Biotech firm blames farmers, act of God for rice contamination

By Matt Sanders

Bayer CropScience says rice farmers and an "act of God" are to blame for the contamination of local rice crops with an unapproved genetically modified strain -- contamination that led to class action lawsuits filed in federal court in Missouri.

The company, based in Research Park Triangle, N.C., cited those reasons in a response to a lawsuit filed earlier this year after contaminated crops were discovered this summer.

"First, you have to understand that genetically altered crops are kind of like dynamite and electricity," said Cape Girardeau lawyer Michael Ponder. "They're going to escape and blow up and hurt someone no matter how careful you are. For them to blame on farmers or an act of God, is irrelevant."

Ponder filed a suit on behalf of three Southeast Missouri rice farmers in September alleging Bayer was responsible for economic losses sustained by those farmers as a result of the contamination. The strain that contaminated local crops was designed to be resistant to herbicides. Contamination was found at Riceland Foods Inc. processing plants in Missouri and Arkansas and announced in August.

A drop in prices for rice followed the discovery, as Japan suspended imports of U.S. long-grain rice and the European Union required extensive testing of all rice shipments.

St. Louis lawyer Don Downing agrees with Ponder. Downing said under Missouri law the creator of the genetically modified strain is responsible for any harm that strain caused regardless of how the contamination occurred.

"Whether anybody can point to specific acts, Bayer is still legally responsible," Downing said.

Downing represents 279 clients from Missouri and Arkansas in a federal suit filed in U.S. District Court in September.

Bayer's ideas about how the contamination occurred where expressed in a 30-page document answering all the charges alleged in the suit filed by Downing. Bayer representatives were not available Wednesday afternoon.

Downing says Bayer's claims in the document don't carry much weight.

"They basically have thrown in everything they can imagine, and some of those defenses appear imaginary," Downing said. "I guess I would say that certainly the Almighty is not to blame for this problem."

Downing and others suing Bayer say not only are farmers affected economically by the drop in rice prices, but they will also have to pay for extensive cleanup to make sure none of the contamination remains in equipment and processing facilities. One of the most contaminated strains of rice is the Chienere rice planted by many Missouri rice farmers, Downing said. Missouri rice farmers are concentrated from Scott County south to the Arkansas border.

Ponder and Downing said the losses are currently being assessed by agricultural economists.

A multidistrict panel of federal judges will meet Nov. 30 to decide whether to consolidate the class-action suits filed throughout the American rice-growing region into one. If they do, Downing said, it's possible that the suit could be heard in Missouri's Eastern District.

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