing food needs. 
Biotechnology is just one tool to address those needs, but it's 
a critical one.
    USDA's role in regulating the products of biotechnology is 
carried out in coordination with EPA and FDA. Through the Plant 
Protection Act, our animal, plant health inspection service 
regulates those products that may pose a plant pest risk, while 
EPA and FDA use their authorities to address the safety of our 
food supply and the safe use of pesticides.
    USDA's biotechnology regulatory program, which has been in 
place since 1986, is rigorous and science based. Since the 
program began we have effectively overseen nearly 30,000 field 
trials at 86,000 locations and deregulated over 75 products. 
While our current biotechnology regulations have been effective 
in insuring the safe introduction of GE organisms, we are 
constantly learning from our experiences, reforming and 
refining our first rate program to protect American agriculture 
and the environment.
    As part of those refinements, we are always looking at ways 
to improve our program. Chief among these is our effort to 
update our biotechnology regulations. USDA is examining the 
policy issue raised in over 66,000 comments that were submitted 
on our proposed regulations, with the goal of better 
positioning the agency to address new challenges while meeting 
current needs. Our biotechnology program has evolved as the 
number of environmental issues to be considered under NEPA has 
grown as well as in response to several NEPA-related lawsuits.
    At the same time, it's important to remember that we have 
made thousands of regulatory decisions without legal challenge, 
and just as important, not one of our plant pest risk 
determinations have been overturned in court.
    You also asked me to discuss how USDA approaches herbicide-
resistant weeds in relation to GE crops. A key point is that 
while the consideration of the herbicide resistance in weeds 
under NEPA informs our decisionmaking, and we are fully 
committed to meeting our NEPA obligations, USDA's biotechnology 
regulatory decisions are ultimately based on plant pest risk, 
consistent with our authority under the Plant Protection Act.
    It is also important to note that the development of 
herbicide resistance among weeds is natural and an evolutionary 
process. It is not exclusively associated with GE crops, and 
that GE crops provide many benefits, such as reduced pesticide 
use and decreased soil erosion thanks to no till farming. And 
we want to preserve those benefits.
    We must also be cognizant that if we limit the use of 
herbicide tolerant crops, farmers will likely have to return to 
older, less environmentally friendly weed control methods.
    Because herbicide resistance is an important issue for the 
agricultural community, USDA has multiple agencies engaged on 
the issue through research and education, as well as 
partnerships with outside groups and other Federal agencies. 
For instance, our National Institutes of Food and Agriculture's 
Competitive Grants Program provided $4.6 million in 2009 
research for the biology of weedy invasive species.
    Further NIFA's extension outreach programs provide the 
connection between scientific research and its application on 
farms, the training sessions, field days and other outreach to 
growers.
    USDA's Agricultural Research Service has nearly $4.4 
million in herbicide resistant weed research in fiscal year 
2010, which is part of $36 million it's dedicating to all weed 
science issues this year. And APHIS is partnered with the EPA 
and the Weed Science Society of America to better understand 
the extent of herbicide resistance in managed ecosystems as 
well as the methods being used to manage herbicide resistance 
in weeds.
    We are fully committed to working with our partners to 
identify potential solutions and alternative techniques to 
address herbicide resistance. This will require a coordinated 
effort by everyone involved, the government, Congress, 
researchers, the agricultural community, technology and crop 
protection companies, and public interest groups. At USDA, we 
are looking at the broader context of herbicide resistance 
beyond just its relation to biotechnology. We look forward to 
working with our partners, including all in Congress. Together 
we are confident that we can find solutions that make sense.
    Mr. Chairman, Mr. Chairman, thank you again for the 
opportunity to testify. I look forward to answering your 
questions.
    [The prepared statement of Ms. Wright follows:]

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    Mr. Kucinich. Thank you. Mr. Jones.

                     STATEMENT OF JIM JONES

    Mr. Jones. Good afternoon, Chairman Kucinich, Chairman 
Towns. I am pleased to appear before you today to discuss the 
Environmental Protection Agency's regulation of transgenic B.t. 
crops, as well as EPA's involvement with the U.S. Department of 
Agriculture and their assessments of the environmental impact 
of herbicide-tolerant crops and herbicide-resistant weeds.
    Under the coordinated framework for the regulation of 
biotechnology, EPA regulates products produced through 
biotechnology that are intended to have a pesticidal effect 
under its authorities under the Federal Insecticide, Fungicide 
and Rodenticide Act, and the Federal, Food, Drug and Cosmetic 
Act.
    EPA first registered a transgenic B.t. crop in 1995. Over 
the past 15 years, B.t. crops have substantially reduced the 
need for growers to apply older, more risky conventional 
chemical pesticides to corn and cotton crops. Because sprayable 
B.t. formulations are naturally derived organic pesticides, 
they are very important to organic farmers. Given the 
importance of this technology to organic agricultural as well 
as the favorable environmental profile of B.t. as a pesticide, 
EPA has, from the very beginning of its regulation of 
transgenic B.t. crops, required registrants to market these 
products with specific mandatory insect-resistant management 
requirements.
    EPA would consider the development of insect resistance to 
B.t. toxins to constitute and adverse effect on the 
environment. These IRM requirements have evolved as the science 
has evolved, and we have altered and tailored the IRM 
requirements to match the latest and most relevant scientific 
data and information.
    The USDA regulates genetically engineered herbicide-
tolerant crops, while EPA regulates the herbicides used on 
these crops. In order to coordinate our reviews in 2001, the 
agencies developed a Memorandum of Understanding that outlined 
the Agency's respective roles. In 2007, responding to increases 
in reported cases of resistance, EPA and USDA held discussions 
on the extent to which herbicide-resistant weeds were occurring 
in the herbicide-tolerant crops. As a result of these 
discussions, the EPA and USDA initiated a project with the Weed 
Science Society of America to develop a comprehensive 
manuscript to better understand the scope of herbicide 
resistance in genetically engineered, and non genetically 
engineered cropping systems. The report is due later this year.
    As glyphosate-resistant weeds have become more widespread 
in herbicide-tolerant crops, technology providers and users 
have become more open to efforts to address herbicide-resistant 
weeds. The support for resistance management from technology 
providers and users has spurred the development of strategies 
to prevent or manage herbicide-resistant weeds in herbicide-
tolerant crops.
    EPA and USDA are working with researchers and professional 
societies to expand resistance management education and promote 
research aimed at increasing the understanding of the best 
practices and strategies for preventing and managing herbicide-
tolerant weeds. EPA is also working with pesticide registrants 
encouraging them to include mechanism of action information on 
herbicide labels. This information is critical to the 
implementation of resistance management plans, which typically 
involve rotation of two herbicides with different mechanism of 
action as a proven strategy for preventing or delaying 
development of resistance.
    Recently, EPA and USDA have reinvigorated our efforts in 
this area to promote resistance management in herbicide-
tolerant crops and preserve this valuable technology. We look 
forward to working with this committee, our fellow agencies, 
our stakeholders in the public, to ensure an environmentally 
and economically healthy country for all Americans. Thank you, 
and I'd be pleased to answer any questions.
    [The prepared statement of Mr. Jones follows:]

