Capital Reporting Company

Meeting 02-03-2010

(866) 448 - DEPO

www.CapitalReportingCompany.com © 2010

1

 TRANSCRIPT OF PUBLIC MEETING

 CONDUCTED BY

 THE UNITED STATES DEPARTMENT OF AGRICULTURE

 ANIMAL AND PLANT HEALTH INSPECTION SERVICE

 FOR THE PURPOSE OF PUBLIC COMMENT ON

 GLYPHOSATE TOLERANT (ROUNDUP READY) ALFALFA

 D RAFT ENVIRONMENTAL IMPACT STATEMENT

 DOCKET NO. APHIS-2007-0044

 HELD ON FEBRUARY 3, 2010

 FROM 3 P.M. TO 6 P.M.

 AT THE

 BUFFALO COUNTY FAIRGROUNDS

 EXHIBIT CENTER

 3807 AVENUE N

 KEARNEY, NEBRASKA 68847
Capital Reporting Company

Meeting 02-03-2010

(866) 448 - DEPO

www.CapitalReportingCompany.com © 2010

2

1 P R O C E E D I N G S

2 MR. ABEL: Good afternoon. Thank you for

3 coming to this important meeting this afternoon.

4 Today's meeting is the second public meeting to

5 solicit comments from the public on the Animal and

6 Plant Health Inspection Services Draft Environment

7 Impact Statement evaluating the potential

8 environmental impacts of deregulating alfalfa

9 genetically engineered to be resistant to the

10 herbicide glyphosate, also known as commercially

11 Roundup. The GE alfalfa is also commonly referred

12 as Roundup Ready Alfalfa in the EIS. The GE alfalfa

13 variety is also referred to as glyphosate-tolerant

14 or GT alfalfa.

15 APHIS considered two alternatives in the

16 Draft EIS, grant nonregulated status for two lines

17 of Roundup Ready alfalfa or to maintain the status

18 as regulated. APHIS analyzed these alternatives in

19 regard to the potential impacts on gene flow between

20 the Roundup Ready alfalfa and non-GE alfalfa, on

21 weed development, on wildlife species, and on

22 species with special status, also known as

23 endangered or threatened species.

24 The Draft EIS also analyzes the

25 alternatives with regard to their impact on
Capital Reporting Company

Meeting 02-03-2010

(866) 448 - DEPO

www.CapitalReportingCompany.com © 2010

3

1 herbicide use, plant species, socioeconomic factors,

2 including conventional and organic alfalfa markets,

3 dairy and beef markets and general trade; human

4 health and safety, land use and production practices

5 and the physical environment including the soil, the

6 climate, air quality and water.

7 The Roundup Ready Alfalfa Draft EIS

8 addresses two aspects of the National Environmental

9 Policy Act implementation: The analysis

10 and consideration of potential impacts of the

11 proposed Federal action and the consideration of a

12 range of alternatives.

13 APHIS prepared this Draft EIS to comply

14 with the February 2007 judgment and order by the

15 United States District Court for the Northern

16 District of California. The Court did not overturn

17 APHIS's 2005 conclusion regarding the safety of

18 Roundup Ready alfalfa for food and meat purposes,

19 but rather concluded that APHIS had not adequately

20 documented the potential or the potential -- or the

21 lack of potential environmental impacts.

22 Based on this the impact analysis in the

23 Draft EIS APHIS has preliminarily concluded that

24 there is no significant impact on environment in

25 granting nonregulated status to Roundup Ready
Capital Reporting Company

Meeting 02-03-2010

(866) 448 - DEPO

www.CapitalReportingCompany.com © 2010

4

1 alfalfa.

2 However, I would like to emphasize that

3 this is a Draft EIS and not a final decision of the

4 regulatory status of Roundup Ready alfalfa. APHIS

5 must consider all public comments submitted during

6 the comment period before finalizing the EIS or

7 making any final decisions regarding the regulatory

8 status of Roundup Ready alfalfa. The comment period

9 on the draft EIS is 60 days and comments are due by

10 midnight, February 12th, 2010.

11 As part of the public participation

12 process we are having this meeting and other public

13 meetings to solicit comments from the public on the

14 draft EIS. Comments provided today, both verbally

15 and in writing, will be part of the official public

16 record and evaluated in the compilation of the final

17 EIS.

18 While I have a moment here I'd like to

19 take a chance to introduce some of the staff that's

20 with me here today. To my left here is Andi

21 Huberty. She is the branch chief of our regulatory

22 and environmental analysis branch. I got it right.

23 She's also the project lead and the lead scientist

24 on the draft EIS.

25 And then the individual back at the table
Capital Reporting Company

Meeting 02-03-2010

(866) 448 - DEPO

www.CapitalReportingCompany.com © 2010

5

1 that you met when you came in the door over there is

2 Rebecca Stankiewicz-Gabel. Rebecca is an

3 environmental protection specialist in our National

4 Environmental Policy Act implementation team. She

5 will also be taking over to finalize the EIS over

6 the next few months I guess, maybe the next six

7 months, depending on how long it takes.

8 Also in the very back of the room, if

9 you'll stand for a moment, is Dave Reinhold. He's

10 the assistant director of the environmental risk

11 analysis program and he's also the lead for the

12 deregulatory implementation team that we just

13 recently established in BRS.

14 And then finally somewhere in the room,

15 there he is, Michael Pina. He is our -- he's our

16 public affairs specialist from our legislative and

17 public affairs division. So if anybody here's from

18 the press or the media, he's here to help you

19 through the process as well.

20 Today we are going to provide you two

21 minutes to present your information. If you missed

22 being asked at the sign in if you wish to present

23 your comment, please do so now at the sign in table.

24 Rebecca will be our timer and will let you know when

25 your two minutes are up. We'd appreciate everyone
Capital Reporting Company

Meeting 02-03-2010

(866) 448 - DEPO

www.CapitalReportingCompany.com © 2010

6

1 being polite in responding.

2 In order to give everyone an equal

3 opportunity to speak it is necessary for us to

4 enforce the two minute time limit. Unfortunately

5 even if you are not finished within that time you

6 will -- we will have to move on to the next speaker.

7 We appreciate your cooperation and understanding.

8 When your name is called please come to

9 the front of the room so Rebecca can provide you

10 with a microphone. Please begin by stating and

11 spelling your name for the court reporter and

12 stating the organization that you are representing.

