Sustainable Agriculture Literature Review - Boulder County

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6.5 Current Regulations
Regulations concerning agriculture are numerous and thus a substantial review could
not be included in this literature review. Two of the most current regulations applicable to
Boulder County and the GE regulation process are described below.
GE Regulation Process
In the U.S., the regulatory process for GE foods is under the jurisdiction of three
separate agencies: the Environmental Protection Agency (EPA), the Food and Drug
Administration (FDA), and the United States Department of Agriculture. Each agency
performs a different function, essentially, the EPA regulates the environmental safety,
the USDA evaluates the safety of the plant, and the FDA evaluates whether the plant is
safe in food. The USDA has many internal divisions that assess GE foods including: the
Animal Plant Health Inspection Service (APHIS), which is responsible for issuing permits
of approval for GE organisms, the Agricultural Research Service, and the Cooperative
State Research, Education, and Extension Service. 504
Before issuing a permit the APHIS evaluates whether the GE crop will: 505
! Expose other plants to pathogens
! Harm other organisms, including agriculturally beneficial organisms,
threatened and endangered species, and, in the case of plants that produce
pesticides, organisms that are not the intended target of the pesticide (nontarget
organisms)
! Increase weediness in another species with which it might cross
! Have an adverse effect on the handling, processing, or storage of
commodities
! Threaten biodiversity
A number of factors determine which laws and regulations apply to GE foods and
products. These include: the stage of development, the intended uses, the type of
possible hazards, and the type of organism. 506 Intended uses determine which regulation
applies to a given product derived from a genetically engineered organism. Given the
large number of regulating agencies, regulations, and statues that apply to GE products,
there are some discrepancies concerning who regulates which product. Figure 26
illustrates the broad categories of regulation and which agency evaluates the product.
For example, whole food plants are regulated by the Food, Drug, and Cosmetic Act,
under the FDA. 507
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