Attorney General's News Release

December 19, 2000

Nixon says Aventis must compensate Missouri farmers and elevator businesses for losses due to StarLink corn

Jefferson City, Mo. — Attorney General Jay Nixon today told the maker of StarLink that it must provide full and fair compensation to farmers, grain elevator operators and others in Missouri who have incurred financial losses after it was discovered the genetically modified corn entered grain supplies and food systems for which StarLink is not approved.

In a letter to Aventis CropScience, headquartered in Research Park Triangle, N.C., Nixon said that Aventis' failure to properly manage the introduction of StarLink into the marketplace has led directly to several problems for Missouri grain producers and handlers, including:

• Farmers and elevator businesses being forced to accept lower prices for corn which tested positive for even traces of the protein found in StarLink corn, or even having their corn rejected altogether;
• Substantial added costs for Missouri farmers and businesses to detect, segregate and find acceptable markets for StarLink; and
• A depressing effect on the overall corn market because grain markets in Japan and Europe have been reluctant to accept StarLink.

"Aventis has poorly handled the situation of StarLink corn commingling with other corn, but Missouri farmers and small businesses should not have to suffer as a result," Nixon said. "I have provided Aventis with a list of specific actions it must take to make things right in Missouri."

Nixon said any compensation programs associated with StarLink must include not only corn produced directly from StarLink seed, but also corn raised within 660 feet of StarLink corn; corn that has been cross-pollinated with StarLink corn; and corn that has been commingled with corn containing the Cry9C protein found in StarLink.

Aventis should pay for all testing for the presence of StarLink, for the expenses of separately storing and transporting the StarLink corn, and for the costs of cleaning facilities and equipment to prevent further contamination from StarLink, Nixon said. In addition, Aventis will need to pay for a mailing to corn producers and elevator businesses in the state to inform them of their rights and responsibilities relating to StarLink corn.

Nixon also insisted that Aventis not be released from liability for losses incurred by any Missourians who have participated in or received any compensation already through the Aventis "StarLink Enhanced Stewardship Program," or SES. Nixon said SES is inadequate because it reimburses only the growers of StarLink, and not neighboring farmers or grain elevators.

Finally, Nixon told Aventis that it needs to put up a $25 million bond or other equivalent funds to ensure that there is enough money to pay Missouri farmers and businesses for the losses associated with StarLink.

The company has 15 days in which to provide a written commitment to the entire proposal, Nixon said.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818