Ag Law Review Midterm quiz 4 Flashcards


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1

Under the Coordinated Framework, what is the EPA's key statute and what is the agency's primary mandate under the statute?

FIFRA: Must ensure that the pesticide will not pose unreasonable risks of harm to human health or the environment.

2

Which country has banned the cultivation and import of GMO crops?

Russia

3

Define a Regulated Article?

Organisms that are known or suspected to be plant pests or to pose a plant pest risk.

4

Under the Coordinated Framework, what is USDA-APHIS' key statute and what is the agency's primary mandate under the statute?

PPA; Must prevent the introduction or dissemination of plant pests in the Unites States

5

Which of the following best explains the difference between a Plant-Incorporated Protectant (PIP) and Herbicide-Tolerant (HT) crops.

PIP crops are plants that have had genes inserted causing the plants to produce a pesticide inside its own tissues, whereas HT crops contain new genes that allow the crop to withstand herbicides.

6

Which of the following best describes the Coordinated Framework for the Regulation of Biotechnology?

It describes the Federal system for evaluating products developed using modern biotechnology

7

Which of the following is not one of the guiding principles that agencies must observe when interpreting and enforcing the Coordinated Framework?

Agencies must take into account public acceptance and social license when considering novel biotechnology products.

Agencies should define those transgenic organisms subject to review to the extent permitted by their respective statutory authorities

Agencies are required to focus on the characteristics and risks of the biotechnology product, not the process by which it was created

Agencies are mandated to exercise oversight of GE organisms only when there is evidence of "unreasonable" risk.

Agencies must take into account public acceptance and social license when considering novel biotechnology products.

8

True or false? Since the RFS was enacted, Congress has kept up with the statutory mandated increases in the levels of renewable fuel sources that must be blended into our fuel system.

False

9

Which of the following is not one of the three principle assumptions incorporated in the Coordinated Framework?

The approval of products produced using biotechnology should be subject to rigorous agency examination.

The creation of new laws to regulate the products of genetic engineering is unnecessary.

Existing laws can address regulatory needs adequately.A commercial product, regardless of its manner of production, should be regulated based on the product's composition and intended use.

The process of biotechnology itself poses no unique or special risks.

The approval of products produced using biotechnology should be subject to rigorous agency examination.

10

Which of the following is not one of the agencies involved in administration of the Coordinated Framework?

FCDA

11

Under the Coordinated Framework, what is the FDA's key statute and what is the agency's primary mandate under the statute?

FDCA; Must ensure the safety and proper labeling of all plant-derived food and feed, including those developed through genetic engineering.

12

Which of the following is not one of the official reasons Monsanto gives to support its decision to sue farmers who save its seeds

Asserting intellectual property rights against farmers regardless of their scale and resources sends a clear message to other producers that seed licenses should be taken seriously and respected.

13

How does US law allocate the burden of drift prevention between GMO cultivators and non-GMO cultivators?

Non-GMO cultivators bear the burden and costs of identifying and preventing GMO contamination.

14

Which of the following best defines a nuisance according to general property law principles?

The unreasonable, unwarranted and/or unlawful use of property, which causes inconvenience or damage to others.

15

True or false? If a certified organic producer's crop is subject to GMO drift contamination, he or she will lose his or her organic certification.

It depends

16

The FDA regulates human food animals that have been genetically engineered as:

New Animal Drugs

17

True or false? The federal government recently adopted the Privacy & Security Principles for Farm Data agreement as the governing law regarding farm data.

False

18

Which of the following is not an example of reasonable steps that a non-GMO cultivator can take to protect against GMO drift

Obtaining a preliminary injunction to prevent neighboring agricultural operations from engaging in activities that have a high probability of resulting in drift

19

Which of the following is not one of the 6 fundamental property rights:

Right to Expand

20

True or false? The Coordinated Framework was updated routinely after its adoption in 1986 to account for new developments in biotechnology.

False