By John Schwartz
Saturday, January 24, 1998; Page A04

A California biotechnology company yesterday pleaded guilty to the first criminal charge filed in the Justice Department's investigation of the tobacco industry.

U.S. District Judge Norma Holloway Johnson accepted DNA Plant Technology Corp.'s plea of guilty to one misdemeanor count of conspiracy to violate the federal Tobacco Seed Export Law.

The plea had been expected since the Justice Department earlier this month alleged a conspiracy through which the Oakland firm helped a tobacco company develop a plant with twice the nicotine content of standard varieties.

DNAP helped smuggle the seeds around the world for cultivation and experiments without the required permits, using code phrases such as "special materials" instead of "seed," according to court documents.

The documents did not name the tobacco company involved, but Justice Department officials have said the cigarette maker involved was the Brown & Williamson Tobacco Co., which has acknowledged that it is the company.

The Justice Department has said that DNAP is cooperating with its investigation. The probe centers on whether the tobacco industry misled federal officials investigating charges the industry manipulated nicotine in cigarettes, marketed tobacco products to children and other issues.

In pleading guilty to the charge, DNAP has agreed to a fine of as much as $200,000, which is double the amount of money it made from its work with Brown & Williamson. Sentencing was set for April 30.