4th quarter 2006

LL601 — Genetically engineered rice in Germany

Traces of genetically modified rice not approved anywhere in the world were found in Germany in early September 2006. As a consequence, Japan has banned all rice imports from the USA, and the EU requires all consignments to be certified as free from GM contamination. Several retailers have removed US long-grain rice from their shelves. How did this happen? LL601 rice (LL stands for "Liberty Link"), which is resistant to the herbicide glufosinate (Liberty), was developed by Aventis in the 1990s. Its development was stopped in 2001. Two similar rice lines (LL62 and LL06) resistant to the same herbicide have been approved in the USA, but are rarely cultivated. An application for approval of LL62 in Europe has been filed.

In order to obtain approval, the applicant has to develop a method by which the newly engineered plant can be detected. The traces of LL601 were discovered while testing a method for detecting the similar rice line LL62. But how did LL601 get into a container of LL62 five years after its development had been stopped? This question is largely unresolved. Possible explanations include cross-pollination during field trials in 2001 (although rice is a self-pollinator), regrowth of transgenic rice in subsequent years, or a mix-up of seeds. In a rice research station in Louisiana, foundation seed stocks were found to contain some grains of LL601. With the foundation seed, LL601 may unknowingly have been spread over a wide area.

Bayer took over Aventis only in 2003 and on this basis has refuted all accusations. Bayer may nevertheless be held liable from a legal point of view, and several US rice growers’ associations have brought suits against the company. They are seeking compensation for the loss in income caused by import bans and a roughly 10% downturn in the price of rice on the world market. In a similar case in the year 2000, in which genetically modified maize (Starlink) only approved for use as animal feed accidentally found its way into human food, Aventis (via Kraft and Kellogg) had to shoulder more than €100m in recall costs.

The GM rice concentrations found in Germany so far have been less than 0.05%. Because LL601 is unapproved, its safety has not been assessed. However, since it contains the same resistance gene as the approved LL62 rice, it is presumed not to pose a health hazard. Bayer is currently seeking retroactive approval for LL601 in the USA in an effort to avert potential claims.