13 Your two minutes begin at this point.

14 If you haven't already done so, please

15 provide Rebecca with a written version of your

16 statement at the end of your two minute time period.

17 If we have time after all our speakers have finished

18 with their remarks we will have an informal poster

19 session in the back of the room. The purpose of the

20 poster session is to answer clarifying questions,

21 not to discuss and debate the issue or analysis of

22 the draft EIS.

23 It's very important to remember that any

24 comments made during this time are not going into

25 the official record. All comments must be provided
Capital Reporting Company

Meeting 02-03-2010

(866) 448 - DEPO

www.CapitalReportingCompany.com © 2010

7

1 either during the listening session which we'll

2 start in a few minutes, or as written comments. And

3 we do have a table in the back of the room where you

4 can write additional comments.

5 So with that I'd like to begin with the

6 first speaker. We're going to take them in order of

7 sign in. The first speaker, Mr. Chuck Essay. If

8 you are here, please come to the microphone at the

9 front of the room.

10 MR. ESSAY: Thank you. I just wanted to -

11 - appreciate our tax dollars are going to a good

12 cause today I feel.

13 MS. STANKIEWICZ-GABEL: Can you speak a

14 little closer to the mic.

15 COURT REPORTER: I also need your name.

16 MR. ESSAY: I'd like to -- okay. Name is

17 Chuck Essay. I'm representing Heartland Nebraska

18 Alfalfa Marketing Association. My wife and I own

19 approximately 1,000 acres of alfalfa we put up for -

20 - we try to put it up for dairy use in the Colorado

21 market. The acreage -- we have 130 acres of Roundup

22 Ready alfalfa, pre-ban that was planted. And we've

23 noticed over the last few years we're getting 15

24 percent more tonnage per acre and our cost of

25 production we feel is 75 percent lower because of
Capital Reporting Company

Meeting 02-03-2010

(866) 448 - DEPO

www.CapitalReportingCompany.com © 2010

8

1 the other chemical products we have to put on our

2 other 800 acres of traditional alfalfa, which costs

3 us between 30 and $40 an acre to treat weeds that

4 usually don't carry a suitable season. Where our

5 Roundup seems to take care of them in the spring and

6 we have no weed problems 'til usually the fall of

7 the year. I guess we also feel the herbicide of

8 Roundup Ready is better on the environment also.

9 As far as the water issue, I think we feel

10 Roundup Ready controls more weeds than the

11 traditional herbicides which brings us to use less

12 water when we're producing that just because we're

13 not feeding weeds with our water. And we all are in

14 Box Butte County on a moratorium on our water.

15 We're only allowed to use 16 inches of water a year

16 for four years, which will be up in 2011. And

17 that's my comments. Thank you.

18 MR. ABEL: The next speaker is Jerry

19 Ackerman.

20 MR. ACKERMAN: My name is Jerry Ackerman

21 from Lakefield, Minnesota. And I and my wife

22 produce approximately 350 to 400 acres of alfalfa

23 which we sell commercially. Our main customer is a

24 profitable dairy who produces beef and sheep and

25 also horses.
Capital Reporting Company

Meeting 02-03-2010

(866) 448 - DEPO

www.CapitalReportingCompany.com © 2010

9

1 Currently we're going to be seeding

2 approximately 150 acres this spring and we currently

3 have 55 acres of that Roundup Ready alfalfa that was

4 planted before the ban. This spring when we seed

5 we're not going to be able to use Roundup, so we'll

6 have to use other herbicides and they stunt the

7 alfalfa and we still have a weed problem. With the

8 Roundup does take out those weeds.

9 So my first cutting of alfalfa is

10 basically going to go to probably a beef producer

11 who will grind it up and mix it with other

12 ingredients, so it's not going to be top quality.

13 That's probably going to cost me about $100 an acre

14 just in the loss on that first cutting.

15 Now, I understand there are concerns about

16 Roundup Ready alfalfa getting mixed with other

17 alfalfa. But most growers cut their alfalfa in the

18 bud stage or, you know, early bloom and I really

19 don't know of any producers who let it go to seed.

20 And I think, at least I've talked with all of our

21 customers and asked if there was a preference, you

22 know, Roundup Ready or non Roundup Ready. They've

23 said we don't care as long as it's weed free.

24 I think, yes, the growers and the

25 regulators can work together because neighbors
Capital Reporting Company

Meeting 02-03-2010

(866) 448 - DEPO

www.CapitalReportingCompany.com © 2010

10

1 always talk to neighbors, what's getting planted

2 where, if there needs to be some concern to watch

3 out for it. And I thank you for listening to my

4 comments.

5 MR. ABEL: Thank you, Mr. Ackerman. The

6 next speaker is Steven Rice.

7 MR. RICE: My name is Steve Rice. I'm in a

8 partnership with my brother in Wilsonville, Nebraska

9 in Furnas County. We grow approximately 1500 acres

10 of alfalfa and we cut four to five times a year. We

11 have about 200 acres of Roundup Ready alfalfa that

12 we planted before it was taken off the market. And

13 in that first year we sprayed Roundup Ready alfalfa

14 one time and it took care of the weed issues that we

15 had completely for two years. We did not treat that

16 at all.

17 In retrospect, if you look at what we had

18 to do with our normal alfalfa, we spray actually 40

19 to $50 worth of herbicide every year and it doesn't

20 carry through the end of the year. Our top quality

21 alfalfa is our regular cuttings and we have had to

22 abandon some fields because of hybrid pigweed or

23 water hemp that we do not have a herbicide that

24 would control that weed.

25 If you lose the top quality cuttings
Capital Reporting Company

Meeting 02-03-2010

(866) 448 - DEPO

www.CapitalReportingCompany.com © 2010

11

1 repeatedly it costs you thousands and thousands of

2 dollars. You can't afford not to have -- usually to

3 clean up that stand of alfalfa to get the top dollar

4 and get the total control. It gives my customers a

5 better product, a more powerful, a more desirable

6 product, so it works not only for me economically,

7 it works for them economically. Thank you.

8 MR. ABEL: Thank you, Mr. Rice. Our next

9 speaker then will be Scott Gaites.

10 MR. GAITES: My name is Scott Gaites. My

11 wife and I farm in central Nebraska. Currently I

12 have 150 acres planted to alfalfa and that is

13 planted to Roundup Ready alfalfa.

