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Var. kurstaki to the root-dwelling bacterium Pseudomonas fluorescens. t. gene would be an effective pesticide against certain agricultural pests living on or around corn seeds. 75 After conducting a series of laboratory and greenhouse tests with the toxin-containing Pseudomonas, Monsanto notified EPA on January 3, 1985, that it wished to field test the organism. This notification included data regarding taxonomy, growth characteristics, monitoring, genetic stability, host range, moisture effects, transport, and toxicity /infectivity in mice, quail, fish, and Daphnia.

I am saying that for a variety of reasons, . . " Id. Under the terms of the original approval, the testing could not have commenced, though, until EPA had conducted a site visit. 94 30 PESTICIDES the site was in a residential area. 95 At that point, EPA did not ask AGS to relocate, but instead asked the company to ensure that the EPA would be able to place its monitoring equipment on the property of adjacent landowners. Once local citizens learned of AGS' nearby test site, substantial community opposition to the test arose.

At a meeting held on January 22, 1985, a subpanel of EPA's FIFRA Scientific Advisory Panel agreed that the risk of harm was low, but more information was needed. 88 In its written summary, the SAP subpanel concluded that the ice-minus bacteria probably would not cause harm, but that AGS needed to supply better information; that better monitoring procedures should be established; and that the bacteria should be tested at a remote site, under EPA supervision. Accordingly, in early February 1985, EPA notified AGS that an EUP application had to be filed.

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