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    Mr. Kucinich. Thank you very much. I would like to begin 
the first round of questions with Ms. Wright. As you know, the 
USDA, since they began deregulating Roundup-Ready Corn, Soy And 
cotton, among other genetically engineered herbicide-resistant 
crops in the late 1990's, weed scientists estimate that there 
are up to 11 million acres of American farmland, and a dozen 
species of weeds that have evolved to be resistant to Roundup 
herbicide. The result for farmers has been greatly increased 
cost of weed management, and a probable loss of Roundup as an 
efficacious weed control chemical in large parts of the 
country. Is it the position of the USDA that it could not 
regulate genetically engineered herbicide-resistant crops in 
order to prevent this spread of herbicide-resistant weeds?
    Ms. Wright. Mr. Chairman, USDA recognizes the development 
of herbicide-resistant weeds across the board.
    Mr. Kucinich. What does that mean?
    Ms. Wright. It means that we recognize it as probably the 
No. 1 issue for farmers and ranchers whether they are raising 
crops using biotechnology, or organic, or conventional seed. I 
think we have a number of ways that we're looking at this 
through our active and dedicated research programs that are 
looking at critical national priorities like the sustainable 
production of bioenergy climate change, global food security. 
We continue to see this issue as critical to farmers bottom 
lines.
    And right now, we have confidence in a science-based 
process that regulates in and around our plant protection 
authorities, our statutory commitments are to that act.
    Mr. Kucinich. Well, you know, that's very interesting, but 
the question that I asked is, is it your position that the USDA 
could not regulate genetically engineered herbicide-resistant 
crops in order to prevent the spread of herbicide-resistant 
weeds?
    Ms. Wright. That's correct. Our statutory authority allows 
us to make regulatory decisions based on plant pest risk.
    Mr. Kucinich. Tell me more about that.
    Ms. Wright. Well, what I can tell you is that the plant 
pest risk is determined by--well, I'm going to let----
    Mr. Kucinich. Let me go to Mr. Jones a minute. Mr. Jones, 
the EPA has taken a different position. EPA believed that it 
could regulate one genetically engineered plant variety in 
particular, those containing the B.t. or the Bacillus 
thuringiensis gene in order to prevent the development of pest 
resistance to B.t.; is that correct?
    Mr. Jones. That's correct. We're operating under a 
different statute, in this case, FIFRA.
    Mr. Kucinich. Mr. Jones, I understand the EPA's been 
regulating B.t. crops to prevent pest resistance for about 15 
years. Is there a problem with B.t. resistance in this country 
comparable to the problem of Roundup resistance in weeds?
    Mr. Jones. There is not.
    Mr. Kucinich. Pardon?
    Mr. Jones. No, there is not.
    Mr. Kucinich. Are there 11 million acres of B.t. resistant 
farmland right now?
    Mr. Jones. We're not aware of resistance yet----
    Mr. Kucinich. How many acres of American farmland has been 
infested with B.t. resistant pests?
    Mr. Jones. We're not aware of any. It doesn't mean there 
isn't some.
    Mr. Kucinich. Well, is B.t. still an efficacious pesticide 
in the United States?
    Mr. Jones. It is.
    Mr. Kucinich. Does it concern EPA to learn that weed 
resistance to Roundup is now widely prevalent?
    Mr. Jones. Yes.
    Mr. Kucinich. If so, why?
    Mr. Jones. Glyphosate to Roundup is--has a very favorable, 
as you mentioned in your opening remarks, environmental 
profile. And so it's a compound that we think it's in the 
interests of the environment to have a long commercial life.
    Mr. Kucinich. So your saying that it's because the 
glyphosate is relatively benign?
    Mr. Jones. It has a very favorable environmental profile.
    Mr. Kucinich. Ms. Wright, 11 million acres of infested 
farmland, $1 billion in added weed control costs to farmers. 
The loss of efficacy for a relatively benign pesticide in many 
places, these are some of the consequences of the USDA's 
position that it could not regulate Roundup Ready crops to 
prevent the evolution of resistant weeds.
    Now, Ms. Wright, you say in your written testimony, ``There 
must be a plant pest risk to deny a full deregulation. An 
herbicide resistance does not constitute a plant pest risk.'' 
Now I'm questioning your legal interpretation as to whether 
it's well-founded. Your position is that the sum total of the 
USDA's authority derives from section 411 of the Plant 
Protection Act which gives the Secretary authority to prevent 
the introduction of plant pests.
    But that is not the sum total. The very next section of the 
act, section 412, covers your authority to prevent the spread 
of, ``Noxious weeds.'' Section 412 ``gives the Secretary 
authority to prohibit or restrict . . . the movement . . . of 
any plant . . . if the Secretary determines that the 
prohibition or restriction is necessary to prevent . . . the 
dissemination of a . . . noxious weed within the United 
States,'' from the statute. Now ``noxious weeds'' are defined 
by the statute at 7 U.S.C. section 7702 as, ``Any plant or 
plant product that can directly or indirectly injure or cause 
damage to crops or . . . other interests of agriculture . . . 
or the environment.''
    Ms. Wright, a plain reading of section 412 gives the 
Secretary the broad authority to restrict the use of Roundup-
resistant crops if sound science determines that those 
restrictions are necessary to prevent the spread of Roundup-
resistant noxious weeds. How can you come to Congress and 
insist that effectively that section 412 doesn't even exist?
    Ms. Wright. Well, first let me say that this USDA is very 
committed to looking at all of our programs and policies, and 
ensuring that they are there for all forms of agriculture----
    Mr. Kucinich. I know you're not--this is your first time 
before a committee.
    Ms. Wright. It is.
    Mr. Kucinich. And I do appreciate your being here. I asked 
you a question, and I would like an answer. That was not 
responsive.
    Ms. Wright. We interpret our existing authorities as those 
focused on plant pest risk. Back in March 2009, we issued a set 
of updates to our rules and regulations that expanded our 
authorities into the Noxious Weed Act. We're now looking at 
66,000 comments on those rule updates. This is a new 
administration, we will be taking a close look at the full 
range of comments that came in and be looking very carefully at 
where our authorities are.
    Mr. Kucinich. Are you familiar with section 412 of the act?
    Ms. Wright. No, sir.
    Mr. Kucinich. You're really not? Before the end of this 
hearing, I would like staff to have a copy made of section 412 
of the act and provide it to the witness, because if the 
regulatory agency is not fully familiar with the extent of its 
authority, it may be one of the difficulties we're having here.
    Ms. Wright. I think the Agency is probably very familiar, 
but I personally am not, and I'm sorry.
    Mr. Kucinich. Well, I can understand that it is a new 
administration, and that you're new, and you do have a very 
good reputation where you come from. But I think it's important 
that you become familiarized with the act and with the sections 
that I articulate, particularly section 412, which actually 
does change the role of your agency and your office to 
effectively regulate herbicide-resistant weeds. If you--I'll 
take you at your word that you're not familiar with it.
    But what I glean from that, since you are not familiar with 
it, you can't point to any provision of the Plant Protection 
Act that would deny the USDA the ability to use the authority 
of the section to prevent the spread of Roundup-resistant 
weeds.
    I think it's clear from your testimony that the USDA's 
position is not too much a legal judgment as is a statement of 
policy. And that it's been the policy of the USDA not to use 
the authority that it does have under section 412, it's just 
very clear. I just want to make this statement to you as the 
chairman of this oversight subcommittee that a plain reading of 
section 412 makes it obvious that if the Agency wants to become 
involved in the enforcement of herbicide-resistant weeds, that 
it could do it, that you do have the statutory authority to do 
it, and that it's a policy question.
    Now you may not be the person who makes the final call on 
that, but somebody all the way up to--the ladder at Agriculture 
is making that call, and this subcommittee's determined to see 
the statute enforced.
    Now, Ms. Wright I know that the Department understands at 
this point, that the problem of superweeds is a crisis. What I 
don't understand, and what defies comprehension is this: That 
the Department does have the legal ability to help farmers deal 
with the crisis, and to prevent it from worsening, and that the 
USDA has not made a policy, a decision to use this authority or 
has made a policy decision not to use it. Do you have anything 
further that you can tell this subcommittee? You will read the 
statute?
    Ms. Wright. Thank you. Yes, I promise to fully read the 
statute and I would like to say--and thank you for the 
opportunity to address this problem and to address the entire 
issue of coexistence. We're going to have to have a full slate 
of partners at the table looking at this, including Congress, 
as well as technical service providers, other Federal agencies, 
regulated entities and public interest groups. And together, I 
think, we will be able to solve this problem, including 
growers, it's not one that--as well as the markets, it's not 
one that exclusively rests on our shoulders.
    Mr. Kucinich. Ms. Wright, I want to draw attention to the 
Department's view that it currently has authority to regulate 
future planting of GE crops through administrative action. The 
Department outlined three such actions in a court filing from 
July of this year. I move to insert into the record the fourth 
declaration of the APHIS administrator Cindy Smith.
    [The information referred to follows:]

