Biotech Rice Saga Yields Bushel of Questions for Feds

Still others question the procedure Bayer is using to seek LL601 approval. Instead of going through a full deregulation process, it applied for an extension of approvals it won earlier for two other herbicide-resistant rice varieties developed nearly a decade ago.

That shortcut was created in 1997 to streamline approvals. But critics say the record of problems indicates a need for more careful oversight, not quicker approvals.

To allay concerns, Bayer has submitted with its application a "stewardship plan" -- voluntary farming practices, including extra dosings of Liberty, aimed at minimizing genetic crossovers to red rice.

Critics doubt that farmers will spend the extra time and money if they're not required to.

"Farmers are already under huge economic pressure," said Doug Gurian-Sherman, a senior scientist at the Union of Concerned Scientists. "It's just not going to happen."

But others, such as Johnny Saichuk, a rice specialist at the Louisiana State University AgCenter, support the approach. "People are becoming better stewards," he said. "The sloppy managers who let it outcross will lose the technology. The good farmers will not have problems."

Even if LL601 is approved, Bayer's problems will not be over. It may be impossible to get every last seed of LL601 out of the U.S. long-grain-rice supply. And negotiations between American and European Union officials broke down last month over how much contaminating LL601 will be considered acceptable in exported rice.

The company also faces dozens of lawsuits, which may soon be combined into a large class action.

Reassuringly to Bayer, and infuriatingly to others, the trouble appears not to have weakened regulators' trust in the company.

Since learning of the contamination this summer, APHIS has received applications from Bayer to start field experiments on nine new kinds of gene-altered crops.

To date, eight of those have been given a green light.