14 I wouldn't have been able to plant the

15 alfalfa, the normal variety because the first

16 cutting is about 25 percent of my total production

17 for the year. And if it would've had the weeds in

18 it I would've got about half of what I got out of it

19 selling it as clean hay.

20 And when I sprayed it the first time the

21 weeds were about a foot and a half tall and the

22 alfalfa was about 12 inches tall and it just cleaned

23 it up. In two weeks it looked like a fourth cutting

24 stand.

25 And I'm looking at planting another field
Capital Reporting Company

Meeting 02-03-2010

(866) 448 - DEPO

www.CapitalReportingCompany.com © 2010

12

1 to alfalfa, but I'm waiting to get the Roundup

2 Ready. I just haven't figured out how to cash flow

3 without it. Thank you.

4 MR. ABEL: Thank you, Mr. Gaites. Our

5 next speaker, Paul Meyer.

6 MR. MEYER: I am Paul Meyer. That's

7 spelled P-a-u-l M-e-y-e-r. I'm an independent

8 alfalfa producer from West Point, Nebraska. West

9 Point is in Cumming County. And Cumming County

10 happens to be one of the most livestock intensive

11 counties in the United States.

12 We are part of a diversified livestock

13 intense, corn, soybean and some alfalfa rotation in

14 that county. And the amount of nutrients that are

15 being recycled through the manure to the corn and

16 soybeans and to the alfalfa of course present some

17 weed problems. And the biotechnology that we have

18 used in the corn and soybeans, then were able to use

19 for a little while in those alfalfa acres were a

20 tremendous benefit to allow us to raise higher

21 quality alfalfa and higher quality forages and

22 enable us to increase the income off of those

23 seeding acres that are discouraging some producers

24 from planting alfalfa. Because unless you can get

25 high quality hay and increase your tonnage off of
Capital Reporting Company

Meeting 02-03-2010

(866) 448 - DEPO

www.CapitalReportingCompany.com © 2010

13

1 that seeding year, people are shying away from

2 seeding alfalfa those years because if that -- the

3 ground has to produce a certain amount of dollars in

4 this day and age in order for a farm operation to

5 cash flow.

6 I'm not certain that every producer is

7 going to use Roundup Ready alfalfa, but I think it's

8 an important tool that we need to have as

9 progressive producers in order to continue to -- to

10 be that way and to strive to feed a world that needs

11 our -- all the food production we can -- we can put

12 forth. I don't see that it's going to be a problem.

13 You know, you hear all kinds of stories

14 about how this is bad and that's bad, but I think

15 there's been enough science put forth that it's

16 going to enable us to use all of these different

17 tools to produce quality food products.

18 MR. ABEL: Thank you, Mr. Meyer. Our next

19 speaker will be Dale Strickler.

20 MR. STRICKLER: I am Dale Strickler. I am

21 a small rancher in north central Kansas. And I

22 could speak about what Roundup Ready alfalfa from my

23 operation, but there's a much bigger issue.

24 I'm a human being. I live on a planet

25 where 20 million people die each year of
Capital Reporting Company

Meeting 02-03-2010

(866) 448 - DEPO

www.CapitalReportingCompany.com © 2010

14

1 malnutrition. 85 percent of those, according to the

2 United Nations, are children under the age of five.

3 80 percent of those die from lack of dietary

4 protein.

5 Alfalfa, as a plant, produces more protein

6 per unit land mass than any other plant on the face

7 of the earth. That's why we grow it. But it's not

8 directly edible to humans, so we have to run it

9 through livestock in order to convert it into a

10 human edible form. There's a problem with that. If

11 you graze livestock directly on it it causes bloat.

12 It can be fatal to livestock.

13 So the use of alfalfa, the world's most

14 productive per acre protein plant, is limited to the

15 countries where people own swathers and balers.

16 Now, however under development is

17 genetically modified alfalfa that doesn't cause

18 bloat. This would allow the use of alfalfa to be

19 expanded to sub Saharan African and other places

20 around the world where protein deficiency is most

21 rampant.

22 My concern about Roundup Ready alfalfa,

23 this is the first of a number of traits coming along

24 that can provide the solution to curing world

25 hunger. Only in a country where obesity is rampant
Capital Reporting Company

Meeting 02-03-2010

(866) 448 - DEPO

www.CapitalReportingCompany.com © 2010

15

1 do we have the arrogance to take technology off the

2 shelf that could save approximately 14 million lives

3 a year of little children from lack of protein.

4 Thank you.

5 MR. ABEL: Thank you, Mr. Strickler. Our

6 next speaker then will be Mr. Keith Kennedy.

7 MR. KENNEDY: Keith Kennedy with the

8 Wyoming Ag Business Association and also with the

9 Wyoming Crop Improvement Association. And in that

10 regard I represent almost 60 farmers who grow nearly

11 17,000 acres of seed alfalfa every year. We support

12 the preferred alternative in the draft EIS regarding

13 Roundup Ready alfalfa and would appreciate the

14 agency moving rapidly toward publication of the

15 final EIS after due consideration and pertinent

16 science based comments.

17 Alfalfa farmers deserve to have the same

18 range of choices that are available to other farmers

19 around the world in crops such as soy beans, corn,

20 cotton and canola. We also appreciate the Agency's

21 efforts regarding 7 CFR 340 and would urge the

22 agency to further consider modifications in the

23 existing rule that would consider how the agency

24 evaluates advances that have or may be approved in

25 other countries prior to their entering the U.S.
Capital Reporting Company

Meeting 02-03-2010

(866) 448 - DEPO

www.CapitalReportingCompany.com © 2010

16

1 Regulatory scene.

2 Such a model can currently be found in the

3 Environmental Protection Agency where crop

4 protection chemicals are evaluated in Canada and in

5 Mexico, as well as the U.S. concurrently.

6 As I also represent many farmers who are

7 sugar beet producers, we hope for all of our sakes

8 that over the next several months the exact

9 requirements to grant nonregulated status to other

10 crops are also made clear. Thank you.

11 MR. ABEL: Thank you, Mr. Kennedy. Our

12 next speaker will be Mr. Jeff Row.

13 MR. ROW: Hello. My name is Jeff Row. I'm

14 from Brady, Nebraska and I farm with my father and

15 my brother in a diversified ag operation. And we

16 currently have 160 acres of Roundup Ready alfalfa.