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    Mr. Kucinich. My question, Ms. Wright, is this: Is it also 
the Department's view that it could, by means of any of those 
administrative actions, place requirements on a permitted 
planning of GE herbicide-tolerant crops to prevent the 
proliferation of herbicide-resistant weeds.
    Ms. Wright. In both the case of GE alfalfa as well as GE 
sugar beets there are currently formal petitions before the 
agency for us to look at ways to partially deregulate these.
    Mr. Kucinich. So that's a yes?
    Ms. Wright. We're in the process of looking at that.
    Mr. Kucinich. So that's a yes?
    Ms. Wright. So the industry has come to us and asked us to 
look at that options.
    Mr. Kucinich. So is this consistent with the testimony that 
has been given in court?
    Ms. Wright. Yes.
    Mr. Kucinich. You found expansive authority to devise three 
administrative actions allowing to you approve large scale 
planting under a permit system. What is the basis? Do you 
have----
    Ms. Wright. No, sir. The industry came to us and asked us 
to look at partial deregulation as one way to allow the 
planting of a GE crop.
    Mr. Kucinich. Are you talking about the cases that were 
struck down by Federal district courts?
    Ms. Wright. Yes, sir.
    Mr. Kucinich. That was at the request of the industry, 
right?
    Ms. Wright. Yes.
    Mr. Kucinich. OK. What's the--I'm still trying to figure 
out the basis for your view here today that a permit system 
which the GE crop would remain a regulated article and 
nevertheless not permit to you to place requirement on planting 
and preventing the spread of Roundup resistance in weeds.
    Ms. Wright. Unless we determined there a plant pest risk, 
we do not have it that expansive authority.
    Mr. Kucinich. So you're still stuck on one section of the 
act and haven't read the other.
    Ms. Wright, isn't it true that the Department has had under 
development, a new biotechnology rule and that the rule was 
also under development during the previous administration?
    Ms. Wright. Yes.
    Mr. Kucinich. OK. And with the change in administration, 
can this Congress expect to see any differences in the 
Department's approach to herbicide-resistant weeds and the rule 
you're now working on.
    Ms. Wright. I can tell you that we're having internal 
discussions about our policies, and around coexistence, and 
that we just honestly cannot afford to look at options and 
alternatives that are not supportive of various cropping 
systems, including biotechnology, organic and conventional. 
They all play a very critical role in the health of our rural 
economy and in our agricultural economy.
    Mr. Kucinich. I know that was in your opening statement. I 
heard that. But it's not responsive to the question I asked.
    Ms. Wright. Can you ask your question again? Will you 
please restate your question?
    Mr. Kucinich. There has been a change in administrations, 
can we expect to see any difference in the Department's 
approach to herbicide-resistant weeds in the rule that you're 
now working on?
    Ms. Wright. I think we're looking at all--a lot of options, 
and we're going back and looking, considering the comments that 
were submitted. We're internally having discussions across the 
Department. We have a Secretary and an administration that's 
very committed to the idea of addressing the issues of 
coexistence, and that's as much as I can say today.
    Mr. Kucinich. See the thing that I'm concerned about--and I 
am really trying to give you the benefit of the doubt on what 
you're saying, the thing that I'm concerned about, is that when 
you go back to your talking points, you actually inadvertently 
shut the door on consideration of the science and experience 
that's been brought forward through the EPA's enforcement 
through the practical experience of farmers, through the NRC 
report. And so I'm trying to--because it's important that we 
understand--you've made it clear that the policy, you know, 
what the policy is, you haven't extended that to a legal 
interpretation, but if you're just saying well, you know, we 
have different ways of supporting agriculture, we're going to 
try to support them all.
    But if you rest on that and don't go deeply into expressing 
to this subcommittee a concern that the extent to which 
herbicide-resistant weeds may represent an attack on the rights 
of farmers, the economic rights of farmers, the environment, if 
you don't articulate that, it causes me to pause.
    Ms. Wright. Well--out of all due respect, I would say that 
it's not that we don't recognize this as a bottom line issue 
for farmers and ranchers----
    Mr. Kucinich. It's what?
    Ms. Wright. It's not that we don't recognize this as a 
critical issue for farmers and ranchers, but I think this 
administration and USDA see biotechnology as being a very 
important tool for farmers to use in addressing some very 
critical issues, globally and here domestically. And all of the 
options that we look at have to be supportive of that, they 
have to encourage and support innovation in a smart way.
    Mr. Kucinich. Do they look the other way if there is a 
problem?
    Ms. Wright. No, I don't think so. We take our NEPA process 
and documents very seriously. In fact, the Secretary just 
approved a reorganization of our BRS services, we have a whole 
team, a new team, a whole program dedicated to NEPA now. We 
have a budget increase request before Congress for 2011, fiscal 
year 2011 of $5.8 million to hire new scientists. We take these 
issues very seriously. And as we learn more about the 
environmental impacts of this technology, we try to adjust and 
we try to make our rules and regulations.
    Mr. Kucinich. Just out of curiosity, you think--genetic--
you just talked about the importance of biotechnology, is it 
your view, personally, that genetically engineered crops are 
the functional equivalent of conventional crops?
    Ms. Wright. Well, I'm not prepared to reflect on that.
    Mr. Kucinich. OK, that's fine. For the last couple of 
decades, the EPA and the USDA had pledged in various Memoranda 
of Understanding to promote integrated pest management. One of 
the key objectives of integrated pest management is preserving 
the efficacy of relatively benign pesticides and preventing 
herbicide resistance in weeds. Now I move to insert into the 
record one such Memorandum of Understanding from 2001.
    Now, to the EPA, I want to address this question, does it 
concern the EPA from the perspective of integrated pest 
management that more and more acres of farmland are showing 
signs of infestation by Roundup-resistant weeds?
    Mr. Jones. Yes, it does.
    Mr. Kucinich. Now, in general, isn't proliferation of 
Roundup-resistant weeds across millions of acres of farmland a 
setback for integrated pest management?
    Mr. Jones. Sure.
    Mr. Kucinich. And to the USDA, does the USDA agree with the 
EPA that from the perspective of integrated pest management to 
widespread infestation of Roundup-resistant weeds constitutes a 
setback?
    Ms. Wright. I'm sorry, can you please repeat that?
    Mr. Kucinich. Does the USDA agree with the EPA, which just 
responded yes, that the proliferation of Roundup-resistant 
weeds across millions of acres of farmland is a setback for 
integrated pest management. I asked you, do you agree with the 
EPA from the perspective of integrated pest management, the 
widespread infestation of Roundup resistance weeds constitutes 
a setback?
    Ms. Wright. Possibly, yes.
    Mr. Kucinich. Mr. Jones, in communication with the majority 
staff, the EPA has stated that the USDA did solicit EPA's input 
in its Environmental Impact Statement for Roundup Ready 
Alfalfa, but as we've already seen, the Environmental Impact 
Statement will not consider any measures for preventing the 
spread of Roundup-resistant weeds.
    USDA testified that EPA raised no objection to their draft 
environmental impact strategy on alfalfa, which USDA 
characterizes as meaning, ``The EPA had no concerns.''
    Is that a complete representation of EPA's comments to USDA 
on the Roundup-Ready Alfalfa Environmental Impact Statement?
    Mr. Jones. Chairman, to be fair to my colleagues at USDA--
--
    Mr. Kucinich. I'm asking you to answer the question, not to 
be fair, but to answer the question.
    Mr. Jones. The answer to the question is that an Agency's 
formal response that went through our office of Federal 
activities, we did not raise the issue of insects--I'm sorry, 
herbicide resistance. In informal conversations, when we've had 
a number of them, and they continue to this day.
    Mr. Kucinich. So you did raise a concern about weed 
resistance management; is that right?
    Mr. Jones. That's correct.
    Mr. Kucinich. Now Ms. Wright, this is somewhat at a 
variance with your written testimony. And contrary to that, 
does the USDA now acknowledge that the EPA did, in fact, 
express concern about the weed resistance management issue in 
the alfalfa Environmental Impact Statement?
    Ms. Wright. Yes, we did.
    Mr. Kucinich. Mr. Jones, did USDA ever ask EPA to offer its 
expertise in preventing pest resistance in the context of the 
USDA's preparation of an environmental impact statement for 
deregulating GE alfalfa?
    Mr. Jones. Once we raise the concerns that we have 
identified through informal mechanisms that led to an ongoing 
dialog between USDA and EPA to address those, and so----
    Mr. Kucinich. Did they ask you to offer your expertise?
    Mr. Jones. That is correct.
    Mr. Kucinich. What did they ask you to do?
    Mr. Jones. When we raised our--we raised some issues 
associated with resistance management, and as it was 
characterized in EIS. And the Department said to us, you've 
raised some very good points, let's talk about that, we want to 
understand this better. And those conversations continue, as I 
said, to this day, and I believe will continue until we feel 
like we're on the same page on that issue.
    Mr. Kucinich. Well, given the scientific verification of 
the rapid spread of Roundup-resistant weeds, do you think it 
might be justifiable for the EPA and the USDA to revisit the 
question in preparation for the final environmental impact 
statement for Roundup Ready Alfalfa, Mr. Jones?
    Mr. Jones. I believe that's what we're doing right now.
    Mr. Kucinich. And to Ms. Wright, given the EPA's successful 
effort thus far in preventing the Bacillus thuringiensis 
resistance in pests, wouldn't it make sense for the USDA to 
want to utilize the EPA's expertise to help regulatory means to 
prevent and mitigate Roundup resistance in weeds?
    Ms. Wright. Yes. And if it's OK with you, I'd like to ask 
Sid Abel to address more of the specifics around how we are 
working with EPA.
    Mr. Kucinich. He's sworn, he can do that.
    Mr. Abel. We are--right now we're working very directly at 
the staff level with our partners at the EPA to address 
specifically the issue of glyphosate tolerance among weeds. We 
agree, both with EPA and with other parts of our Federal 
partners, that this is a serious issue for farmers. It's also a 
serious issue for the technology. We see that this is a very 
favorable compound to be used in controlling weeds, and to 
preserve that technology is very important to us. So we've 
entered into these discussions with EPA at the staff level with 
the Weed Science Society of America, and with others, 
universities and extension agents to get a better handle on the 
extent to which glyphosate tolerance is occurring out there, 
not just in GE crops, but also in conventional crops. We 
believe that by going through this process, we'll be able to 
put forward some strategies for managing these crops in a way 
to preserve these technologies into the future.
    Mr. Kucinich. Have you read section 412 of the act?
    Mr. Abel. It has been a while, but yes, sir, I have.
    Mr. Kucinich. Would you read it again?
    Mr. Abel. Yes, I would.
    Mr. Kucinich. I want to thank the members of this panel for 
participating in this important discussion. And this committee 
will continue to retain jurisdiction over this matter, which 
means that there will be more hearings.
    We are very interested in the policies of the USDA as it 
affects the environment, farmers. And I'm grateful for your 
presence here today and for the EPA's continuing work in this 
area as well.
    The first panel is dismissed and I'm going to call the 
second panel to come forward, and we will begin the second 
panel in a couple of minutes as soon as you're all in place.
    I am going to read the introductions at this moment while 
staff is getting set up. I want to welcome to this subcommittee 
Congresswoman Diane Watson, Ambassador Watson from California, 
for gracing this hearing.
    We have here today Mr. Steve Smith. Mr. Smith, welcome. Mr. 
Smith is director of agriculture at Red Gold, Inc., the largest 
privately-held canned tomato processor in the country. In his 
position he works closely with their growers in Indiana, Ohio 
and Michigan. He is co-chair for Red Gold's new sustainability 
initiative and serves on the Sysco Corp.'s national 
sustainability advisory board. Mr. Smith has served on the 
Purdue University dean of agriculture advisory board, the board 
of directors of the Mid-America Agriculture and Horticultural 
Services, as director of the American Fruit and Vegetables 
Processor and Grower's Coalition, and as an inaugural member of 
the Indiana Department of Agriculture advisory board. Thank you 
for being here.
    Dr. Phil Miller currently serves as a vice president in the 
Monsanto Co. He leads the regulatory group which is responsible 
for the development of health and safety research on new 
agricultural and biotech products, global regulatory approvals, 
product safety defense, and management of numerous key 
scientific and regulatory issues. Dr. Miller joined Monsanto in 
1994 and has held numerous roles in chemical discovery in 
biotechnology research and development. Some key roles include 
director of biotechnology, crop enhancement and crop genomics 
research, and Monsanto's Sirius Research Collaboration League.
    Thank you for being here, sir.
    Next is Mr. Bill Freese who is science policy analyst with 
the Center for Food Safety, a D.C.-based nonprofit group. Mr. 
Freese has written and lectured extensively on the science 
regulation and societal implications of agricultural 
biotechnology for over a decade. In 2004 he coauthored a peer-
reviewed scientific paper on common myths about U.S. regulation 
of genetically engineered crops. Mr. Freese is a frequently 
quoted expert on agriculture biotechnology in the mainstream 
media as well as the scientific press. He has reviewed and 
critiqued numerous petitions for deregulation of herbicide-
resistant crops, the subject of today's hearing.
    Finally, Mr. Jay Vroom, who is president and chief 
executive officer of CropLife America, the largest national 
trade organization representing developers, manufacturers, 
formulators, and distributors of agricultural pesticides across 
the United States. Mr. Vroom has held his position since 1989. 
Previously Mr. Vroom served as executive vice president and 
chief executive officer of National Fertilizers Solutions 
Association in St. Louis, Missouri. He began his professional 
career on the staff of the Fertilizer Institute.
    As with the previous panel, I want to make you aware that 
it is the policy of the Committee on Oversight and Government 
Reform to swear in all witnesses before they testify. I ask 
that you gentlemen rise and raise your right hands.
    [Witnesses sworn.]
    Mr. Kucinich. Let the record reflect that each of the 
witnesses has answered in the affirmative.
    I would now ask that each witness give an oral summary of 
your testimony. I would ask that you keep the summary under 5 
minutes. And I remind you that your entire written statement 
will be included in the record of the hearing and will be 
distributed to the members of this committee as well as to the 
media. We are going to begin with Mr. Smith. You are the first 
witness. I would ask you to proceed.

