Regulating the Regulators: The Increased Role for the Federal Judiciary in Monitoring the Debate over Genetically Modified Crops

Abstract

I. INTRODUCTION II. DEVELOPMENT OF GENETICALLY ENGINEERED CROPS IN AMERICA III. REGULATORY AGENCY STRUCTURE A. The United States Department of Agriculture B. The Environmental Protection Agency C. The Food and Drug Administration D. An Incomplete Framework IV. CAUSE FOR CONCERN A. StarLink Corn B. Other Incidents' Of Contamination V. CENTER FOR FOOD SAFETY V. JOHANNS AND THE ROAD TO COME A. APHIS' Disregard of its Statutory Duties B. The Effect of Center for Food Safety VI. MOVING FORWARD I. INTRODUCTION Tom Latham comes home to his wife, Jackie, and his four-year old daughter, Riley. It was a miserable day at work, but all of the stress disappears once Tom sees his family and realizes that it is his favorite night of the week, taco night. They sit down to dinner and the family shares their stories of the day over some excellent food. After dinner, Tom relaxes on the couch and turns on the news. In the first story, the anchorman informs the viewers, brand taco shells are being pulled from the shelves today after it was discovered that corn that was only approved for use in animal feed found its way into Kraft's Taco shells. Officials say that the corn's effects on humans are unknown. Tom gets up, walks into the kitchen, and sure enough a box is sitting on the counter with Bell printed across it. Tom immediately becomes worried about the safety of his wife and young daughter. He wonders, How could unapproved food have ended up on the market? Isn't someone supposed to be regulating this stuff? (1) As technology continues to advance, there is a growing public debate about the safety risks and potential adverse health effects that could stem from the use of to alter crops. (2) There are various conflicting definitions of the term (3) For the purposes of this Note, the term biotechnology will be used interchangeably with the terms genetic engineering (GE) and genetically modified (GM), both of which refer to the [p]rocess by which DNA from one or more organisms is inserted into the material of a second organism so that the second organism (host) expresses new traits. (4) While there has been considerable public concern over the effects of altered crops on humans and the environment, the United States government has written off concerns about and continues to promote its application to crops. (5) Among potential consequences from using to alter opponents fear that these new plant varieties, or Frankenfoods as dubbed by some critics, (6) will produce allergens and result in insect immunities to pesticide. (7) Moreover, these critics fear that GM crops cultivated for pharmaceutical purposes, also known as crops, will cross-pollinate with plants intended for food crops and thereby contaminate whole harvests. (8) Were biopharmed crops to contaminate food it could yield disastrous economic and public health consequences. (9) If lucky, contaminated products would be quickly detected and destroyed. (10) However, if not discovered before distribution, products that are unapproved for human consumption and contain unknown effects on the human body could enter the food supply. (11) The United States would likely face floods of complaints from people claiming adverse health effects from consuming biopharmed crops and crop bans by nations that are concerned about biopharmed crops' effects on humans. (12) This is not to say that adverse health and environmental effects will necessarily follow from the use of biotechnology. Many altered crops may ultimately have enormous benefits and no social costs. (13) Amongst potential benefits, proponents of GE cite the potential for increased crop yields, reduced necessity for pesticides, more efficient farming practices, and increased shelf life of foods. …