17 And it's a crop that benefits us as we

18 sell all our hay to the commercial market and it's a

19 way to cash flow in our years when the corn and the

20 soy beans aren't making the money that the alfalfa

21 can make.

22 When we planted our alfalfa we sprayed

23 Roundup in the establishment year and we didn't

24 spray it the second year. We sprayed once in the

25 third year and I bordered the fields last year.
Capital Reporting Company

Meeting 02-03-2010

(866) 448 - DEPO

www.CapitalReportingCompany.com © 2010

17

1 It's a way to clean up the water hemp and the

2 ragweed in our area which is hard to control with

3 any other chemical on the market. And also the

4 grass that develops on the end rows where you turn

5 with your equipment, as the stand ages the grass

6 starts to get worse, but with this technology we can

7 keep those fields clean.

8 As per the requirements of the Court

9 ruling I inform all my customers that it is Roundup

10 Ready. And they said, good, clean hay. I haven't

11 had anybody turn down Roundup Ready hay. They enjoy

12 the weed free qualities of hay that we produce.

13 I believe this technology can coexist

14 peacefully with the organic growers. I also believe

15 that this technology is important to the industry

16 and should be made available with the due caution

17 that we've shown so far and you've shown going

18 through the lengthy process of developing an EIS

19 study for it.

20 I think this will benefit growers that

21 grow alfalfa and I, with the previous speaker, don't

22 believe everybody will grow Roundup Ready alfalfa,

23 but I believe it's important to have it available to

24 those growers that wish to use it. And I believe it

25 can peacefully coexist with the other technologies
Capital Reporting Company

Meeting 02-03-2010

(866) 448 - DEPO

www.CapitalReportingCompany.com © 2010

18

1 out there available. Thank you.

2 MR. ABEL: Thank you, Mr. Row. Mike, do

3 you have any other people who've signed in?

4 The next speaker will be Mr. John Wood.

5 MR. WOOD: I'm John Wood. We live near

6 Miller, Nebraska and my farming operation is located

7 in Butler County, Nebraska. Our principal crops are

8 alfalfa, corn, soybeans and we also operate a

9 cow/calf herd of livestock.

10 My alfalfa production is shipped to dairy

11 and beef markets throughout the eastern United

12 States, as well as fed to my own herd. I would very

13 much like to see the Roundup tolerant alfalfa

14 commercialized. For my operation it allows better

15 weed control and it solved some of the problems I

16 had with timing of application in the current

17 herbicides available. Current chemicals often

18 require treatment prior to breaking dormancy and

19 Roundup allows a more timely application without the

20 possible hit and miss with early spring window.

21 I would also use this product to produce a

22 higher quality product which would save water by

23 eliminating the use -- by eliminating the use of

24 this resource by undesirable weeds.

25 I'm the fourth generation to farm the
Capital Reporting Company

Meeting 02-03-2010

(866) 448 - DEPO

www.CapitalReportingCompany.com © 2010

19

1 ground that we own and with each generation I desire

2 to use the latest in technology. Just as

3 genetically engineered corn and soy beans have

4 allowed us to prosper while protecting the

5 environment, I would propose the origin progress on

6 a like market also keep pace with the row crops.

7 Without improvements in technology the on

8 farm diversity of crops will suffer in favor of

9 monoculture corn. I believe the marketplace is well

10 able to provide all these tenants necessary to

11 provide differentiation of genetically modified and

12 conventional alfalfa and that that would not be a

13 problem in the future. Thank you.

14 MR. ABEL: Thank you, Mr. Wood. And that

15 concludes the oral presentations from those who

16 signed in. I'd like to make this opportunity to

17 those of you who joined us who decided not to speak,

18 if you wish to come forward, state your name and

19 present an oral comment if you would like. If not,

20 then we will be here until 6 o'clock tonight

21 approximately. And we'll make ourselves available

22 in the back and have an informal poster

23 presentation.

24 Once again, I'd remind you that during

25 this period of time comments that you might make are
Capital Reporting Company

Meeting 02-03-2010

(866) 448 - DEPO

www.CapitalReportingCompany.com © 2010

20

1 not part of the official record. If you'd like to

2 make a comment and talk to us in the back, we have

3 provided an area to the left of me where we have

4 copies of the EIS, along with some forms to fill out

5 and a box to put those forms into where you can

6 actually write some comments down on paper and we'll

7 take that as part of the official record.

8 I'd like to thank you all again for coming

9 out here on this chilly evening. I know the weather

10 is starting to get bad in the neighborhood, so I

11 appreciate you taking the time to stay around with

12 us today. Thank you.

13 (Off-the-record.)

14 MR. ABEL: Mr. Freed.

15 MR. FREED: Good afternoon. My name is

16 Martin Henry Freed. I'm a past board member of the

17 Nebraska Alfalfa Marketing Association, after having

18 served approximately six years in that capacity. I

19 am a fourth generation farmer from Loomis, Nebraska,

20 in Phelps County. And I'm here today to express my

21 views and concerns in this public comment period

22 over the use and possible reinstatement of Roundup

23 Ready alfalfa.

24 I believe this will help me, the use of

25 Roundup Ready alfalfa I believe is important for my
Capital Reporting Company

Meeting 02-03-2010

(866) 448 - DEPO

www.CapitalReportingCompany.com © 2010

21

1 family operation in its ability to be very cost

2 effective and without residue. We do have good

3 chemicals to use on -- for weed control, however

4 they have a -- can have a residual impact. The use

5 of Roundup, which is inert, means that I'm not

6 limited in my ability to rotate crops and I find

7 that to help my bottom line. I do not have any

8 qualms in use of the genetic targeted or the genetic

9 modifications and I would like to have this

10 reinstated. Thank you.

11 MR. ABEL: Thank you, Mr. Freed. We

12 appreciate it.

13 **PUBLIC HEARING ADJOURNED**

14

15

16

17

18

19

20

21

22

23

24

25
Capital Reporting Company

Meeting 02-03-2010

(866) 448 - DEPO

www.CapitalReportingCompany.com © 2010

22

1 CERTIFICATE OF NOTARY PUBLIC

2

3 I, Linda A. Norris, Electronic Reporter and General

4 Notary Public, do hereby certify that the foregoing

5 Transcript of Public Hearing is correct and complete,

6 and contains all matters required to be included

7 herein; and that the Transcript of Public Hearing was

8 reduced to writing by me or under my direction; That

9 the foregoing Transcript of Public Hearing was taken by

10 me at the time and place herein specified; That I am

11 not counsel, attorney or relative or otherwise

12 interested in the outcome event of this matter.