 STATEMENTS OF STEVE SMITH, DIRECTOR OF AGRICULTURE, RED GOLD 
    TOMATO; PHIL MILLER, VICE PRESIDENT, GLOBAL REGULATORY, 
  MONSANTO CO.; BILL FREESE, SCIENCE ADVISOR, CENTER FOR FOOD 
          SAFETY; AND JAY VROOM, CEO, CROPLIFE AMERICA

                    STATEMENT OF STEVE SMITH

    Mr. Smith. Thank you, Chairman Kucinich, and members of the 
Domestic Policy Subcommittee. I thank you for the opportunity 
to present to you some important concerns about the pending 
release of dicamba-resistant soybeans.
    My name is Steve Smith, director of agriculture for Red 
Gold, the largest privately-held canned tomato processor in the 
United States. Red Gold is based in Indiana and has three 
processing facilities. Our tomatoes are grown by 54 family 
farming operations in Indiana, Ohio, and Michigan.
    Our concerns about the upcoming increased use of dicamba 
are not just about tomatoes but all fruit and vegetable crops 
and rural homeowners living near local farms. The use of 
dicamba is not new. It is effective, it is a great weed killer, 
and it is economical to apply. So many may be wondering why a 
product that is effective, proven, and economical is not the 
No. 1 herbicide in use today. The answer is simple: dicamba has 
also proven itself to move off target and injure adjoining 
crops, so it is not currently widely used.
    New technology is good and needs to be pursued, but must be 
examined for unintended consequences. At one time the 
conventional wisdom thought it was a good idea to use lead in 
paint. The theory of dicamba-tolerant soybeans might appear 
sound on the surface--the ability to kill weeds is proven--but 
the potential damage to other sectors of agriculture and rural 
homeowners demands that we take a closer look at this 
particular advance.
    When put in the spotlight, the answer will become 
abundantly clear: The widespread use of dicamba is incompatible 
with Midwestern agriculture. dicamba is highly vulnerable to 
offsite movement in three forms: direct drift, volatilization, 
and spray-tank contamination.
    You would think that the risk of direct drift could be 
completely controlled by good management practices such as 
spraying in little or no wind or when the wind was blowing away 
from sensitive crops such as tomatoes. But unfortunately, that 
is not always the case. Red Gold has suffered over $1 million 
in drift claims over the last 4 years. A reduced application 
window has forced otherwise good farmers to spray on windy days 
when they know they shouldn't.
    But I want to focus on volatilization because it is the 
real issue that makes dicamba a danger to Midwestern 
agriculture. Volatilization occurs when the active ingredient 
evaporates and then can be moved with the surrounding air mass 
for up to 4 days after application; and its killing 
capabilities can spread up to 2 miles or more in certain 
geographic areas such as in a valley.
    Even the best farmer, the most conscientious farmers can't 
control or predict what will happen for up to 4 days after 
application. Ironically, the very conditions that minimize 
direct drift actually maximize volatilization: little or no 
wind, high temperatures, and high humidity--normal conditions 
for when this product is applied in June and July.
    A good neighbor that awakens early in the morning to spray 
before the winds pick up would be at the highest risk of 
causing volatilization injury.
    In other testimony offered, we learn that new formulations 
of dicamba will reduce the risk of volatilization. We believe 
those claims to be overly optimistic as even the newest 
formulations are still proven to move off target. It simply is 
impossible to control or predict its movement. The science is 
clear and settled in regard to dicamba's susceptibility to off-
target movement due to volatilility.
    If, as you might hear from others, the risks of off-target 
movement of dicamba due to volatilization are low and can be 
controlled through improved product stewardship and 
formulations, it only makes sense that those who will profit 
from the sale of this seed technology and the makers of dicamba 
should willingly step up to the plate and establish an 
indemnity fund to cover crop losses and homeowners' claims for 
damages.
    If they are unwilling to cover potential losses, is this an 
admission that the safety of this technology is not as safe as 
we have been led to believe? The Midwest is the home to a 
unique system of family farms that are known as the bread 
basket of the world. The introduction of dicamba-tolerant 
soybeans is a classic case of shortsighted enthusiasm over a 
new technology, putting this region at unneeded risk, and 
blinding us to the reality of damage that is sure to come.
    Even the best, the most conscientious farmers cannot 
control where this weed killer will end up. Increased dicamba 
usage made possible through the introduction of dicamba-
tolerant soybeans is poor public policy and should not be 
allowed.
    Thank you for the opportunity to present my concerns to you 
today. I will be happy to answer any questions you might have 
concerning this topic.
    Mr. Kucinich. Thank you, Mr. Smith.
    [The prepared statement of Mr. Smith follows:]

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    Mr. Kucinich. Mr. Miller, please proceed.

                    STATEMENT OF PHIL MILLER

    Mr. Miller. Chairman Kucinich and members of the 
subcommittee, thank you for inviting me to testify on matters 
relating to modern agricultural technology.
    I work at Monsanto whose only focus is agriculture. I spent 
much of my youth in a small agricultural community in Lawrence 
County, Illinois, where I had the privilege of helping my 
grandfather on his farm. I also have a farm in Nebraska. 
Through my experiences, I have a great appreciation for what 
the American farmer has and can achieve with the right tools 
and a willingness to adopt new technologies and practices.
    I currently serve as vice president of regulatory, with 
more than 500 scientists in my organization, and it is 
responsible for the global product approval and stewardship.
    The topic of today's hearing is an important one. The world 
population is growing. In the next 40 years or so, there will 
be 9 billion people on our planet. That is 3 billion more 
people that will show up to the dinner table, and many will 
want to use the foods we have grown up with. To put it in 
context, that is the equivalent of three more Chinas. The 
challenge is: How do we do it using fewer resources?
    Farmers are increasingly being asked to produce more with 
less, and helping to do this is what Monsanto is all about. Our 
company has a commitment to sustainable agriculture. We will do 
our part to help farmers double yield in the core crops of 
corn, cotton, and soybeans between 2000 and 2030, while 
producing each bushel or bale with one-third fewer resources.
    Just as important, in doing so we will help farmers earn 
more, and improve the lives of their families and rural 
communities globally. Agricultural innovation has provided 
farmers with improved agronomic practices, advances in 
breeding, and novel traits through modern biotechnology, which 
increases yield and profits.
    In 1996, the Roundup Ready system was first introduced into 
soybeans. The Roundup Ready system was attractive to farmers 
because it offered superior crop safety and the use of a 
familiar and proven herbicide that controls more than 300 
weeds. In Roundup Ready Soybeans, glyphosate sprayed after the 
crop's weeds emerge provide a level of weed control and ease of 
use that surpasses other options.
    Importantly, in addition to the benefits provided in weed 
control, the Roundup Ready system has made the adoption of 
conservation tillage practices feasible. Conservation tillage 
contributes to the long-term sustainability of farming 
practices.
    Before the Roundup Ready system was introduced, the 
environmental benefits of conservation tillage were documented, 
but adoption by growers had been limited. The broad enrollment 
in conservation tillage due to the Roundup Ready system has led 
to the reduction and extensive plowing and tillage which has 
significantly reduced the loss of topsoil due to erosion, 
improved soil structure, reduced runoff of sediment and 
fertilizer, reduced on-farm fuel use, reduced CO50 
emissions, and increased carbon sequestration in the soil.
    Controlling weeds is paramount in maintaining and improving 
crop productivity. Unlike insects and diseases which occur in 
some years and not others, weeds occur in crops every year. 
Experts recommend using multiple herbicides to provide more 
than one mechanism of action. Applying multiple mechanisms of 
action reduces the likelihood of a resistant weed population 
developing because there is a low probability that a particular 
weed within a population would have resistance to both 
mechanisms of action.
    In addition, farmers may choose to use mechanical or 
cultural techniques in addition to or in place of herbicides. 
The specific program employed would depend on the farmer's 
choice and the best management practices on his or her farm.
    Monsanto has shared interest with farmers in effective weed 
management. The proactive adoption of best management practices 
based on the principle of diversity in weed management will 
improve weed control, help ensure that conservation tillage 
systems are sustainable, and that the yield, economic, and 
environmental benefits are fully realized.
    As I stated at the beginning of my remarks, Monsanto's only 
focus is agriculture. If farmers don't succeed, Monsanto 
doesn't succeed. That is why as we bring new technology to the 
market, we value growers' input, such as Mr. Smith who is here 
today, who we have invited and has become a member of our 
dicamba advisory council. We are committed to invest and 
develop seed and trait systems to provide farmers with 
effective, affordable, convenient and sustainable agricultural 
solutions, including weed control.
    Thank you, Mr. Chairman, for your time and attention today. 
I look forward to answering your questions.
    Mr. Kucinich. Thank you for your testimony.
    [The prepared statement of Mr. Miller follows:]

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    Mr. Kucinich. Mr. Freese.

