USDA - APHIS - Biotechnology

Roundup Ready Alfalfa History

On May 3, 2007 the judge issued a permanent order in a lawsuit concerning genetically engineered (GE) alfalfa. The permanent order stated that the alfalfa is once again a regulated article, requiring an APHIS permit for future plantings. Future harvesting or sale of alfalfa already planted will be allowed under certain conditions. APHIS must issue an administrative order describing the conditions within 45 days. Within 30 days, Forage Genetics must supply all known alfalfa seed production locations for public disclosure.

On March 23, 2007 APHIS published in the Federal Register a notice that the Agency will return to regulated status alfalfa lines J101 and J163 that are genetically engineered by the Monsanto Company and Forage Genetics International to be tolerant to the herbicide glyphosate. APHIS is taking this action due to a California U.S. District Court decision on February 13, to vacate APHIS' June 2005 determination of nonregulated status of the alfalfa lines.

The court made its decision in response to a lawsuit filed by the Center for Food Safety --along with several other nonprofit organizations and alfalfa growers--challenging APHIS' decision to deregulate the alfalfa lines (referred to as Roundup Ready alfalfa). The court ruled that the deregulation may have significant environmental impacts that require the preparation of an environmental impact statement (EIS), and that APHIS violated the National Environmental Policy Act by preparing an environmental assessment (EA) instead of an EIS.

On March 12, 2007 the court issued a preliminary injunction order that all sales of Roundup Ready alfalfa seed are prohibited pending the Court's issuance of permanent injunctive relief. The court decided that growers who have already planted Roundup Ready alfalfa will not be required to remove the plants. Additionally, they will be permitted to harvest, use, and sell such Roundup Ready alfalfa. The court also prohibited all future planting of Roundup Ready alfalfa beginning March 30, 2007. Growers who intended to plant Roundup Ready alfalfa before that date and who had already purchased the seed prior to the March 12, preliminary injunction order may plant the seed. Growers who intended to plant alfalfa after March 30, or who did not purchase Roundup Ready alfalfa seed prior to March 12, must plant non-genetically engineered alfalfa.

On June 27, 2005, APHIS advised the public in a Federal Register notice (70 FR 36917-36919, Docket No. 04-085-3) of its determination to grant nonregulated status to the alfalfa lines. As a result of the court vacating this decision, the alfalfa lines are once again regulated articles by APHIS. In accordance with the court's order, APHIS is issuing the appropriate notices informing Roundup Ready alfalfa sellers and growers of the terms of the court's preliminary injunction order. The court has scheduled a hearing on a permanent injunction for April 27, 2007.