13

14 In testimony whereof, I have placed my hand and

15 notarial seal this ______ day of ___________, 2010.

16

17

18 __________________________

19 LINDA A. NORRIS

20 Electronic Reporter and

21 General Notary Public

22

23

24

25
Capital Reporting Company

Meeting 02-03-2010

Page 1

(866) 448 - DEPO

www.CapitalReportingCompany.com

 © 2010

$

$100 9:12

$40 8:2

$50 10:18

1

1,000 7:18

12 11:21

12th 4:9

130 7:20

14 15:1

15 7:22

150 9:1 11:11

1500 10:8

16 8:14

160 16:15

17,000 15:10

2

20 13:24

200 10:10

2005 3:16

2007 3:13

2010 1:7 4:9 22:15

2011 8:15

25 11:15

3

3 1:7,8

30 8:2

340 15:20

350 8:21

3807 1:10

4

40 10:17

400 8:21

45B 22:20

5

55 9:2

6

6 1:8 19:19

60 4:8 15:9

68735 22:21

68847 1:10

7

7 15:20

75 7:24

8

80 14:2

800 8:1

85 13:25

85931 22:20

A

abandon 10:21

ABEL 2:1 8:17

10:4 11:7 12:3

13:17 15:4 16:10

18:1 19:13 20:13

21:10

ability 20:25 21:5

able 9:4 11:13

12:17 19:9

according 13:25

Ackerman 8:18,19

10:4

acre 7:23 8:2 9:12

14:13

acreage 7:20

acres 7:18,20

8:1,21 9:1,2

10:8,10 11:11

12:18,22 15:10

16:15

Act 3:8 5:3

action 3:10

actually 10:17

20:5

additional 7:3

addresses 3:7

adequately 3:18

ADJOURNED

21:12

advances 15:23

affairs 5:15,16

afford 11:1

African 14:18

afternoon 2:1,2

20:14

ag 15:7 16:14

age 13:3 14:1

agency

15:13,21,22 16:2

Agency's 15:19

ages 17:4

AGRICULTURE

1:3

air 3:5

alfalfa 1:5

2:7,10,11,13,16,

19 3:1,6,17,25

4:3,7 7:17,18,21

8:1,21

9:2,6,8,15,16

10:9,10,12,17,20

11:2,11,12,14,21

,25

12:7,12,15,18,20

,23 13:1,6,21

14:4,12,16,17,21

15:10,12,16

16:15,19,21

17:20,21

18:7,9,12 19:11

20:16,22,24

allow 12:19 14:17

allowed 8:14 19:3

allows 18:13,18

already 6:13

alternative 15:11

alternatives

2:14,17,24 3:11

am 12:5 13:19

20:18 22:11

amount 12:13 13:2

analysis 3:8,21

4:21 5:10 6:20

analyzed 2:17

analyzes 2:23

Andi 4:19

Animal 1:3 2:4

answer 6:19

anybody 5:16

17:10

APHIS 2:14,17

3:12,18,22 4:3

APHIS-2007-0044

1:6

APHIS's 3:16

application

18:15,18

appreciate 5:24

6:6 7:10

15:12,19 20:10

21:11

approved 15:23

approximately

7:18 8:21 9:1

10:8 15:1 19:20
Capital Reporting Company

Meeting 02-03-2010

Page 2

(866) 448 - DEPO

www.CapitalReportingCompany.com

 © 2010

20:17

area 17:1 20:2

aren't 16:19

arrogance 14:25

aspects 3:7

assistant 5:9

Association 7:17

15:7,8 20:16

attorney 22:12

available 15:17

17:15,22,25

18:16 19:20

AVENUE 1:10

away 12:25

B

bad 13:13 20:9

balers 14:14

ban 9:3

based 3:21 15:15

basically 9:9

beans 15:18 16:19

19:2

beef 3:2 8:23 9:9

18:10

beet 16:6

begin 6:9,12 7:4

believe

17:12,13,21,22,2

3 19:8 20:23,24

benefit 12:19

17:19

benefits 16:16

better 8:7 11:4

18:13

bigger 13:22

biotechnology

12:16

bloat 14:10,17

bloom 9:17

board 20:15

bordered 16:24

bottom 21:6

box 8:13 20:4

Brady 16:13

branch 4:20,21

breaking 18:17

brings 8:10

brother 10:7 16:14

BRS 5:12

bud 9:17

BUFFALO 1:9

Business 15:7

Butler 18:6

Butte 8:13

C

California 3:15

Canada 16:3

canola 15:19

capacity 20:17

care 8:4 9:22

10:13

carry 8:3 10:19

cash 12:1 13:4

16:18

cause 7:11 14:16

causes 14:10

caution 17:15

CENTER 1:9

central 11:10

13:20

certain 13:2,5

certify 22:5

CFR 15:20

chance 4:18

chemical 7:25 17:2

chemicals 16:3

18:16 21:2

chief 4:20

children 14:1 15:2

chilly 20:8

choices 15:17

Chuck 7:6,16

clarifying 6:19

clean 11:2,18

16:25 17:6,9

cleaned 11:21

clear 16:9

climate 3:5

closer 7:13

coexist 17:12,24

Colorado 7:19

coming 2:2 14:22

20:7

comment 1:4 4:5,7

5:22 19:18

20:1,20

comments 2:4

4:4,8,12,13

6:23,24 7:1,3

8:16 10:3 15:15

19:24 20:5

commercial 16:17

commercialized

18:13

commercially 2:9

8:22

commonly 2:10

compilation 4:15

complete 22:6

completely 10:14

comply 3:12

concern 10:1

14:21

concerns 9:14

20:20

concluded 3:18,22

concludes 19:14

conclusion 3:16

concurrently 16:4

CONDUCTED

1:2

consider 4:4

15:21,22

consideration

3:9,10 15:14

considered 2:14

contains 22:7

continue 13:8

control 10:23 11:3

17:1 18:14 21:2

controls 8:9

conventional 3:1

19:11

convert 14:8

cooperation 6:6

copies 20:3

corn 12:12,14,17

15:18 16:18 18:7

19:2,8

correct 22:6

cost 7:23 9:12

20:25

costs 8:1 10:25

cotton 15:19

counsel 22:12
Capital Reporting Company

Meeting 02-03-2010

Page 3

(866) 448 - DEPO