                    STATEMENT OF BILL FREESE

    Mr. Freese. Yes. Chairman Kucinich and members of the 
subcommittee, thank you for inviting me here today to testify. 
I would just like to preference my remarks quickly to respond 
to something Ms. Wright and Mr. Miller just said about world 
hunger and productivity.
    Actually, the subject here, Roundup Ready crops, do not 
have higher yields. That is a myth. It is basically designed to 
save time and save labor and help farmers get bigger. Also, 
there is an increase in pesticide use with these crops, 
actually quite substantial, not a decrease. And the 
conservation tillage benefits that Mr. Miller mentioned, 
conservation tillage was mostly adopted before the introduction 
of these Roundup Ready crops.
    Just as Roundup Ready crops were being introduced in 1997, 
Monsanto scientists published a paper in which they presented 
all of the reasons weeds were not likely to evolve resistance 
to glyphosate. It is not the first time they have been wrong, 
and they turned out to be disastrously wrong. As discussed in 
part 1 of this hearing in July, unregulated use of these crop 
systems has triggered an epidemic of glyphosate-resistant 
weeds, and it fostered sharp increases in herbicide use, 
greater use of soil-eroding tillage operations, and is 
substantially raising weed control costs for ever-more growers.
    Now Monsanto and other pesticide firms assure us that 
multiple herbicide-resistant weeds are the solution to 
glyphosate-resistant weeds.
    Dupont, for instance, even envisions a single crop 
resistant to seven or more different classes of herbicides. 
There are hundreds of millions of dollars being invested in 
resistance genes to just about every herbicide imaginable, 
including paraquat, for instance, and about half of the GE 
crops pending deregulation at USDA right now are herbicide-
resistant.
    We shouldn't let ourselves be misled again. These new 
herbicide-resistant crops are the wrong response to glyphosate-
resistant weeds. Just very briefly, and I can go into detail in 
questions if you would like, but one reason is that they simply 
won't work. At best we will get a short-term reprieve until 
nature cleverly evolves resistance to the new and multiple 
herbicides deployed against them.
    Second, farmers will pay in multiple ways through 
increasingly expensive biotech seeds and the multiple herbicide 
cocktails that come with them, and through crop damage, as 
Steve mentioned, or through purchasing the HR seed in order to 
defend oneself against drift.
    Third, both public health and the environment will suffer 
from a substantially increased use of toxic herbicides such as 
2,4-D and dicamba.
    Finally, this new wave of crops diverts attention from 
truly sustainable weed control practices, which I would like to 
get to in a moment.
    I think it is very clear that the glyphosate-resistant weed 
epidemic is a symptom of regulatory breakdown. We have USDA 
which regulates an herbicide-resistant crop, and the EPA the 
herbicide; but no one regulates the combination, the herbicide-
resistant crop, the herbicide system. And it is the system, the 
continual use of a herbicide, glyphosate on Roundup Ready 
crops, that is responsible for the growing epidemic of 
resistant weeds. This system has been presented to farmers as 
self-contained, two component, seed and Roundup, and that is 
the way it has been used. I am tired of people blaming farmers 
for this.
    When a Federal district court judge reversed APHIS's 
deregulation of Roundup Ready alfalfa, he underscored APHIS's 
failure to examine glyphosate use. APHIS now gives purely pro 
forma attention to herbicide use in their regulatory reviews, 
and even this minimal treatment is grossly inadequate.
    APHIS, for instance, dismissed analysis of herbicide use of 
Roundup Ready crops in the Roundup Ready draft and 
Environmental Impact Statement that relied on gold-standard 
data from its sister agency, the National Agricultural 
Statistic Service, and in its place it used bogus data from 
simulations conducted by pesticide industry-funded groups, like 
the National Center for Food and Agriculture Policy and PG 
Economics.
    In other cases, USDA cited completely irrelevant data that 
was 10 years old or more, no relevance. APHIS also ignored 
research by scientists from USDA's Agricultural Research 
Service and others that point to potentially increased disease 
susceptibility in Roundup-treated, Roundup Ready crops. And, 
unfortunately, USDA does not require testing of Roundup Ready 
crops to which Roundup has been applied, which is the 
invariable practice of farmers. In view of the growing evidence 
of disease, possible disease susceptibility issues, that is 
inexcusable.
    I would just like to say USDA should definitely follow the 
lead of the EPA. The successful insect resistant management 
program could be followed by USDA. And I don't buy Ms. Wright's 
protestations that USDA doesn't have authority. The noxious 
weed provisions of the Plant Protection Action clearly gives 
them authority to regulate practices that foster noxious weeds, 
and that is exactly what these Roundup Ready systems are.
    Mr. Kucinich. I thank the gentleman for his testimony. As I 
said, your entire testimony will be included in the record of 
this hearing. I am sure that we will get back to you with some 
questions. Thank you very much.
    [The prepared statement of Mr. Freese follows:]

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    Mr. Kucinich. Mr. Vroom.

                     STATEMENT OF JAY VROOM

    Mr. Vroom. Thank you, Chairman Kucinich and Congresswoman 
Watson, for allowing me to come and provide testimony today on 
behalf of the crop protection industry and CropLife America. 
Thank you for introducing me earlier.
    In addition to my role as CEO of our trade association, I 
also have an Illinois farm background and happen to still own 
the family farm that I was reared on.
    I happen to have been in Illinois twice in the last 6 
weeks. Six weeks ago I stopped to take a look at one of the 
fields that is now being operated by my cousin. It was planted 
this year in Roundup Ready Soybeans. It was planted as a no-
till crop, and Mr. Chairman, I would love to share this 
photograph. There are three of them here. I am most proud of 
this particular view, because it shows this field in the 
direction in which a terrace that my father installed as a 
charter member of our Bureau County, IL, soil and water 
conservation district, one of the first terraces installed in 
the country, to provide then the cutting-edge technology for 
soil conservation at that time.
    I remember as a youth hand-weeding and hand-cultivating 
with mechanical means fields of soybeans and other crops on 
this very field, and we were not able to control the soil 
erosion as we can today with the Roundup Ready technology. If I 
can pass this up and maybe ask your staff to share that with 
you.
    Mr. Kucinich. We will include it in the record. Without 
objection, so ordered.
    [The information referred to follows:]

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    Mr. Vroom. Thank you.
    So conservation tillage is an important component of the 
introduction of biotechnology.
    I also have a report by our Crop Protection Research 
Institute that illustrates on page 2 a graph of introduction of 
modern biotechnology and then the takeoff of the adoption of 
conservation tillage in this country. It has made a meaningful 
difference, and I believe there are clear USDA statistics to 
that effect.
    Mr. Kucinich. Without objection, that will be included in 
the record of the hearing.
    [The information referred to follows:]

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    Mr. Vroom. Thank you.
    My experience, and I just talked to my cousin who was 
combining soybeans this morning, he assured me that he was 
aware of weed resistance and he has taken steps to manage it on 
this particular field, and we know that we don't have the most 
severe weed-resistance problems with regard to glyphosate 
situations, as are apparent in some of those 11 million acres 
that you refer to.
    Our industry, along with USDA--and unfortunately Ms. Wright 
probably didn't have adequate time or background to explain to 
you the full resources the USDA brings to bear with regard to 
helping farmers manage weed resistance in both biotechnology 
crops and elsewhere. Extension, our industry scientists, crop 
consultants that are private individuals, crop input retailers, 
all have a stake in all of this and we have a marvelous system 
to help farmers manage these issues. But we do appreciate the 
fact that you have an interest in examining the regulatory 
authority of the agencies that are charged with overseeing 
these technologies, and we look forward to working with you as 
you give consideration to ways to have oversight and 
consideration of these matters.
    Last, I would just tell you that our industry has formed a 
herbicide resistance action committee. It is a global entity 
that CropLife and our partner associations around the world are 
involved with, and it provides a mechanism for the common 
research that herbicide companies engage in with regard to 
helping to stay ahead of the curve and ensure that we can 
manage herbicide resistance in both biotechnology-enhanced 
crops and conventional crops as well.
    So we believe that we do have a system in place that allows 
us to continue to manage these issues. We understand the 
particular media attention that has been given to herbicide 
resistance in biotechnology crops, but we believe that we have 
an adequate system, and we appreciate the attention that you 
will continue to provide to this issue.
    Mr. Kucinich. Thank you very much, Mr. Vroom.
    [The prepared statement of Mr. Vroom follows:]

