70 / SEEDWORLD.COM SEPTEMBER 2018 NATIONAL NCGA ADDRESSES TRANSPARENCY IN COMMENTS ON BE DISCLOSURE STANDARD The National Corn Growers Association (NCGA) pro- vided feedback to the U.S. Department of Agriculture’s Agricultural Marketing Service as the Agency finalizes the National Bioengineered Food Disclosure Standard. The feedback aims to help come to a final solution that is beneficial to consumers, farm- ers and food manufacturers, while preserving the original Congressional intent. NCGA’s comments empha- size its overriding concern that some of the options being considered could potentially harm U.S. agriculture and stifle American farming innovation. Above all else, the comments call upon AMS to ensure that the NBFDS is a marketing standard, not a health, safety or nutritional standard. DEERE & COMPANY CLAIMS PATENT INFRINGEMENT Deere & Company took legal action against Precision Planting LLC and AGCO Corporation, claiming that the companies have infringed on 12 John Deere patents. The Deere patents relate to several of the unique and inventive aspects of John Deere plant- ing equipment, many of which are embodied in the state-of- the-art technology Deere has named ExactEmerge. Deere filed the complaint in the United States District Court in Delaware, asserting that it has suffered damages because of the infringe- ment and will continue to REGULATORY ROUNDUP Keeping you informed of legislative and regulatory changes at the state, national and international levels — from lawsuits to approvals to other regulatory issues affecting your business. The Commissioner of Competition concluded that BASF’s acquisition of the Bayer assets would likely have sub- stantially lessened or prevented competition in the supply of canola seeds and traits in Canada due to BASF’s pre- existing position in that market. “Today’s agreement with BASF is necessary to protect competition and innovation in this important industry follow- ing Bayer’s recent acquisition of Monsanto,” says Matthew Boswell, Interim Commissioner of Competition. suffer such damages if the infringement continues. The lawsuit states that products made or sold by Precision Planting, including vSet seed meters along with SpeedTube products, infringe on Deere patents. AGCO acquired Precision Planting in September 2017. INTERNATIONAL EU COURT OF JUSTICE RULES AGAINST NEW PLANT BREEDING INNOVATIONS On July 25, the European Union Court of Justice ruled that almost all plants derived from new plant breeding innovations would be regu- lated under the EU’s regular GMO legislation, which is contrary to the Opinion of Advocate General. The latest breeding innova- tions, such as CRISPR CAS, are widely seen as critical tools to help breeders and farmers do more with less water, less fertilizer and less pesticides. They are also used to develop improved varieties that better meet consumer demands by providing more nutritious, tastier, healthier, more convenient and more varied plant-based food. A more detailed analysis of the ruling still needs to be done, but the initial view of the seed sector is bleak. CANADIAN COMPETITION BUREAU REACHES AGREEMENT WITH BASF The Canadian Competition Bureau has reached an agreement with BASF in connection with its proposed purchase of assets that Bayer AG (Bayer) must sell following its acquisition of Monsanto. Bayer accepts the deci- sion of the EU Member States to broadly restrict the use of certain neonicotinoids in agri- culture. As a consequence, the company has withdrawn the clothianidin dossier from the ongoing renewal process. UNAPPROVED GENETICALLY MODIFIED WHEAT FOUND IN CANADA The Canadian Food Inspection Agency (CFIA) discovered a small number of glyphosate- tolerant wheat plants growing in an isolated access road in southern Alberta last year. After extensive research CFIA has confirmed that the mate- rial is not in the grain supply nor was it grown in any com- mercial fields, meaning it is not part of the food system. CFIA also confirmed that the plants do not pose any risk to human health or the environment. SYNGENTA RESPONDS TO EU COURT RULING Syngenta challenges the European Commission’s deci- sion-making process concerning its thiamethoxam technology, as the commission relied on a hypothetical risk to implement partial restrictions on neonicoti- noid chemistries, outside legally approved regulation. According to Syngenta: “The handling of this specific case reflects our more gen- eral concern at the approach the European Commission is taking to regulating technology in agriculture. … Scientific and regulatory excellence in Europe has increasingly become politicized. This has negatively affected all interested parties and above all, has damaged consumer trust.” SW BAYER TO APPEAL RECENT GENERAL COURT VERDICT ON NEONICOTINOIDS Bayer will appeal the recent ruling of the General Court of the European Union in Case T-429/13. The company is concerned that the verdict, announced in May, could have far-reaching consequences for the certainty and predictability of active substance approv- als in the European Union. By appealing the verdict, Bayer aims to ensure that some general interpretations of the crop protection law established by the court are re-considered. These interpretations may have importance beyond this par- ticular case, and Bayer believes they are not legally founded.