Arkansas Rice Growers Association - GMO Updates and Alerts

I. Cheniere Rice

        a. Prohibited Usage. Rice of the variety Cheniere, that has been produced from seed tracing back to the 2003 Foundation Class from Louisiana State University, shall not be offered for sale, sold, planted, produced, harvested, stored, distributed, transported, subjected to conditioning processes or handled in any manner for grain production in 2007 and 2008.

        b. Inclusion. Any other rice variety or lot of seed that may be identified as having a transgenic trait, either a variant of the traits known as “LL Rice” or other traits not currently known, will also be subject to these regulations.

                1. Exemption: Seed Stock Production. Only those certified lots of Cheniere that have tested “negative within the specified detection levels” shall be used for production of seed stock for possible use as planting seed in 2008 and 2009.

        c. Seed Stock Rejects. Rejects and cleanouts from seed stock increases will be held and not sold at any first point of delivery in the 2007 crop milling year.

        d. 2006 Crop Usage. Cheniere rice produced during the 2006 crop year may be moved from storage facilities to first points of delivery without penalty.

        e. Testing Planting Seed, 2007. All seed used for planting in 2007 shall undergo testing Prior to April 1, 2007 for the purpose of identifying seed lots that contain variants of LLRice.

                1. Testing Labs. All seed samples shall be submitted to a lab that has validated the 35S bar test.

                2. Sampling. Any seed sample collected for the purpose of complying with these regulations must be “officially drawn” samples under supervision of Plant Board Inspectors or an employee of another state’s AOSCA member. The Plant Board shall be responsible for submitting the samples for testing, receiving and disbursing test results and maintaining the chain of custody of the samples throughout the sampling and testing process.

                3. Seed Source. Any seed anticipated to be used for planting rice must be tested. Seed produced inside Arkansas as well as any seed produced in other states but entering Arkansas through a purchase must be sampled and tested. Purchased seed from other states that has undergone testing under the same protocol as outlined in these regulations and receiving a “not detected within the specified detection limits” and has documentation to present the results shall be exempt from additional testing. All lots of seed, be they bagged or in bulk, shall be subject to these regulations.

                4. Participation. Entities having seed, saved from their own production, that is to be used for planting seed, are responsible for contacting the Plant Board and requesting having a sample collected for submission for testing. Information shall be provided to the Plant Board similar to the two year field history required for the Certified Seed Program, due to the emergency situation existing for 2007. No seed produced on farms that were involved in production of the Cheniere rice variety in 2005 and 2006 shall be eligible for testing.

                5. Testing. The testing protocol (commonly referred to as the 35S bar test) shall be conducted by a lab that has had the validated protocol.

                6. Detection Level. Testing shall be conducted to effect detection at the .01% level with a 95% confidence interveal.

                7. Records Retention. Sample submission forms, results reports and any other records developed in carrying out this testing, shall be retained by the applicant (those entities owning and having the seed lot submitted for testing) and made available for review upon request by a authorized representative of the Arkansas State Plant Board.

                8. Transfer of Seed. Copies of testing results for individual lots of seed shall be provided to anyone who purchases any portion of the tested lot. Results for all lots, of which any portion was purchased, shall be provided to the purchaser.

                9. Authorized for Sale. Any lot of seed tested, utilizing proper protocols, that received a “not detected within the specified detection limits” result, shall be legal for sale.

                10. Failed Seed. Any lot of seed that tests “detected within the specified detection limits” for LLRice may undergo a second test if desired by the applicant. A second or “new” sample may be requested for submitting for the second test. Seed lots testing positive in two (2) tests shall be removed from the seed market and must be moved through the grain marketing channels, by July 31, 2007, or be destroyed.

                11. Exemption. “Specialty” rice producers and millers who handle ONLY those rice varieties with characteristics, such as aromatic qualities, that do not enter the grain marketing channels may be exempt from these regulations under specific conditions ( including but maybe not limited to):

                        a. Their seed source can be documented and verified.

                        b. Production records can be produced to confirm that NO Cheniere rice was produced on the farm in the past, that no equipment used in rice production on the farm was ever in a situation that would expose the equipment to the presence of Cheniere, and that all seed utilized on the farm came from documented sources and the seed was free of Cheniere.

                        c. Records that confirm the specialty rice will not enter the long grain market channels.

DATE: January 3, 2007

Last week in Little Rock representatives of the Arkansas Rice Growers Association (ARGA) attended an important meeting of the Arkansas State Plant Board where an emergency regulation was passed that reached beyond the prohibition on planting the Cheniere rice variety in Arkansas during 2007 and 2008. An additional regulation states “all seed used for planting in 2007 shall undergo testing for the purposes of identifying seed lots that contain variants of LLRICE.”