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    Mr. Kucinich. I just want to assure you that we provided 
Ms. Wright with as much time as she needs to be able to answer 
this committee's questions, and we will continue to do that.
    Let's go to questions of this second panel.
    Mr. Miller, with Monsanto's 100 percent focus, as you have 
said, on agriculture, I am wondering who is responsible for the 
proliferation of weeds and weed species that have become 
Roundup-resistant since the introduction of Roundup Ready crop 
systems?
    Mr. Miller. Thank you, Mr. Chairman. As I mentioned 
earlier, if our farmers are not successful, we are not 
successful, and we take this matter very seriously.
    I would say herbicide-tolerant weeds is not a new thing. It 
is something we have had to manage in the industry as well as 
with university weed scientists and farmers in how they run 
their operations on their farm. So we invest a lot in the 
science of weed resistance and understanding that and providing 
technical solutions to growers along with others. That is 
really our focus.
    Mr. Kucinich. I don't know if you have testified before a 
congressional committee, and all committees are different.
    Mr. Miller. No, sir.
    Mr. Kucinich. I am the kind of chairman that when I ask a 
question, I would like to get a direct answer.
    Would you tell me who is responsible for the proliferation 
of weeds and weed species that have become Roundup-resistant 
since the introduction of Roundup Ready crop systems?
    Mr. Miller. I think weeds that are resistant to glyphosate 
are the responsibility of industry, government, weed sciences, 
as well as farmers, to properly steward the product.
    Mr. Kucinich. So industry--you are part of the industry 
with Monsanto. The USDA is part of that system. There is a 
responsibility there. There is a whole feedback loop here, you 
are saying; right?
    Mr. Miller. I think there is a feedback loop, but this is a 
herbicide issue, and I believe herbicides are regulated under 
the Environmental Protection Agency.
    Mr. Kucinich. It is encouraging that you have stated that 
industry has a responsibility here. But you also stated that 
government has a responsibility as a regulatory authority, did 
you not?
    Mr. Miller. Mr. Chairman, I believe that our regulatory 
agencies have clear responsibilities to demonstrate and prove 
the safety in use of these products.
    Mr. Kucinich. Thank you. Let me direct your attention to 
this ad circulated before 2005. This is Monsanto, Mr. Miller, 
in this ad, telling farmers to use more and more Roundup and to 
use it exclusively to control weeds. That was just 5 years ago. 
And it was also 5 years after Roundup-resistant horseweed was 
discovered in Roundup Ready crop yields in Delaware.
    Mr. Miller, help us out here. Isn't it true if farmers 
followed Monsanto's advice conveyed in this ad, that they would 
have Roundup-resistant weeds in their fields today?
    Mr. Miller. Mr. Chairman, weed resistance is caused by many 
factors. Prior to 2005, and many systems that we developed and 
co-developed with the university weed science academics and the 
Weed Science Society of America--and, by the way, I believe one 
of those academics was actually referenced in that ad just 
reflecting on a picture I saw--the recommendation was that 
glyphosate had a low probability of developing resistance, and 
our recommendation was to utilize that in the system.
    But in cases where we have begun to discover there are 
resistant weeds, we have done a lot of training, education with 
growers, retailers, and other in the industry to recommend 
multiple modes of actions into our cropping systems.
    Mr. Kucinich. I am going to ask staff to copy this and give 
you a copy. Have you read this? Just look at it. I'm not trying 
to trap you here, because I believe in having a conversation. 
It says no benefit in rotating glyphosate. No benefit.
    Can you explain that to me in light of what you said a 
moment ago? Take your time. When you are ready to answer, go 
ahead. If you want to rephrase anything for the record, you can 
do that, too.
    Mr. Miller. Actually, I would like to read the 
recommendation as stated by Monsanto in this particular 
article.
    In many Midwest cropping systems, agronomic conditions and 
cultural practice are conducive to preemergent application, an 
herbicide that is not glyphosate, so one mode of action, 
followed by Roundup agriculture herbicides, or a tank mix of 
residual, two different modes of action, agricultural herbicide 
before weeds exceed 4 inches.
    So this particular ad does actually steward two growers, 
and I am responding to the title, ``No Benefit from Rotating 
Glyphosate,'' was the fact that you use multiple modes of 
action in your system, and if you use a Roundup Ready crop in 
the same field the next year, and you steward it properly by 
using multiple modes of action, there is no need to change your 
overall cropping system.
    Mr. Kucinich. This is your ad. It says, no benefit in 
rotating glyphosate, as you just read.
    Now, I showed the same ad and asked the same question to a 
prominent weed scientist who testified at our previous hearing. 
I am sure that somebody in your organization read that 
testimony. He was the author of the weed chapter of the 
National Research Council's report published in April.
    Do you want to guess what his response was to the question 
of whether farmers would have Roundup-resistant weeds in their 
fields today if they followed the advice that was conveyed in 
Monsanto's ads? What do you think his answer was?
    Mr. Miller. Chairman Kucinich, I wouldn't want to speculate 
on that.
    Mr. Kucinich. OK. That is fine. It is recommended reading 
for you. His answer was ``yes.''
    Mr. Miller, why was the discovery of Roundup-resistant 
horseweed as early as the year 2000 not sufficient evidence of 
Roundup resistance in weeds to move Monsanto to change its 
advice to farmers?
    Mr. Miller. Congressman, first of all, I will go back to if 
our growers are not successful, we are not successful. So as we 
actually had the evidence of the first resistant weeds, we 
actually enabled university research, our own research, to 
understand the mechanism of that resistance.
    The second thing that we did was enlisted those regional 
university extension agents to help us develop what the 
recommendation for the grower was in order to keep their 
farming operations successful. Once we had that identified, we 
actually went out and did significant training with producers, 
often recommending our competitor's product as part of the 
solution to ensure that the farmer has a weed-free field.
    Mr. Kucinich. Let me just share something with you. About 5 
hours ago, I was in a full committee hearing with Johnson & 
Johnson looking at how they let two different products enter 
the market, one of which had potential serious health 
consequences for consumers. And one of these drugs, they sent 
in phantom purchasers to get the drug back. There was active 
concealment going on.
    The thing that strikes me that you said about if your 
customers are not successful, you are not successful. You said 
that earlier in your testimony. I actually wrote it down here. 
If farmers don't succeed, Monsanto does not succeed. It is 
eerily similar almost to the words except changing ``Johnson & 
Johnson'' to ``Monsanto'' to the testimony of the CEO of 
Johnson & Johnson. That is the reason I am calling it to your 
attention. I don't question your background. You have a 
tremendous background and you are certainly qualified to 
testify before this subcommittee. There is no question about 
that. You represent Monsanto well.
    The question I have is the aspirational expressions that 
you make on behalf of Monsanto do not square with the 
experiential elements of the use of this crop. That is kind of 
where we are going with this. I am not condemning you; I just 
want to say that there is some difficulty in squaring this.
    Now, Mr. Freese, is it true that Roundup-resistant weeds 
was a development that took everyone, including Monsanto, by 
surprise? Or was it a foreseen danger?
    Mr. Freese. I think it was mixed. I know there were some 
weed scientists who thought there wouldn't be resistance 
evolving, but others predicted it.
    Mr. Kucinich. Some were surprised?
    Mr. Freese. Yes.
    Mr. Kucinich. What about you?
    Mr. Freese. I wasn't following the issue at the time.
    Mr. Kucinich. But you have a 1980 report; isn't that right?
    Mr. Freese. A 1990 report, yes, by some colleagues in the 
public interest community called ``Biotechnologies: Bitter 
Harvest.'' It is a very searching and comprehensive report on 
what at that time was still an experimental technology. 1990, 
this was 6 years before the introduction of the first Roundup 
Ready crop--in this report the scientists clearly see huge 
potential for development of herbicide-resistant weeds, and 
particularly with this technology.
    There was a 1996 report by Consumers Union, another 
consumer group.
    Mr. Kucinich. So you are saying that scientists did see the 
potential for herbicide-resistant weeds. Which scientists are 
you talking about?
    Mr. Freese. This report was written by Dr. Rebecca Goldberg 
with Environmental Defense Fund; and Jane Rissler, who is now 
with Union of Concerned Scientists; and Hope Shand and Chuck 
Hassebrook.
    Mr. Kucinich. What year was that?
    Mr. Freese. 1990.
    Mr. Kucinich. Mr. Miller, you have been with Monsanto since 
1994, right?
    Mr. Miller. That is correct.
    Mr. Kucinich. I actually took notes during your testimony, 
and you said in your testimony that Monsanto has 500 scientists 
who work for the company. Did you say that?
    Mr. Miller. Actually, sir, my statement was that in my 
regulatory group there are 500 scientists. There are over a 
couple of thousand scientists in our company.
    Mr. Kucinich. That is even more impressive. A couple 
thousand scientists. Do you have any knowledge within the 
sphere of your activities in the regulatory group of any 
reports that were brought to you expressing concerns about 
herbicide-resistant crops?
    Mr. Miller. I was not in that responsibility at that time. 
But I can say----
    Mr. Kucinich. When did you come into that responsibility?
    Mr. Miller. Just in the last 6 months, sir. But I have been 
in the company 16 years as a researcher. I can share with you 
that I think it is even documented in literature that with the 
Roundup or glyphosate tolerance, we stated there was a 
possibility. We said it was a low probability.
    And I would say anytime we develop any of our products, as 
I mentioned earlier, including with Mr. Smith here, before we 
develop them, we actually create forums to understand the data 
that is out there and the concerns that exist, and take that 
into consideration as we develop our safe products.
    Mr. Kucinich. What I would like to do, and I want to direct 
the subcommittee staff here to work with Mr. Miller in gaining 
access to the studies that were done by the scientists at 
Monsanto with respect to herbicide-resistant weeds, because 
what we can do here is to be able to identify the progress that 
has been made through this scientific research with the 500 
scientists who are working for you and perhaps thousands of 
scientists who are working with Monsanto.
    So we will produce from this hearing a followup request for 
documents so that we can enable a better understanding of 
Monsanto's awareness of this. I would appreciate your 
cooperation.
    Mr. Miller. Mr. Chairman, I will be happy to work with you 
on that request.
    Ms. Watson. Mr. Chairman, can you yield just 2 minutes to 
me? I have another subcommittee hearing.
    Mr. Kucinich. I am pleased to yield to the gentlelady at 
this moment. I was going to yield 10 minutes to you. If you 
need 10 minutes, you can have it now.
    Ms. Watson. Thank you. I won't use all of that time. I am 
very interested in this subject matter, because just recently 
they announced that there is a new salmon that is going to be 
on the market that has been, shall I say, biologically bred to 
grow larger, and you might recall some of the advertisements in 
the last few days.
    We are questioning whether that will have an impact on 
humans once they consume that salmon. And so I was listening 
very closely to see if Monsanto or other companies like you 
test the environmental impact of these new--what you are 
working with is an herbicide--but do you test first to see what 
the impact will be on the environment. Or does it grow?
    The chair is asking for you to kind of document what was 
done prior to putting it on the market, and I am wondering how 
far do you go putting these products out there before you test 
their effect on the environment?
    Mr. Miller. Would you like me to answer that?
    Ms. Watson. Yes.
    Mr. Miller. OK. You know, I am very proud of the process 
that we use both to validate the value that we bring to 
growers, as well as the safety of our products. As you know, 
the products that we have put out on the market , if it is a 
chemistry, it is EPA. Biotech, it could be EPA, USDA, FDA. All 
of those go through thorough health and safety assessments both 
internally in our organization as well as with those agencies.
    Often we have other third parties that look into that, 
because at the end of the day, we want to ensure the health and 
safety, and we believe that system has worked extremely well.
    Ms. Watson. What do you feel you have to do now in light of 
this, the findings that this superweed is so strong that it 
doesn't react to whatever you have out there to try to kill it? 
It is going to have an impact, and it is going to have a 
financial impact certainly on the farmers and all.
    And so what do you see that needs to be done? We are the 
subcommittee of oversight. What is it that we can do within 
this process to guarantee that people won't be harmed, crops 
won't be harmed? What needs to be done? What are we missing?
    Mr. Miller. Chairman Watson, I am not sure I can address 
the question of what we are missing, but I can address what we 
are doing. I think this is being taken very seriously by 
Monsanto, as well as other technology providers in the 
industry. I think it is being taken extremely seriously by weed 
scientists. And as was mentioned by Jay earlier, our growers 
take this very seriously, even before they have weed-resistance 
issues. What we are doing about it, we have invested well over 
$30 million in just the last 5 years.
    Mr. Kucinich. If the gentleman would suspend. Ms. Wright, I 
just want to put it on the record that Ms. Wright did stay for 
most of the testimony because that doesn't always happen, and I 
want to thank you for your presence here and for listening to 
the witnesses' testimony and questions. Thank you very much. I 
just wanted to put that on the record.
    If you are ready to continue, you may. Thank you.