www.CapitalReportingCompany.com

 © 2010

counties 12:10

countries 14:14

15:24

country 14:24

county 1:9 8:13

10:8 12:8,13

18:6 20:19

course 12:15

court 3:14,15 6:10

7:14 17:7

cow/calf 18:8

crop 15:8 16:2,16

crops 15:18 16:9

18:6 19:5,7 21:5

Cumming 12:8

curing 14:23

current 18:15,16

currently 8:25 9:1

11:10 16:1,15

customer 8:22

customers 9:20

11:3 17:8

cut 9:16 10:9

cutting 9:8,13

11:15,22

cuttings 10:20,24

D

dairy 3:2 7:19

8:23 18:9

Dale 13:18,19

Dave 5:8

day 13:3 22:15

days 4:8

debate 6:20

decided 19:16

decision 4:2

decisions 4:6

deficiency 14:19

DEPARTMENT

1:3

depending 5:6

deregulating 2:7

deregulatory 5:11

deserve 15:16

desirable 11:4

desire 18:25

developing 17:17

development 2:20

14:15

develops 17:3

die 13:24 14:2

dietary 14:2

different 13:15

differentiation

19:10

direction 22:9

directly 14:7,10

director 5:9

discouraging

12:22

discuss 6:20

District 3:14,15

diversified 12:11

16:14

diversity 19:7

division 5:16

DOCKET 1:6

documented 3:19

dollar 11:2

dollars 7:10 11:1

13:2

done 6:13

door 4:25

dormancy 18:17

draft 1:5 2:5,15,23

3:6,12,22

4:2,8,13,23 6:21

15:11

due 4:8 15:14

17:15

during 4:4 6:23,25

19:23

E

early 9:17 18:19

earth 14:6

eastern 18:10

economically

11:5,6

edible 14:7,9

effective 21:1

efforts 15:20

EIS 2:11,15,23

3:6,12,22

4:2,5,8,13,16,23

5:4 6:21

15:11,14 17:17

20:3

either 6:25

Electronic 22:4,19

eliminating 18:22

emphasize 4:1

enable 12:21 13:15

endangered 2:22

enforce 6:3

engineered 2:8

19:2

enjoy 17:10

entering 15:24

environment 2:5

3:4,23 8:7 19:4

environmental 1:5

2:7 3:7,20 4:21

5:2,3,9 16:2

equal 6:1

equipment 17:4

Essay 7:6,9,15,16

established 5:12

establishment

16:22

evaluated 4:15

16:3

evaluates 15:23

evaluating 2:6

evening 20:8

event 22:13

everybody 17:21

everyone 5:24 6:1

Ewing 22:21

exact 16:7

EXHIBIT 1:9

existing 15:22

expanded 14:18

express 20:19

F

face 14:5

factors 2:25

FAIRGROUNDS

1:9

fall 8:5

family 20:25

farm 11:10 13:3

16:13 18:24 19:7

farmer 20:18

farmers 15:9,16,17

16:5
Capital Reporting Company

Meeting 02-03-2010

Page 4

(866) 448 - DEPO

www.CapitalReportingCompany.com

 © 2010

farming 18:5

fatal 14:11

father 16:13

favor 19:7

February 1:7 3:13

4:9

fed 18:11

Federal 3:10

feed 13:9

feeding 8:12

feel 7:11,24 8:6,8

field 11:24

fields 10:21 16:24

17:6

figured 12:1

fill 20:3

final 4:2,6,15

15:14

finalize 5:4

finalizing 4:5

finally 5:13

finished 6:4,16

first 7:5,6 9:8,13

10:12 11:14,19

14:22

five 10:9 14:1

flow 2:18 12:1

13:4 16:18

food 3:17 13:10,16

foot 11:20

forages 12:20

foregoing 22:5,10

form 14:9

forms 20:3,4

forth 13:11,14

forward 19:17

fourth 11:22 18:24

20:18

free 9:22 17:11

Freed 20:13,14,15

21:10

front 6:8 7:8

Furnas 10:8

future 19:12

G

Gaites 11:8,9 12:3

GE 2:10,11

gene 2:18

general 3:2

22:4,20

generation

18:24,25 20:18

genetic 21:7

genetically 2:8

14:16 19:2,10

getting 7:22

9:15,25

gives 11:3

glyphosate 1:5 2:9

glyphosatetolerant 2:12

grant 2:15 16:8

granting 3:24

grass 17:3,4

graze 14:10

grind 9:10

ground 13:2 18:25

grow 10:8 14:6

15:9 17:20,21

growers 9:16,23

17:13,19,23

GT 2:13

guess 5:5 8:6

H

half 11:17,20

hand 22:14

happens 12:9

hard 17:1

haven't 6:13 12:1

17:9

having 4:11 20:16

hay 11:18 12:24

16:17 17:9,10,11

health 1:3 2:5 3:3

hear 13:12

Hearing 21:12

22:6,8,10

Heartland 7:16

HELD 1:7

Hello 16:12

help 5:17 20:23

21:6

hemp 10:22 16:25

Henry 20:15

herbicide 2:9,25

8:6 10:18,22

herbicides 8:10

9:5 18:16

herd 18:8,11

hereby 22:5

herein 22:8,11

here's 5:16

he's 5:8,10,14,17

high 12:24

higher 12:19,20

18:21

Highway 22:20

hit 18:19

hope 16:6

horses 8:24

Huberty 4:20

human 3:2 13:23

14:9

humans 14:7

hunger 14:24

hybrid 10:21

I

I'd 4:17 7:4,15

19:15,23 20:7

I'm 7:16 10:6

11:24,25 12:6

13:5,23 16:12

18:4,24 20:15,19

21:4

impact 1:5 2:6,24

3:21,23 21:3

impacts 2:7,18

3:9,20

implementation

3:8 5:3,11

important 2:2

6:22 13:7

17:14,22 20:24

Improvement 15:8

improvements

19:6

inches 8:14 11:21

included 22:7

including 3:1,4

income 12:21

increase 12:21,24

independent 12:6

individual 4:24

industry 17:14

inert 21:4
Capital Reporting Company

Meeting 02-03-2010

Page 5

(866) 448 - DEPO

www.CapitalReportingCompany.com

 © 2010

inform 17:8

informal 6:17

19:21

