Monthly Archives: February 2017

Subway ‘concerned’ DNA tests show its chicken is more than 50% soy – RT

Posted: February 28, 2017 at 5:49 am

Published time: 28 Feb, 2017 05:12

Chicken may sound like a healthier fast food option, but customers who make that choice at Subway might be in for a surprise. DNA tests have found their chicken was actually half soy, and now the company is saying that isnt the way a sandwich should be.

Sub isnt supposed to stand for substitute in the name Subway, butTrent University and the Canadian Broadcasting Corporation (CBC) recently revealed that, on average, Subways chicken fillets contained just 53.6 percent chicken DNA and even worse, their chicken strips had only 42.8 percent chicken DNA.

The DNA tests prompted the restaurant chain to issue a statement expressing concern over the findings.

SUBWAY Canada cannot confirm the veracity of the results of the lab testing you had conducted, the company said, adding, Our chicken strips and oven roasted chicken contain 1% or less of soy protein. We use this ingredient in these products as a means to help stabilize the texture and moisture. All of our chicken items are made from 100% white meat chicken which is marinated, oven roasted and grilled.

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The chain even claimed to have tested its chicken recently and found no problems. But they also promise to investigate further, starting with their supplier.

The DNA tests conducted by the CBC and Trent University included other fast food chains, including A&W, McDonalds, Tim Hortons and Wendys. Those establishments offered chicken that contained 84.9 to 90 percent chicken DNA. Subways results were so off the charts that the researchers tested their ingredients again before coming to a conclusion.

The Subway products tested were the fillets found in the Oven Roasted Chicken sandwich and the strips in the Sweet Onion Chicken Teriyaki sandwich.

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Jurors hear DNA evidence in fatal deputy shooting | WPEC – WPEC

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WEST PALM BEACH (CBS12)

DNA evidence took center stage Monday in a familys efforts to hold the Palm Beach County Sheriffs Office accountable in a fatal shooting.

Sergeant Michael Custer says before he shot Seth Adams, the young man grabbed him by the neck and tried to choke him.

But there was no Adams DNA on the deputys shirt collar, and only after "amplification" does Adams DNA show up on the sergeants neck.

This came out during the testimony of Sheriff's crime lab forensic scientist Tara Sessa.

The tragedy unfolded outside Seth Adams' brothers nursery in Loxahatchee Groves in 2012.

Sgt. Custer, working undercover, said he shot Adams, out of fear for his life. Custer says a confrontational Adams choked him. The deputy says he thought the young man then reached for a gun from his truck.

Adams parents, Lydia and Richard Adams are suing Sgt. Custer and the Sheriff's Office, seeking millions.

Sessa, the crime lab scientist, said Seth Adams was excluded as a DNA source on Sgt. Custers t-shirt, and more important, inside the collar of Custers outside shirt.

The scientist testified the first time she tested DNA swabs of Sgt. Custers neck, Seth Adams was not identified as a source. But after she increased the amplification, she reached calculations showing Adams DNA was probable.

Also jurors heard about mystery DNA on Sgt. Custers pants, suggesting potentially another person was present.

On Tuesday, the Adams family is expected to call its own DNA expert.

DNA technology, and understanding it, is extremely complex," said Palm Beach Gardens attorney Carissa Kranz.

The key here is going to be having a clear analysis, and then breaking it down for a jury to even understand it," Kranz said.

Jurors also heard on Monday, about Custers missing cell phone, which the Adams family believes could have contained evidence.

The trial could potentially go another two weeks.

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Electrons use DNA like a wire for signaling DNA replication – Science Daily

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Electrons use DNA like a wire for signaling DNA replication
Science Daily
"The electron transfer process in DNA occurs very quickly," says O'Brien, lead author of the study, appearing in the February 24 issue of Science. "It makes sense that the cell would utilize this quick-acting pathway to regulate DNA replication, which ...

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Albuquerque apartment complex implementing doggy DNA program … – KRQE News 13

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ALBUQUERQUE, N.M. (KRQE) A local apartment complex is dealing with a stinky situation. Now, its taking a creative approach to pick up the mess. They say dog owners who dont, could find themselves in deep doo-doo.

I think owners should pick up after their dogs, its not that hard to do, Vincent Perez, dog owner, said.

But for those who simply refuse, theres DNA evidence.

Residents at one Westside apartment complex recently got a letter, reading pet owners are not picking up after their pets, we have implemented a doggy DNA program.

Its through PooPrints, a national company that tests dog poop.

The program works because of the denial factor, nobody will own up to the fact that they didnt pick up their dogs poo, Ernie Jones, PooPrints Representative, said.

Its a fast growing industry, but this is the first community to use their service in Albuquerque.

I think for repeat offenders, I think that would be a good thing if you could start tracking people down, Ann Tomasi, dog owner, said.

So how does it work? Residents are asked to bring in their pup to get swabbed.

The poochs DNA sample is sent to PooPrints.

When new evidence pops up, it tries to match it with a dog in its database.

This is a way though that people have become responsible, they cant deny it anymore, Jones said.

The culprits will face fines, anywhere between $75 and $300 for the foul offense.