In an effort to represent Arkansas rice farmers’ interests, ARGA board members pushed a number of issues during the public comment phase of the meeting including one of particular concern directed to rice mills, “if a farmer has his seed tested and it is o.k. and he still has a load that tests positive upon delivery in 2007 will there be any liability or discount?” The first response came from Producers Rice Mill followed by Riceland Foods (both of Stuttgart, Arkansas) stating “that if a farmer followed the testing plan and a positive test was detected in his 07 deliveries he would not be held liable or receive any discounts”. These statements by the mill representatives were read into the official minutes of the meeting and made a matter of record.

This is great news for the farmer who can now plant with some price assurance according to John Alter, President of ARGA. Alter stated that, “the risk is so great and the cost of production is so high that price uncertainty would probably have forced many farmers to change their planting intentions.” He added that, “We encourage the USA Rice Federation to adopt these statements into their plan so that the milling segment in general can give this agreement to all farmers in all rice producing states.”

As one farmer in attendance from Poinsett County commented, “ARGA may have just saved a large portion of the Arkansas rice farming industry by ensuring that farmers will not be discounted if they have followed the plan. I know many farmers who would not have planted rice in 2007 without this agreement. I congratulate them on their effort to represent the farmer.”

ARGA representatives were disappointed that the Plant Board did not take up the matter of an industry wide clean up (which was on the agenda). The seed is only one point in the growing cycle where mixing could take place. The storage facilities, transportation system, mills and elevators are all equally likely points where mixing problems might occur, and should also be addressed. The producers will ultimately bear the responsibility for the high cost of testing and are entitled to an industry wide effort to eliminate the problem as soon as possible.

The Arkansas Rice Growers Association is the only organization solely representing the views of the Arkansas rice farmer.

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Following the second Rice Producer Update Alert, we have been informed that we were in error concerning the presence of the “LLR601” protein in the Clearfield 161 and 131 varieties. We want to correct that error. By issuing these alerts, USRPA strives to remain the fastest and most accurate source of information available to U.S. rice producers. Please contact us should you notice any errors or wish to provide additional information that may be of use to producers.

New Results on Affected Varieties

In a recent statement issued by LSU, researchers confirmed the presence of the LLR601 protein in the 2003 seed stock of the Cheniere variety, although the 2005 Cheniere foundation seed tested negative for the protein. Thirteen other varieties have also tested free of the protein including: CL 131, CL161, Cocodrie, Cypress, Trenasse, Pirogue, Bengal, and Jupiter. The full report can be located by directing your web browser to

As the Clearfield varieties are so important to many farmers, we regret the error and will keep you posted as we learn more.

When It Rains It Pours – China to Share in America’s Woes in Europe

European reports indicate that 5 of 27 samples of rice products have tested positive for Chinese strains of biotech rice. Although the quantities have not yet been determined, the products have been found across several product brands located in Asian specialty stores and restaurants. These products include various noodles and rice derivatives and have reportedly induced allergic-like reactions in mice. The European Commission has responded by urging member states to intensify controls on GM foods.

Rice Futures Show Signs of Stabilizing – September Futures up $0.02/cwt

September rice settled $0.02 cents higher at $8.75 per hundredweight and November rose $0.03 cents to $9.01. Early follow-through buying from Friday and spillover from stronger overnight prices boosted the market but it was unable to hold the early gains. Speculative selling, thought to be fund liquidation, pressed the market to give up most of the advances. Commercial-related buying emerged to support the market around the $9.00 level in November.

Rough Rice Futures (RR)
Sep ’06 8.75 +$0.02
Nov ’06 9.01 +$0.03
Jan ’07 9.29 +$0.04
Mar ’07 9.58 +$0.06
May ’07 9.83 +$0.05

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With the 2006 rice harvest starting, members of the Arkansas Rice Growers Association (ARGA) have many concerns as the fallout continues from the USDA announcement on August 18, 2006 that genetically engineered material had been found in the state’s rice supply. From that point forward a seemingly good price year for farmers is quickly turning sour. According to a statement issued by Riceland Foods of Stuttgart, Arkansas, trace amounts of Bayer’s herbicide-resistance trait was discovered by a rice export customer in January 2006 and the customer contacted Riceland asking for an explanation.

Riceland’s statement goes on to say that in May samples were collected from several locations and a significant number tested positive for the Bayer trait known as LL 601. Riceland then contacted Bayer in early June, provided a sample for testing and then in late July Bayer confirmed the positive results. Bayer also said that it was a regulated genetically engineered event and that Bayer was legally required to report the results to the USDA within 24 hours. At that point, apparently the USDA began their investigation and made the first public announcement of the issue with a statement by Secretary Mike Johanns followed by a press conference on August 18, 2006.