information 5:20

ingredients 9:11

Inspection 1:3 2:5

intense 12:12

intensive 12:9

interested 22:13

introduce 4:18

issue 6:20 8:8

13:22

issues 10:13

it's 6:22 9:11,22

13:6,11,14 14:6

16:16,17,25

17:22

I've 9:19

J

Jeff 16:11,12

Jerry 8:17,19

John 18:3,4

joined 19:16

judgment 3:13

K

Kansas 13:20

KEARNEY 1:10

Keith 15:5,6

Kennedy 15:5,6

16:10

kinds 13:12

known 2:9,21

L

lack 3:20 14:2 15:2

Lakefield 8:20

land 3:3 14:5

last 7:22 16:24

latest 19:1

lead 4:22 5:10

least 9:19

legislative 5:15

lengthy 17:17

less 8:10

limit 6:3

limited 14:13 21:5

Linda 22:4,19

line 21:6

lines 2:15

listening 6:25 10:2

little 7:13 12:18

15:2

live 13:23 18:4

lives 15:1

livestock 12:9,11

14:8,10,11 18:8

located 18:5

long 5:6 9:22

Loomis 20:18

lose 10:24

loss 9:13

lower 7:24

M

main 8:22

maintain 2:16

malnutrition

13:25

manure 12:14

market 7:20 10:11

16:17 17:2 19:5

Marketing 7:17

20:16

marketplace 19:8

markets 3:1,2

18:10

Martin 20:15

mass 14:5

matter 22:13

matters 22:7

may 15:23

maybe 5:5

means 21:4

meat 3:17

media 5:17

meeting 1:1 2:2,3

4:11

meetings 4:12

member 20:15

met 4:25

Mexico 16:4

Meyer 12:4,5

13:17

M-e-y-e-r 12:6

MEYER 12:5

mic 7:13

Michael 5:14

microphone 6:9

7:7

midnight 4:9

Mike 18:1

Miller 18:5

million 13:24 15:1

Minnesota 8:20

minute 6:3,15

minutes 5:20,24

6:12 7:1

miss 18:19

missed 5:20

mix 9:10

mixed 9:15

model 16:1

modifications

15:21 21:8

modified 14:16

19:10

moment 4:17 5:8

money 16:19

monoculture 19:8

months 5:5,6 16:7

moratorium 8:13

move 6:5

moving 15:13

N

National 3:7 5:2

Nations 14:1

nearly 15:9

Nebraska 1:10

7:16 10:7 11:10

12:7 16:13

18:5,6 20:16,18

22:21

necessary 6:2 19:9

neighborhood

20:9

neighbors 9:24,25

non 9:21

non-GE 2:19

nonregulated 2:15

3:24 16:8

normal 10:17

11:14

Norris 22:4,19
Capital Reporting Company

Meeting 02-03-2010

Page 6

(866) 448 - DEPO

www.CapitalReportingCompany.com

 © 2010

north 13:20

Northern 3:14

notarial 22:14

Notary 22:5,20

noticed 7:22

nutrients 12:13

O

obesity 14:24

o'clock 19:19

official 4:14 6:24

19:25 20:6

Off-the-record

20:12

okay 7:15

operate 18:7

operation 13:3,22

16:14 18:5,13

20:25

opportunity 6:2

19:15

oral 19:14,18

order 3:13 6:1 7:5

13:3,8 14:8

organic 3:1 17:13

organization 6:11

origin 19:4

otherwise 22:12

ourselves 19:20

outcome 22:13

overturn 3:15

P

P.M 1:8

pace 19:5

paper 20:5

participation 4:10

partnership 10:7

past 20:15

Paul 12:4,5

P-a-u-l 12:6

peacefully

17:13,24

people 12:25 13:24

14:14 18:2

per 7:23 14:5,13

17:7

percent 7:23,24

11:15 13:25 14:2

period 4:5,7 6:15

19:24 20:20

pertinent 15:14

Phelps 20:19

physical 3:4

pigweed 10:21

Pina 5:14

placed 22:14

places 14:18

planet 13:23

plant 1:3 2:5,25

11:13 14:4,5,13

planted 7:21

9:3,25 10:11

11:11,12 16:21

planting 11:24

12:23

please 5:22

6:7,9,13 7:7

point 6:12 12:7,8

Policy 3:8 5:3

polite 5:25

possible 18:19

20:21

poster 6:17,19

19:21

potential 2:6,18

3:9,19,20

powerful 11:4

practices 3:3

pre-ban 7:21

preference 9:20

preferred 15:11

preliminarily 3:22

prepared 3:12

present 5:20,21

12:15 19:18

presentation 19:22

presentations

19:14

press 5:17

previous 17:20

principal 18:6

prior 15:24 18:17

probably 9:9,12

problem 9:6 13:11

14:9 19:12

problems 8:5

12:16 18:14

process 4:11 5:18

17:17

produce 8:21

13:2,16 17:11

18:20

producer 9:9 12:7

13:5

producers 9:18

12:22 13:8 16:6

produces 8:23

14:4

producing 8:11

product 11:4,5

18:20,21

production 3:3

7:24 11:15 13:10

18:9

productive 14:13

products 7:25

13:16

profitable 8:23

program 5:10

progress 19:4

progressive 13:8

project 4:22

propose 19:4

proposed 3:10

prosper 19:3

protecting 19:3

protection 5:2

16:2,3

protein

14:3,4,13,19

15:2

provide 5:19

6:8,14 14:23

19:9,10

provided 4:13

6:24 20:2

public 1:1,4 2:3,4

4:4,10,11,12,14

5:15,16 20:20

21:12

22:5,6,8,10,20

publication 15:13

purpose 1:4 6:18

purposes 3:17

Q

qualities 17:11

quality 3:5 9:11

10:19,24
Capital Reporting Company

Meeting 02-03-2010

Page 7

(866) 448 - DEPO

www.CapitalReportingCompany.com

 © 2010

12:20,24 13:16

18:21

qualms 21:7

questions 6:19

R

ragweed 17:1

raise 12:19

rampant 14:20,24

rancher 13:20

range 3:11 15:17

rapidly 15:13

rather 3:18

Ready 1:5

2:11,16,19

3:6,17,24 4:3,7

