Questions of fraud raised by GMO-contaminated shipment of organic soybeans
The Organic & Non-GMO Report, June
www.non-gmoreport.com

The Organic & Non-GMO Report was recently alerted to a disturbing GMO 
contamination incident involving a shipment of organic soybeans to an 
organic processor. The names of both the processor and supplier have 
been kept confidential. The processor wanted to share his experience 
to emphasize the GMO challenges facing the organic industry.

It's an organic processor's nightmare: a buyer calls to say that your 
organic product tested positive for genetically modified organisms 
(GMOs). The processor can't sell the product as organic and loses 
money. Such unfortunate contamination incidents are increasing in the 
organic industry.
What makes the following incident even more troubling is the fact 
that a shipment of organic soybeans contained a high level of GM 
soy-much more than would have been caused by comingling with a small 
amount of GM soybeans or by cross-pollination. 

20% contamination

In mid-April, Chris, who owns a soy processing facility, received a 
call from a customer saying that his soy ingredient tested positive 
for GMOs. Chris was shocked. His processing facility is 100% organic. 
He thought, "How could there be a problem?"

He then tried to trace the source of the contamination. He took 
samples from a railcar of organic soybeans sent from his supplier and 
sent them to a lab for testing.

The lab results stunned him. The samples tested positive at 20%, an 
extraordinarily high level of GMOs. The contamination was so high 
that the lab said there must be almost a truckload of GM soybeans in 
the railcar, says Chris.

He first reaction was that the result must be a mistake. This was the 
first time he had received a positive GMO test. "I've had samples 
from China tested for GMOs, and they always tested clean," he says.

Chris filed a complaint with his organic certifier who sent it to the 
supplier's certifier. The supplier then took his own samples from a 
different lot of soybeans, and they tested negative.

Turned other railcars back

Based on the supplier's negative tests, Chris believes they won't be 
found at fault. "This has cost me my business and over $100,000, and 
the supplier is still selling his crop," he says.

According to Chris, shortly after learning about the positive GMO 
tests on the railcar sample, the supplier turned back three more 
railcars of organic soybeans headed for Chris's facility. He then 
asked the supplier to ship soybeans to him by truck, but the supplier 
refused, saying they didn't want to do business with him again.

Before the contamination problem, Chris says he had a great 
relationship with the supplier. He had previously purchased organic 
soybeans from China, but was happy to use a domestic supplier. That's 
all changed. Now Chris is planning to buy Chinese organic soybeans 
again.

Doesn't feel right selling as organic

Chris contacted his state organic certifier who assured him that the 
organic certification of his product was still valid even with the 
presence of GM material. "My certifier said it was still an organic 
product, but my customer didn't want to buy it, and I don't feel 
right about selling it as organic," he says.

Chris's certifier is wrong, says Jim Riddle, former chairman of the 
National Organic Standards Board. The National Organic Program 
prohibits the use of GMOs, but allows "adventitious" presence of GM 
material at the farm level only. "For a processor to accept 
GMO-contaminated ingredients and use them in organic products would 
be a direct violation, since it would constitute the use of the 
products of an excluded method (GMO)," he says.

As a result, Riddle says products produced from the batch of 
GMO-contaminated soybeans should lose organic certification and be 
sold as conventional. But he also says Chris's processing facility 
would likely retain its organic certification, unless his certifier 
determines that his operation does not have the ability to prevent 
comingling or contamination. 

Chris ended up selling his product to the conventional food market at 
one-half the price of organic. "I never had to sell a product to the 
conventional market before. It was not a pleasant experience," he 
says.

"No trust for anybody"

Chris has asked his certifier to file a complaint with the supplier's 
certifier and with the NOP, who told him they will "act accordingly." 
But, his certifier has yet to send the paperwork one month after the 
incident, which angers Chris. Even after the complaint is filed, the 
NOP is not likely to take any action.

Legal action is also not an option. "If I pay attorneys I won't have 
enough to pay wages," says Chris. "I'm in survival mode, trying to 
keep my employees."

Chris describes his situation as a "damned if I do, damned if I don't" bind.

He calls the GMO threat to organics a "new frontier" that the 
industry must address. "We will need an organic police department. 
Everyone needs to be forewarned: there will have to be comprehensive 
GMO testing."

Chris believes a GMO tolerance in soybean production is needed 
immediately. "Zero tolerance is not going to happen. A certain amount 
of GMO has gotten into all aspects of soybean production, including 
organic."

The contamination incident has left Chris disillusioned. "I've been 
in the organic industry for a long time. It was an industry built 
around trust, but after this I have absolutely no trust for anybody."

(Editor's note: For legal reasons, Chris did not want to divulge the 
supplier's name. As a result, we were not able to contact the 
supplier to obtain his side of the story.)

Copyright The Organic & Non-GMO Report June 2007. (www.non-gmoreport.com)

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