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February 10, 2017 Botulism-tainted feed killed 11,000 mink, lawsuit claims By MATEUSZ PERKOWSKI Capital Press About 11,000 mink at an Oregon ranch died from feed contaminated with botulism, resulting in $2.8 million in losses to the grower, accord- ing to a lawsuit. A complaint filed by the farm — AMC LCC of Mount Angel, Ore. — accuses the Northwest Farm Food Coop- erative of gross negligence and breach of contract, among other allegations, for supply- ing the tainted feed in 2016. The National Food Corp., an egg producer, is also named as a defendant in the lawsuit because the tainted feed was allegedly manufactured from the company’s “spent hens” that have stopped laying eggs. The complaint alleges that the mink became ill and be- gan dying within days after the cooperative’s feed was delivered to the ranch in July 2016. An investigation later determined the disease was caused by botulism in the chicken meat. Botulism is caused by a nerve toxin produced by cer- tain strains of Clostridium bacteria that grow in improp- erly processed food. An attorney for AMC LLC said he couldn’t com- ment on the lawsuit and Cap- ital Press was unable to reach the farm’s owner. The North- west Farm Food Cooperative and the National Food Corp. did not respond to requests for comment. Complaint pertains to pesticides containing 31 active ingredients By MATEUSZ PERKOWSKI Capital Press Capital Press File A new lawsuit claims that botulism-tainted feed killed 11,000 mink on an Oregon farm, causing $2.8 million in losses. By JOHN O’CONNELL Capital Press John O’Connell/Capital Press Jeanne Debons, executive director of the Potato Variety Management Institute, with potato varieties under her organization’s management at the recent University of Idaho Potato Conference in Pocatel- lo. PVMI is releasing two new varieties — Castle Russet and Echo Russet. increasing restrictions on fu- migants, mop-top is becoming more prevalent. Research by Chuck Brown, a potato breeder with USDA’s Agricultural Research Ser- vice in Prosser, Wash., has shown planting Castle Russet also helps reduce the amount of powdery scab inoculum in soil. Furthermore, Castle is re- sistant to all strains of potato virus Y and to corky ringspot, which is spread by the stub- by root nematode and should also become more difficult to control as regulators further restrict fumigants. “There are not many pota- toes right now that have that combination (of resistance), as well as others,” Debons said. Echo is set apart by its strong yield. Echo averaged 980 hundredweight per acre in trials at Oregon State Univer- sity’s Hermiston Agricultural Research and Extension Cen- ter from 2006 through 2008 — 80 hundredweight more than Russet Burbank. Castle’s yields are comparable to Rus- set Burbank, said Vidyasagar Sathuvalli, an assistant pro- fessor of potato breeding and genetics in Hermiston. 5 Endangered Species Act lawsuit over pesticides resurrected New Northwest spuds offer strong disease resistance BEND, Ore. — Officials representing the Idaho, Or- egon and Washington po- tato breeding programs say they’re releasing a pair of new russet varieties that should help position the industry to cope with more stringent reg- ulations on soil fumigants. The new Tri-State Potato Breeding Program varieties — Castle Russet and high-yield- ing Echo Russet — are billed as medium- to late-maturing potatoes appropriate for use in both the fresh market and processing. Testing has shown they also have good culinary qualities and cold sweetening resistance, so they fry with a light color even after months in storage. The Potato Variety Man- agement Institute, which handles licensing and royalty collection of Tri-State variet- ies, decided to release them in December, said PVMI Execu- tive Director Jeanne Debons. She said a limited number of mini-tubers — those grown from tissue cultures — are available to interested seed growers. Debons said Echo and Castle are resistant to potato mop-top virus, vectored by the hard-to-control powdery scab fungus. As regulators place CapitalPress.com The initial cross for Echo was made in Aberdeen, Ida- ho, in 1996, and the line was selected by the Oregon State University breeding program. “The yields are excep- tionally good for Echo in all three production regions in the Northwest, said. “(Echo) has been in the system for a while, but there was always an interest among the growers and processors, so we finally decided to release it as a va- riety.” Brown made the cross for Castle in Prosser in 2006, and it was also selected in Oregon. The 9th U.S. Circuit Court of Appeals has resur- rected legal claims against the U.S. Environmental Agency over pesticides con- taining 31 active ingredi- ents. A federal judge previ- ously dismissed the lawsuit in 2014. The Center for Biologi- cal Diversity and the Pesti- cide Action Network North America filed a complaint arguing that EPA should have analyzed the chemi- cals for detrimental effects on threatened and endan- gered species. Under the Endangered Species Act, the U.S. Fish and Wildlife Service and the National Marine Fish- eries Service must consult on whether certain fed- eral government actions would affect protected species. U.S. Magistrate Judge Joseph Spero rejected the environmental groups’ claims because they were time-barred or outside the court’s jurisdiction. While the 9th Circuit agreed with much of Spe- ro’s decision, the appellate court revived the plaintiffs’ argument that EPA’s regis- tration of pesticide products was an agency decision that, under the ESA, required consultation with other agencies. The environmental groups cannot challenge the EPA’s risk assessments of the 31 active ingredients in the pesticides, as legal claims over these decisions are time-barred, the ruling said. However, the EPA’s reg- istrations of actual pesti- cide products that contain the active ingredients are distinct decisions that may be subject to ESA con- sultation, the 9th Circuit said. Stephanie Parent, an at- torney for the plaintiffs, said she expects the pesti- cide products have negative effects on protected species that would trigger consulta- tion. The environmental group’s goal is for EPA to impose “common sense” measures on pesticide us- age that would prevent harm to threatened and en- dangered species, Parent said. While the agency has al- ready undertaken ESA con- sultation for the pesticides chlorpyrifos, diazinon and malathion, the plaintiffs want the EPA to set firm deadlines for evaluating other active ingredients, she said. Croplife America, a pes- ticide industry group, and several other agribusiness organizations have inter- vened in the lawsuit as de- fendants. In a statement, Croplife America’s president and CEO, Jay Vroom, said he was pleased the 9th Circuit upheld much of Spero’s rul- ing. Vroom said it’s unfor- tunate the 9th Circuit’s ruling “leaves unresolved the full conflict” between the Endangered Spe- cies Act and the Feder- al Insecticide, Fungicide and Rodenticide Act — which regulates pesticides — but that Croplife Amer- ica “remains committed to pursuit of that satisfactory resolution.” 6-1/#4