    Mr. Miller. Yes. So we are putting significant research, as 
well as working with those local academics to help come up with 
best recommendation for farmers.
    Two things that I want to bring out. There are glyphosate-
resistant weeds, but there are still greater than 290 weeds 
that do not have resistance, so this is still a hugely 
available tool to growers, and they acknowledge that every time 
I go out and visit with them.
    I am not going to diminish the fact that if one of the 
weeds is resistant to glyphosate, that there needs to be a 
control option provided for that grower, and we actually have 
spent a lot of time, even with the ad that was shown earlier, 
working on that particular species of weed. There are control 
options available on the market, and we are helping growers be 
trained on how to use that in their agricultural systems.
    Ms. Watson. I am really concerned about the consumer side 
of all of these new products that are out there, and so we are 
going back and the chair is asking that we have some 
documentation so that we can guarantee that we who have the 
oversight have done all we can to ensure that these products 
will not have a negative effect on whatever it is, and on 
consumers. So we are just probing right now to see what our 
responsibilities are.
    And if you are looking at evaluating the environmental 
impacts of your product, I want to say thank you so much. That 
is what I would like to know. And I am sure that the chair has 
also asked for that information.
    With that, I will wait to see it. As we probe in this area, 
Mr. Chairman, I want to be a partner with you.
    I am really concerned about that new--does anybody remember 
seeing the information on television? If so, put your hand up. 
I want to know about this salmon that is going to be three or 
four times the size of any normally grown salmon. If we are to 
consume it, what is the impact going to be on our digestive 
systems with this larger salmon?
    So in all good faith, we are just asking you to let us know 
what we need to look at so we can protect the consumers.
    Thank you very much.
    Mr. Kucinich. I thank the gentlewoman for her questions. 
The subcommittee is also looking at the issues with respect to 
genetically engineered salmon.
    I want to say, when the gentlelady asked the question, What 
are we missing, she was actually inviting Mr. Miller to help us 
in our probe here. But I would say this; that we look forward 
to cooperating with you, that cooperation through information 
that brings us to a level of comfort that the public interest 
is being protected. And in pursuit of the public interest, we 
try not to miss too much.
    Mr. Miller, you have heard testimony today about concerns 
that your dicamba/Roundup-tolerant soybean will cause 
collateral injury to fruit and vegetable farmers, and I would 
add, even backyard gardeners. That is essentially what Mr. 
Smith was testifying to. Your testimony, in fact, acknowledges 
concerns.
    Now, in the event that an injury should materialize, 
apropos of a question Mr. Smith raised, who would be liable for 
the economic costs to the affected farmers? Would it be 
Monsanto or another party?
    Mr. Miller. Mr. Chairman, you know, I am not an attorney.
    Mr. Kucinich. I am not either. I just play one on TV.
    Mr. Miller. I don't believe I can answer that. We would be 
happy to followup with you later at the appropriate time when 
we have that information.
    Mr. Kucinich. I will accept you are not an attorney and you 
don't want to answer a question that gets you, excuse the 
expression, into the weeds about the legal implications of this 
policy. But I would say that we would seek to entertain that 
discussion with Monsanto attorneys, because this is one of the 
questions that is being raised here. You have a product, if it 
has some adverse effect on certain people, there are some 
questions of liability.
    I am not asking you to accept liability here. I know what 
your limitations are as a witness at this moment. You made that 
clear.
    But let me ask you this: Do you think it is correct to 
classify the injury fruit and vegetable farmers fear from the 
use of the dicamba soybean system as an indirect cost of the 
development of Roundup resistance in weeds?
    Mr. Miller. Mr. Chairman, I am not sure that I follow your 
question. I would appreciate if you could restate it.
    Mr. Kucinich. Well, you have Roundup resistance in weeds 
that is showing up. Farmers are concerned, and some farmers 
have expressed that there has been an injury to their fruits 
and vegetables. You have sold this dicamba soybean system. If 
the farmers are experiencing this loss, isn't that loss 
essentially an off-loading of expense, an indirect cost of the 
development of Roundup resistance in weeds?
    Mr. Miller. You know, we are 5 years away from introducing 
dicamba/Roundup Ready soybeans into the market. So as we bring 
these forward--and it takes us well over a decade from the time 
we begin to develop these products until we launch it--5 years 
before the launch, we actually set up a dicamba grower or 
dicamba advisory council, including many of the producers in 
the fruit, vineyard, and tomato industry.
    And by the way, as Monsanto, we are one of the largest 
vegetable seed producers in the world. Tomato customers in that 
business are some of our biggest customers. And as I mentioned 
earlier, we care about our customers' success.
    Our focus is to continue to bring weed-free cropping 
systems to our producers in corn, soybean, and cotton, as well 
as serve the interest of those fruit and vegetable producers. 
We have a significant amount of research going on, with their 
input, to ensure when that product comes on the market it is 
successfully implemented.
    Mr. Kucinich. Do you have legal counsel here with you?
    Mr. Miller. Yes, I do.
    Mr. Kucinich. Would counsel identify himself, please?
    Mr. Sopko. John Sopko of Akin Gump.
    Mr. Kucinich. OK. Actually, I know you gave an answer. You 
didn't answer the question; but if I pressed you to answer the 
question, I know counsel would advise you not to, so I will 
move on.
    Mr. Freese, can you answer the question I asked about do 
you think it is correct to classify the injury fruit and 
vegetable farmers fear from the use of the dicamba soybean 
system as an indirect cost of the development of Roundup 
resistance in weeds?
    Mr. Freese. I think that is very good way to describe it. 
The way that the Roundup Ready crop system is used and is meant 
to be used, I would say it has led to some pretty massive weed 
resistance. Unfortunately, the way we approach weeds in this 
country is so completely focused, so completely focused on 
using pesticides, that a new herbicide-resistant crop, 
resistance to different herbicides, seems to be the only thing 
that a lot of our companies and even the USDA takes seriously. 
In fact, there are many very viable, nonchemical ways to 
control weeds.
    Mr. Kucinich. I am going to go back to Mr. Smith here, 
because you are in touch with a base of people about these 
products. You have testified, and I am quoting from your 
testimony, ``The widespread use of dicamba is incompatible with 
Midwestern agriculture.''
    Mr. Smith. Yes, sir.
    Mr. Kucinich. I am from Ohio. I hear that. How significant 
is the risk of injury to fruit and vegetable farmers and 
processors from planting the dicamba soybean in Indiana farm 
fields, and do you have any estimate of potential cost?
    Mr. Smith. We are working on providing an estimate of that 
through a study with Purdue University at this time.
    Mr. Kucinich. Would you produce that to the subcommittee 
when that is done?
    Mr. Smith. Yes.
    Mr. Kucinich. You testified, ``Increased dicamba usage, 
made possible through the introduction of dicamba-tolerant 
soybeans, is poor public policy and shouldn't be allowed.''
    Is there is a technological fix to the collateral harm you 
foresee occurring, such as having Monsanto develop dicamba-
resistant fruit trees, melons, peas and tomatoes; is that the 
path we should take?
    Mr. Smith. From a consumer standpoint, that is a path we 
cannot take.
    Mr. Kucinich. Why?
    Mr. Smith. There is consumer resistance to the consumption 
of genetically modified crops.
    Mr. Kucinich. Why?
    Mr. Smith. I am not an expert to answer that.
    Mr. Kucinich. You don't have to answer.
    Mr. Miller, your testimony explains that the dicamba/
Roundup soybean is designed to ``give growers more weed control 
options.'' It sounds somewhat artful. It sounds like an artful 
way of saying that farmers can't rely on Roundup to control 
weeds anymore, so they now need to use another pesticide.
    Is it your belief, Mr. Miller, that the best solution to 
Roundup resistance in weeds is a farmer using another 
pesticide?
    Mr. Miller. I would say my belief, a broad array of 
university scientists, other industry scientists, the Weed 
Science Society of America, believes that adding multiple modes 
of action into an agricultural production system is good 
agricultural practice, Mr. Chairman.
    Mr. Kucinich. Thank you.
    Mr. Freese, is the only or best way to control weeds after 
Roundup resistance has set in more and more chemicals and new 
chemical-tolerant crops?
    Mr. Freese. I think that is actually a very dangerous path 
to take.
    Mr. Kucinich. Why?
    Mr. Freese. We are learning lots of new things about weed 
resistance, and new mechanisms are being discovered all of the 
time.
    Mr. Kucinich. Why is it dangerous? You used the word 
``dangerous.'' What do you mean?
    Mr. Freese. I think it is dangerous because it is going to 
lead to greater resistance down the line.
    Mr. Kucinich. How do you know that?
    Mr. Freese. Because what we have seen is an increase in 
multiple herbicide-resistant weeds already.
    Mr. Kucinich. So you use more chemicals. And we had 
testimony earlier from Ann Wright about the evolution of crops 
that contain herbicide resistance generally, right?
    Mr. Freese. Yes. So, for instance, in the eighties and 
nineties, a popular class of herbicides was called the ALS 
inhibitor.
    Mr. Kucinich. And ALS stands for?
    Mr. Freese. Acetolactate synthase. And they generated a 
huge expanse of herbicide-resistant weeds, and those resistant 
weeds were one reason farmers adopted Roundup Ready crops. Now 
we are getting weed populations that are resistant to both 
herbicides.
    In Missouri and Illinois, we have weed populations 
resistant to three and four different herbicides.
    Mr. Kucinich. For those who are not initiated, what are the 
implications of that? Draw out for us the practical 
implications that this scenario that you envision happening as 
a result of your scientific background--tell us where we are 
going.
    Mr. Freese. Well, we are headed toward more pesticide use, 
for one thing. That is pretty clear. At the last superweed 
hearing, one of the weed scientists spoke on the order of a 70 
percent increase in 2,4-D and dicamba use soon after the 
introduction of the 2,4-D and dicamba-resistant soybeans.
    Mr. Kucinich. What happens then?
    Mr. Freese. One thing is you have greater levels of these 
residues of these herbicides on the crop. A little-known fact 
about herbicide-resistant crops is the companies seek increases 
in what are called tolerances, the maximum allowable residue of 
the pesticide on the crop. We have seen that repeatedly with 
Roundup Ready, greatly increased glyphosate tolerances each 
time a new Roundup Ready crop is approved.
    Now, it is very troublesome when we think about that with 
more toxic herbicides like 2,4-D and dicamba, both of which 
have been linked to cancer in pesticide applicators and 
farmers. 2,4-D is a likely endocrine disrupter; that is, a 
disrupter of our hormone systems which are so important in 
controlling our development, our reproductive system, and our 
metabolism.
    EPA was supposed to start looking at endocrine effects on 
all of our pesticides in 1998, but hasn't been funded to do 
that, and so it is only just now getting started.
    Mr. Kucinich. Are there any weed scientists to recommend an 
approach other than Monsanto's preference for dealing with weed 
resistance to their product Roundup.
    Mr. Freese. Can you restate that?
    Mr. Kucinich. Is there another approach that weed 
scientists would recommend in dealing with this problem of 
resistance?
    Mr. Freese. Yeah, and as a matter of fact, it's quite 
interesting because there is a technique that's long been used 
by organic growers, but also conventional growers. It involves 
planting winter cover crops. And basically it just--it means 
after harvest of the main crop, you can plant a cereal like 
rye, or a legume like hairy vetch or clover. And this cover 
crop grows in the fall, and then more in the spring, and it 
holds the soil, and it also absorbs excess nitrogen and 
phosphorous fertilizer. And then in the spring, it's killed off 
and forms a thick mat into which you can plant your main crop, 
that mat suppresses weeds physically. Sometimes the cover crop 
also releases chemicals that inhibit the growth of weeds. It's 
a very, very beneficial practice, because again, it's 
effective--it effectively suppresses weeds and provides 
multiple other benefits as well.
    Mr. Kucinich. All right. I want to thank you for answering 
that. Did you want to add something, Mr. Vroom?
    Mr. Vroom. Yes, Mr. Chairman. So we've delved into a lot of 
detail, but one important broad category of differentiation 
among weed control with regard to crop protection products is 
whether the chemistry is used after the weeds emerge, are 
sprayed on to the weeds, or it's applied to the soil as a pre-
emergent control product.
    The ALS herbicide Mr. Freese is talking about are pre-
emergent products, they are applied to the soil before the crop 
is planted. And so the--while the registrants for those 
chemicals that are pre-emergent products oftentimes do have 
protective tolerance levels, should some tiny amount be left in 
the soil and then get into the crop plant, there's virtually no 
evidence of residual in the actual crop from those kinds of 
products that are applied by the farmers.
    So big difference there between the technologies that all 
herbicides aren't applied the same way. And again, I think we 
come back to the industry, farmers, the USDA and the extension 
are all looking at redeploying a lot of old technologies--I'm 
certain that Monsanto and others have already reinvented some 
of the formulation technologies so that it can be better 
managed than it was when that particular product was more 
prominently used.
    And so it's all part of the solution, and I think what 
you're drawing out here is that we all have to work together, 
reinvent old products, because we also have evidence, and I've 
got a study here that I would also like to ask you to consider 
submitting into the record by----
    Mr. Kucinich. You can submit it.
    [The information referred to follows:]