John Alter, President of the Arkansas Rice Growers Association summed up the feeling of the organization’s members, “Farmers are losing money and there is no clear direction as to where this issue is headed. This is money farmers feed their children with. We need some answers and we need a prompt and thorough investigation as to how this happened and how widespread it is.”

Some reports indicate that the LL601 protein is concentrated in the Cocodrie and Cheniere varietal lines, however more testing is required to confirm this. ARGA is recommending that growers consider keeping varieties separated if possible. Also if the grower has several varieties he might consider harvesting these two varieties last as not to mix them in his equipment or facilities. These decisions are of course up to each grower and how it fits the operation.

Growers may also decide to have their rice tested, whether its ’05 crop in storage or the ’06 harvest just underway. The Association recommends farmers to work with their buyers to determine how their testing regime may affect them at unloading, settlement, etc. It is unclear how prepared the rice industry infrastructure is to meet these demands for extensive testing, product segregation as it will take time to sort it all out.

In an effort to keep Arkansas rice farmers aware of developments and up to date on the situation, ARGA is posting Rice Producer Update Alerts on their website. Farmers may read these alerts by logging on to

Farmers who would like to subscribe to the Rice Advocate, a weekly electronic publication of the U.S. Rice Producers Association may do so by calling 1-877-974-7423 or by making an email request to

Bayer has listed five laboratories on their website that are authorized to provide testing services and this information can be found at

The Arkansas Rice Growers Association will continue to monitor the situation and work with the state agricultural media to keep farmers informed. Added Alter, “we are probably headed for a very confusing harvest period and communication will be extremely important for farmers. We do not want them to lose any more money than they already have.” ARGA through its membership with the US Rice Producers Association maintains constant contact with USDA officials and other organizations.

As one farmer stated on a conference call earlier, “If Riceland Foods had acknowledged the problem to the rice industry when it was discovered back in January we could have done testing prior to planting and possibly headed off much of the current problem. We hope this does not turn into a logistical nightmare as a result of widespread contamination.” The Arkansas Rice Growers Association is the only organization that solely represents the interests of the Arkansas Rice Farmer.

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In our effort to keep rice farmers informed of the developments concerning the Bayer LLRice 601 contamination crisis we bring you the following update. We maintain that this effort is to provide information that we believe to be correct. There continues to be a considerable amount of mis-information and it is important to continue avoiding mistakes. As previously stated, if we make errors, please let us know. At the same time if you have information of interest to rice producers on this issue, please send it to us.

Few or No Bids on Rice in Texas

Rice producers in Texas report few if any of the mills are bidding on rice. In part this hesitation on the part of buyers is no doubt due to uncertainty in the market as a result of the LL601 situation. But it may be attributable to other factors as well, including efforts by the mills to adjust handling and processing regimens to cope with the new market realities brought on by the presence of LL601. We are of course disappointed that these buyers have abandoned producers at this critical time, but hopeful that once certain adjustments are made buying activity will resume at reasonable prices.

Widespread Positive Tests

Reports from within the milling and export industry indicate widespread positive results throughout the gulf and delta rice regions in both ’05 and ’06 crops. In addition to comments previously mentioned varieties sources now indicate positive tests in the variety Clearfield 161. As of this time we have not heard of any hybrid rice with a positive test.

Relation to Bt10 Corn

USRPA Washington Counsel Fred Clark met with Syngenta representatives this week to learn more about how Syngenta handled their responsibilities related to the Bt10 GMO event in corn. Fred reports that Syngenta made special efforts to address issues at the seed dealer, producer, marketer and exporter levels, and that some of these efforts continue years after the initial event. Grain trading firms and other related parties also report good cooperation with Syngenta in this regard. We can only hope that Bayer CropScience takes a page from Syngenta’s playbook in acting responsibly to help the industry work through the LL Rice 601 event.

Caution on “False Positives” Results

Reminder that for any producers or others using the strip tests as a screen, be aware that the results may be subject to false positives. Additional testing methods that are not approved by GIPSA and not official are not recommended. Although we have not heard officially except from two labs, we assume that all five laboratories licensed by Bayer to do the testing have completed their approval process. Again the five labs are found at the following website: www.bayercropscience.com/bioscience. Tomorrow we expect to make some procedural tips to assist farmers with testing in a way that is beneficial to them.