7:21 8:7,9

9:2,15,21

10:10,12 11:12

12:1 13:6,21

14:21 15:12

16:15 17:9,10,21

20:22,24

really 9:17

Rebecca 5:1,23

6:8,14

recently 5:12

record 4:15 6:24

19:25 20:6

recycled 12:14

reduced 22:9

referred 2:10,12

regard 2:18,24

15:9

regarding 3:16 4:6

15:11,20

regular 10:20

regulated 2:17

regulators 9:24

regulatory

4:3,6,20 15:25

Reinhold 5:8

reinstated 21:9

reinstatement

20:21

relative 22:12

remarks 6:17

remember 6:22

remind 19:23

repeatedly 10:25

reporter 6:10 7:14

22:4,20

represent 15:9

16:5

representing 6:11

7:16

require 18:17

required 22:7

requirements 16:8

17:7

residual 21:3

residue 21:1

resistant 2:8

resource 18:23

responding 5:25

retrospect 10:16

Rice 10:5,6 11:7

risk 5:9

room 5:7,13 6:8,18

7:2,8

rotate 21:5

rotation 12:12

Roundup 1:5

2:10,11,16,19

3:6,17,24 4:3,7

7:20 8:4,7,9

9:2,4,7,15,21

10:10,12

11:12,25 13:6,21

14:21 15:12

16:15,22

17:8,10,21

18:12,18

20:21,24 21:4

row 16:11,12 18:1

19:5

rows 17:3

rule 15:22

ruling 17:8

run 14:7

S

safety 3:3,16

Saharan 14:18

sakes 16:6

save 15:1 18:21

scene 15:25

science 13:14

15:15

scientist 4:22

Scott 11:8,9

seal 22:15

season 8:3

second 2:3 16:23

seed 9:3,18 15:10

seeding 8:25

12:22,25 13:1

seems 8:4

sell 8:22 16:17

selling 11:18

served 20:17

SERVICE 1:3

Services 2:5

session 6:18,19,25

several 16:7

sheep 8:23

shelf 15:1

She's 4:22

shipped 18:9

shown 17:16

shying 12:25

sign 5:21,22 7:6

signed 18:2 19:15

significant 3:23

six 5:5 20:17

small 13:20

socioeconomic

2:25

soil 3:4

solicit 2:4 4:12

solution 14:23

solved 18:14

somewhere 5:13

soy 15:18 16:19

19:2

soybean 12:12

soybeans 12:15,17

18:7

speak 6:2 7:12

13:21 19:16

speaker 6:5 7:5,6

8:17 10:5 11:8

12:4 13:18 15:5

16:11 17:20 18:3

speakers 6:16

special 2:21

specialist 5:2,15

species

2:20,21,22,25
Capital Reporting Company

Meeting 02-03-2010

Page 8

(866) 448 - DEPO

www.CapitalReportingCompany.com

 © 2010

specified 22:11

spelled 12:6

spelling 6:10

spray 10:17 16:23

sprayed 10:12

11:19 16:21,23

spring 8:4 9:1,3

18:19

staff 4:18

stage 9:17

stand 5:8 11:2,23

17:4

StankiewiczGabel 5:1 7:12

start 7:1

starting 20:9

starts 17:5

state 19:17

statement 1:5 2:6

6:15

States 1:3 3:14

12:10 18:11

stating 6:9,11

status 2:15,16,21

3:24 4:3,7 16:8

stay 20:10

Steve 10:6

Steven 10:5

stories 13:12

Strickler 13:18,19

15:4

strive 13:9

stunt 9:5

sub 14:18

submitted 4:4

suffer 19:7

sugar 16:6

suitable 8:3

support 15:10

swathers 14:14

T

table 4:24 5:22 7:2

taking 5:4 20:10

talk 9:25 20:1

talked 9:19

tall 11:20,21

targeted 21:7

tax 7:10

team 5:3,11

technologies 17:24

technology 14:25

17:5,12,14

19:1,6

tenants 19:9

testimony 22:14

thank 2:1 7:9 8:16

10:2,4 11:6,7

12:2,3 13:17

15:3,4 16:9,10

17:25 18:1

19:12,13 20:7,11

21:9,10

that's 4:18 8:16

9:12 12:5 13:13

14:6

there's 13:14,22

14:9

They've 9:21

third 16:24

thousands 10:25

threatened 2:22

throughout 18:10

til 8:5

timely 18:18

timer 5:23

today 4:13,19 5:19

7:11 20:11,19

Today's 2:3

tolerant 1:5 18:12

tonight 19:19

tonnage 7:23

12:24

tool 13:7

tools 13:16

top 9:11 10:19,24

11:2

total 11:3,15

toward 15:13

trade 3:2

traditional 8:1,10

traits 14:22

Transcript 1:1

22:6,8,10

treat 8:2 10:14

treatment 18:17

tremendous 12:19

try 7:19

turn 17:3,10

U

U.S 15:24 16:4

understand 9:14

understanding 6:6

undesirable 18:23

Unfortunately 6:3

unit 14:5

United 1:3 3:14

12:10 14:1 18:10

unless 12:23

urge 15:20

usually 8:3,5 11:1

V

variety 2:12 11:14

verbally 4:13

version 6:14

views 20:20

W

waiting 11:25

watch 10:1

water 3:5

8:8,11,12,13,14

10:22 16:25

18:21

weather 20:8

We'd 5:24

weed 2:20 8:5

9:6,22 10:13,23

12:16 17:11

18:14 21:2

weeds 8:2,9,12 9:7

11:16,20 18:23

weeks 11:22

we'll 6:25 9:4

19:20 20:5

we're 7:5,22

8:11,14,25 9:4

West 12:7

we've 7:21 17:16

whereof 22:14

who've 18:2

wife 7:17 8:20

11:10

wildlife 2:20

Wilsonville 10:7

window 18:19
Capital Reporting Company

Meeting 02-03-2010

Page 9

(866) 448 - DEPO

www.CapitalReportingCompany.com

 © 2010

wish 5:21 17:23

19:17

Wood 18:3,4

19:13

work 9:24

works 11:5,6

world 13:9

14:19,23 15:18

world's 14:12

worse 17:5

worth 10:18

would've 11:16,17

write 7:3 20:5

writing 4:14 22:9

written 6:14 7:1

Wyoming 15:7,8

Y

you'll 5:8

you've 17:16