But, the program isnt cheap, around $50 for the initial swab and more fees to find the match.

PooPrints says their clients see an 80 to 90 percent drop in dog owners leaving behind their pets waste by simply implementing the program.

They say not only is the dog waste an annoyance, its also a health concern since it can spread disease and contaminate the water.

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Rare sinkhole find: Ancient DNA in a tropical island tortoise fossil – Earth Touch

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You may have heard of DNA being extracted from fossils such as woolly mammoths, cave lionsor ancient humans.These remains are all uncovered during expeditions in cold northern landscapes, but a new study has found something totally different: ancient DNA from a 1,000-year-old giant tortoise that fell into a sunkensinkhole on a warm, sunny Caribbean island.

The Bahamas might not sound like the kind of place you'd go for fossils but prehistoric leftovers are there if you know where to look.

Sawmill Sink is the name of a blue hole a large, water-filled sinkhole on Great Abaco Island. There, fossil-hunting scuba divers swim down through the cloudy, toxic water, as deep as 33 metres (100 feet), to reach thebones of ancient island denizens, including a long-gone species of tortoise named Chelonoidis alburyorum.

Divers explore deep inside a blue hole in the Bahamas. Image:Brian Kakuk

These tortoises went extinct along with all the other Caribbean giant tortoises around 780 years ago, not long after humans arrivedin the region. But in Sawmill Sink, one beautifully preserved skeleton offers clues to the reptiles' past. On the outside, its shell is marred by the bite marks of crocs, but on the inside of its bones linger theremains of collagen protein (which allowed scientists to carbon-date the skeleton) and DNA.

Finding ancient DNA in a tropical tortoise was quite a happy surprise. "The two things that are really good for the long-term preservation of DNA are coldness and dryness," says David Steadman of the Florida Museum of Natural History in a news release. "And the tropics typically provide neither one."

The secret lies in the waters deep within the sinkhole, which arefairly still and mostly devoid of oxygenonce you reach below 21 metres (70 feet) or so. Not a place you'd want to live, but a great place to die: these conditions allow for some fantastic fossil preservation, including DNA.

Ancient DNA has taught us a ton about cold-climate species of the late Ice Age, but tropical creatures from that time period are a big genetic blind spot. Steadman and other researchers are especially interested in the history of reptiles from the area: these animals are a major part of local islandecosystems,and used to be much more diverse than they are today.

The fossil skull of theChelonoidis alburyorumtortoise that yielded the ancient DNA. Image: Nancy Albury

As with all fossil DNA, the mitochondrial genetic material retrieved from the tortoise's arm bone was degraded and contaminated. Despite this, experts were able to tease out useful material and gain some insights into the reptile's ancestry:C. alburyorum was a close relative of the Chaco tortoise of South America and the giant tortoises of the Galpagos.

"This is the first time anyone has been able to put a tropical species into an evolutionary context with [genetic] data," Steadman says. "And being able to fit together the tortoise's evolutionary history will help us better understand today's tropical species, many of which are endangered."

We know from fossil evidence that tortoises of the Galpagos and Caribbean islands were once thriving in the tropics but when humans begin to show up in the fossil record, the reptiles start to disappear. "It's probably a blend of direct hunting and habitat loss as the humans started burning the forests in the dry season," Steadman says. The Caribbean giant tortoises are completely gone today, and those of the Galpagos continue to struggle.

Sawmill Sink's fossils were first discovered in 2004, when Bahamas Caves Research Foundationdirector Brian Kakuk found a submerged crocodile skull and tortoise shell. Since then, excavations have taught us that these big reptiles lived within a diverse ecosystem of prehistoric lizards, snakes, birds, bats and more. The sinkhole has even produced human remains from the Lucayan people, the original inhabitants of the Bahamas before Europeans arrived.

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Top header image:Nancy Albury

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Diving deep into the dolphin genome could benefit human health … – Science Daily

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Diving deep into the dolphin genome could benefit human health ...
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A new database of bottlenose dolphin DNA and associated proteins just completed could possibly aid in dolphin care and research of human medical problems ...

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Humans 2.0: these geneticists want to create an artificial genome by synthesising our DNA – Wired.co.uk

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Guy Billout

In July 2015, 100 geneticists met at the New York Genome Center to discuss yeast. At 12 million base pairs long, it's the largest genome scientists have tried to produce synthetically.

Andrew Hessel, a researcher with the Bio/Nano research group at software company Autodesk, was invited to speak at the event. The audience asked him which organism should be synthesised next. "I said, 'Look around the room. You've got hardly anyone here and you're doing the most sophisticated genetic engineering in the world," Hessel recalls. "Why don't you take a page out of history and set the bar high? Do the human genome."

This triggered a panel discussion that stuck in Hessel's mind for weeks. Soon afterwards, he contacted George Church, a prominent geneticist at Harvard University, to gauge his interest in launching what would effectively be the Human Genome Project 2.0. "To me it was obvious," Hessel recalls. "If we could read and analyse a human genome, we should also write one."