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    Mr. Vroom. McDougal organization that shows that in the 
decade of the 1980's and 1990's, our crop protection companies 
were able to discover and bring to market more than 50 new 
herbicide products. In the decade of the 2000's, that number 
has dropped to 38. And so it's just a reminder that while our 
research goes on, we found the ease to discover and most broad 
spectrum efficacious herbicides, and now we're needing--now 
we're looking for things that are much more targeted and the 
need to reinvent the older products that are proven safe that 
can be reformulated and applied by farmers in different ways. 
Thank you.
    Mr. Kucinich. Thank you very much. I would just like to say 
in response to the point that you raise something that's 
obvious, that we're really probing here into cause and effect. 
Some causal chains begin in nature. With biotechnology and 
genetic engineering, some causal chains begin in the 
laboratory. So we just are trying to find out which way things 
are going here, and doing the best we can.
    Mr. Vroom. Thank you.
    Mr. Kucinich. Thank you for being here. I want to thank 
each of the witnesses. You've given this subcommittee 
additional information; we'll continue to seek more. We're 
going to do it in a dispassionate way. Just try to gather 
information so that we can recommend policies that would be in 
the best interest of all parties concerned.
    I do take note of Mr. Miller's testimony that government 
does have a role to play, it's not only the industry that's the 
question here, and I appreciate that you raise that.
    So without any further testimony, this is the Domestic 
Policy Subcommittee of Oversight and Government Reform. The 
subject of today's hearing ``Are `Superweeds' an Outgrowth of 
USDA Biotech Policy?'' This is the second part of this hearing.
    The subcommittee will continue to retain jurisdiction over 
this matter. I want to thank the staff for its presence here 
today and its participation in helping to structure this 
hearing. There being no--and thank the witnesses certainly. 
There being no further businesses before this subcommittee, 
this subcommittee stands adjourned. Thank you.
    [Whereupon, at 4:08 p.m., the subcommittee was adjourned.]
    [Additional information submitted for the hearing record 
follows:]

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