WAshington, DC
November 26, 2007
USDA assesses The Scotts
Company, LLC $500,000 civil penalty
The U.S. Department of
Agriculture's Animal and Plant Health Inspection Service
(APHIS) has concluded an investigation into alleged compliance
infractions by The Scotts
Company, LLC. The investigation related to regulated
genetically engineered glyphosate-tolerant creeping bentgrass.
Under today's settlement agreement, Scotts has agreed to pay a
civil penalty of $500,000 which is the maximum penalty allowed
by the Plant Protection Act of 2000. This is a severe civil
penalty and underscores USDA's strong commitment to compliance
with its regulations.
"USDA takes compliance with its biotechnology regulations very
seriously," said Bruce Knight, under secretary for marketing and
regulatory programs. "Compliance is, and will always be, our
highest priority and we will continue our rigorous oversight of
regulated genetically engineered plants."
APHIS entered into this settlement agreement with Scotts to
resolve allegations that the company failed to comply with
performance standards and permit conditions for field trials of
glyphosate-tolerant creeping bentgrass and improperly moved
genetically engineered grass seed. Scotts already has
implemented measures to comply with performance standards and
permit conditions related to these allegations.
In addition, APHIS alleges that Scotts failed to conduct a 2003
Oregon field trial in a manner which ensured that neither
glyphosate-tolerant creeping bentgrass nor its offspring would
persist in the environment. Scotts currently is taking
monitoring and mitigation actions in Oregon to locate and remove
the regulated genetically engineered material that was
accidentally released during the 2003 field trial. These actions
were required by APHIS beginning in 2004 to address past
allegations that Scotts failed to notify APHIS of the 2003
accidental release. The current allegations address the ongoing
persistence in the environment related to the accidental release
of the regulated genetically engineered glyphosate-tolerant
creeping bentgrass.
Also, as part of the 2007 settlement agreement, within one year
Scotts will conduct three public workshops for other potential
developers of genetically engineered plants and other interested
parties. These workshops will focus on best management practices
and technical guidance on the identification and prompt
resolution of biotechnology compliance incidents.
Best management practices will be a major focus of APHIS'
biotechnology quality management system which is scheduled for
implementation in spring 2008. APHIS will encourage all
genetically engineered developers--including universities, small
businesses and large companies--to participate in the
biotechnology quality management system. The goal of the
voluntary program is to help developers establish policies and
quality control practices that proactively address potential
issues before they materialize.
Creeping bentgrass is a perennial grass used largely for golf
course greens, tees and fairways. Scotts' creeping bent grass is
genetically engineered to be tolerant to the herbicide
glyphosate. Scotts field tested glyphosate-tolerant creeping
bentgrass, under APHIS authorization, in various locations
across the United States.
APHIS oversees the development and introduction through
importation, interstate movement and environmental release of
genetically engineered organisms. USDA is committed to ensuring
safety in the oversight of field tests and movements involving
regulated genetically engineered organisms.
Additional information about the Biotechnology Quality
Management System is available at
http://www.aphis.usda.gov/.
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