In Europe, anti-GM food protestors have been especially active. In the last few years
Europe has experienced two major foods scares: bovine spongiform encephalopathy (mad
cow disease) in Great Britain and dioxin-tainted foods originating from Belgium. These
food scares have undermined consumer confidence about the European food supply, and
citizens are disinclined to trust government information about GM foods. In response to
the public outcry, Europe now requires mandatory food labeling of GM foods in stores,
and the European Commission (EC) has established a 1% threshold for contamination of
unmodified foods with GM food products.40
In the United States, the regulatory process is confused because there are three different
government agencies that have jurisdiction over GM foods. To put it very simply, the
EPA evaluates GM plants for environmental safety, the USDA evaluates whether the
plant is safe to grow, and the FDA evaluates whether the plant is safe to eat. The EPA is
responsible for regulating substances such as pesticides or toxins that may cause harm to
the environment. GM crops such as B.t. pesticide-laced corn or herbicide-tolerant crops
but not foods modified for their nutritional value fall under the purview of the EPA. The
USDA is responsible for GM crops that do not fall under the umbrella of the EPA such as
drought-tolerant or disease-tolerant crops, crops grown for animal feeds, or whole fruits,
vegetables and grains for human consumption. The FDA historically has been concerned
with pharmaceuticals, cosmetics and food products and additives, not whole foods. Under
current guidelines, a genetically-modified ear of corn sold at a produce stand is not regu-
lated by the FDA because it is a whole food, but a box of cornflakes is regulated because
it is a food product. The FDA's stance is that GM foods are substantially equivalent to
unmodified, "natural" foods, and therefore not subject to FDA regulation.
The EPA conducts risk assessment studies on pesticides that could potentially cause harm
to human health and the environment, and establishes tolerance and residue levels for
pesticides. There are strict limits on the amount of pesticides that may be applied to crops
during growth and production, as well as the amount that remains in the food after proc-
essing. Growers using pesticides must have a license for each pesticide and must follow
the directions on the label to accord with the EPA's safety standards. Government inspec-
tors may periodically visit farms and conduct investigations to ensure compliance. Viola-
tion of government regulations may result in steep fines, loss of license and even jail sen-
tences.
As an example the EPA regulatory approach, consider B.t. corn. The EPA has not estab-
lished limits on residue levels in B.t corn because the B.t. in the corn is not sprayed as a
chemical pesticide but is a gene that is integrated into the genetic material of the corn it-
self. Growers must have a license from the EPA for B.t corn, and the EPA has issued a
letter for the 2000 growing season requiring farmers to plant 20% unmodified corn, and
up to 50% unmodified corn in regions where cotton is also cultivated.41 This planting