September Rough Rice Futures

September rough rice futures fell another 9.5 cents per hundredweight today, to $8.93. This means that since the announcement regarding the discovery of Liberty Link 601 in US long grain rice was made on Friday, August 18th , the value of the US long grain rice crop at the farm gate has fallen by about $135 million. Friday.

Emphasis On No Human Health, Food Safety or Environmental Concerns

The USRPA will continue to work with the Rice Federation to send an accurate and positive message that the rice supply of the U.S. is safe for use in food, feed supply and safe in the environment. As stated by the USDA and the FDA, the protein found in LL601 is approved in other products and has been repeatedly and thoroughly scientifically reviewed and used safely in food and feed, cultivation, import and breeding in the U.S., as well as nearly a dozen other countries around the world.

Rough Rice Futures (RR)
06Sep 893'0 -09'5
06Nov 922'5 -09'5
07Jan 949'0 -06'0
07Mar 973'0 -02'0
07May 1000'0 -02'0
07Jul 1026'0 -01’0

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---------------- “If you are going through hell, keep going.” --Winston Churchill

With the fast-moving developments related to the presence of the genetically engineered “LLR601” protein in some long grain rice, USRPA has decided to issue frequent alerts in an effort to keep producers up to date. We are going to let you know what we believe to be correct as soon as we know it. If we make errors, please let us know. In the weeks ahead, please do funnel any information that may of use to producers to USRPA for publication in the update.

USDA Validates “PCR” Test for Presence of LLR601 Protein

Press reports confirm that GIPSA late this morning “validated” the Bayer testing method at its lab in Kansas City. However, the five laboratories licensed by Bayer to do the testing have not completed their approval process. It is hoped that by tomorrow the process will be done and testing can begin. Here is the official notification from GIPSA Administrator James Link:

“The U.S. Department of Agriculture's Grain Inspection, Packers and Stockyards Administration (GIPSA) has verified two analytical methods provided to GIPSA by Bayer CropScience to detect the LLRICE 601 trait in rice. Both tests are real-time polymerase chain reaction (PCR) methods - one that detects 35SBAR DNA sequence found in LLRICE and another that detects the DNA sequence specific to the LLRICE 601 trait. For further information about the specific analytical method or for a list of commercial laboratories that Bayer CropScience has authorized to provide testing services, please contact Bayer CropScience.”

Which can be done by pointing your web browser to

The five labs are to be found by clicking the “Testing” tab on the left of the page.

Does My Rice Have the LLR601 Protein?

Right now that’s impossible to say. Seemingly reliable reports are that the protein seems to be concentrated in the Cocodrie and Cheniere varietal lines, but nothing is certain until a lot more testing is conducted. To date most if not all of the press reports about the wide-spread nature of the protein in long grain rice appear to emanate from testing reportedly conducted by a single Cooperative. But that entity has refused to say more about the specifics of the positive tests, geographically or varietally.

To Test or Not to Test?

Many producers are asking if they should test their crop, whether in the bins or the 2006 crop in the field. As it becomes available, we will pass along information about HOW to sample for testing by a commercial lab. Keep in mind that these sophisticated DNA tests will cost at least $200 to $300 each, and take at least 24 hours to complete, exclusive of the time and cost to ship the sample to 5 laboratories accredited by Bayer CropScience to conduct the USDA-approved tests. In the mean time, producers may want to consider identity preserving their crop, even by variety, if they can. But is must be emphasized that to do so effectively in the face of such challenges requires a great deal of detailed cleaning of equipment and facilities, to a degree that may be new to many producers.

Older “Strip Tests” May Give “False Positives”

USDA’s announcement was none too soon, as yesterday it was reported that preliminary evaluations of the commercially available strip tests reportedly determined that at least one test kit was producing false positive results. While not yet conclusive the limited review determined that “part number” 3,000,008 (like a lot number) produced false positive results. For any producers or others using the strip tests as a screen, be aware that this screening lot in particular may have real problems! Perhaps it should be subjected to a thorough review and verification. There is also concern that a laboratory in New Orleans, using its proprietary method to test for the presence of the Bayer gene, may be subject to false positives.

Rice Futures Prices Continue Fall – Sept ’06 below $9.00/cwt.

Rice futures in Chicago gave back yesterday’s modest gains and fell further again today. With Sept. 06 futures falling 18 cents/cwt, this means that the futures have fallen 86 cents/cwt since the close last Friday before the LLR601 “event” was made public. This means that the market value of just the US long-grain rice crop has fallen an estimated $129 million in value since Friday.

Rough Rice Futures (RR)
06Sep 897'0 -18'0
06Nov 925'5 -18.5
07Jan 1000'0 -17'0
07Mar 1042'0 -16'0
07May 1047'0 -16'0
07Jul 1053'0 -11’0

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