A year later, his provocation had become reality. In May 2016, scientists, lawyers and government representatives converged at Harvard to discuss the Human Genome Project-Write (HGP-Write), a plan to build whole genomes out of chemically synthesised DNA. It will build on the $3 billion (2.3bn) Human Genome Project, which mapped each letter in the human genome.

Leading the Harvard event was Church, whose lab is synthesising the 4.5-million-base-pair E. coli genome, and Jef Boeke 1, the NYU School of Medicine geneticist behind the yeast synthesis project. "I think we realised the two of us were getting good enough at those two genomes that we should be discussing larger ones," says Church.

A Science paper published after the meeting formally laid out the group's proposal: to dramatically advance DNA-synthesis technologies so that the artificial production of genomes becomes easier, faster, and cheaper. Currently, we can synthesise short strands of DNA, up to about 200 base pairs long, but the average gene has several thousand base pairs. Even this limited process is inefficient, costly and slow. But it's vital: in biological sciences, synthesised DNA is the foundation of experiments that drive everything from cancer research to vaccine development. For scientists, it's like working with a blunt yet necessary instrument.

The immense three-billion-base-pair human genome is seen as the project's ultimate goal, dangling like a carrot to drive innovation. Scientists intend to have fully synthesised it in a living cell - which would make the material functional - within ten years, at a projected cost of $1 billion. The fruits of HGP-Write could have wide-ranging, real-world impacts. But in its current form, say the scientists, it's primarily a call for technological advancement in synthetic biology. The May announcement received a frosty reception from some, however. A handful of scientists invited to the event declined to attend, due to organisers' decision not to include the press. Church says they were excluded because of an embargo on the forthcoming paper.

There are bigger concerns: artificial production of genomes raises the ethically unsettling question of gene patenting. Other worries, echoing those that first surrounded the gene-editing technology CRISPR, are of designer humans and parentless babies. "Moving beyond reading DNA to writing DNA is a natural next step," concedes Francis Collins, director of the US National Institutes of Health. He warns, however, that any project with real-world implications would require "extensive discussion from different perspectives, most especially including the general public".

Applications beyond the lab are a distant reality: synthesising a human genome may even prove unworkable. In any case, none of the project's deliverables will be "as exciting or as evocative as a baby", Hessel says. "Some of the things that were said [after the meeting] were so ludicrous that it allowed us to get through that bubble of misinformation and misinterpretation quickly."

HGP-Write's central goal is to improve synthesis technologies so it's easier to write longer strands of genetic material. DNA is made using software that designs the layout of a strand, followed by machines in a laboratory that use this template to synthesise and assemble it. It's a clunky process that limits production to short stretches of DNA. But Hessel sees the potential for enhanced software allowing more precise genome design and printing tools that, for instance, harness enzymes to build DNA the way it happens in our cells. "If we can achieve this, it should be possible to write large genomes in hours," he says.

Smaller plant and animal genomes could also be synthesised along the way. One major scientific benefit could be the creation of living cell lines for pharmaceutical testing. Whole-genome synthesis would also bring down the cost of gene editing. CRISPR allows individual edits to DNA, but producing a full genome would allow thousands of edits in one go. Church sees the potential of genomes being edited to have multiple-virus resistance, for example.

But these are the "byproducts" of HGP-Write, in Hessel's view: the project's true purpose is to create the impetus for technological advances that will lead to these long-term benefits. "Since all these [synthesis] technologies are exponentially improving, we should keep pushing that improvement rather than just turning the crank blindly and expensively," Church says. In 20 years, this could cut the cost of synthesising a human genome to $100,000, compared to the $12 billion estimated a decade ago.

In coming months, scientists will try to take HGP-Write from proposal to project. That depends on funding. Autodesk has pledged $250,000, but organisers want to secure $10 million by the end of 2017. In the meantime, they'll be expanding the HGP-Write conversation. "I want it to be as open and transparent as possible," says Hessel, "and to keep up as much interest in this powerful universal technology, which will enable us to bring our intention into the machinery we call life. And boy, do we need to get good at it."

1. Boeke, JD, et al (2016) The Genome Project-Write, Science, 10:1126/science.aaf6850.

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Decoding the Genome’s Cryptic Language – Bioscience Technology

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Bioengineers at the University of California San Diego have developed a new tool to identify interactions between RNA and DNA molecules. The tool, called MARGI (Mapping RNA Genome Interactions), is the first technology that's capable of providing a full account of all the RNA molecules that interact with a segment of DNA, as well as the locations of all these interactions -- in just a single experiment.

RNA molecules can attach to particular DNA sequences to help control how much protein these particular genes produce within a given time, and within a given cell. And by knowing what genes produce these regulatory RNAs, researchers can start to identify new functions and instructions encoded in the genome.

"Most of the human genome sequence is now known, but we still don't know what most of these sequences mean," said Sheng Zhong, bioengineering professor at the UC San Diego Jacobs School of Engineering and the study's lead author. "To better understand the functions of the genome, it would be useful to have the entire catalog of all the RNA molecules that interact with DNA, and what sequences they interact with. We've developed a tool that can give us that information."

Zhong and his team published their findings in the February issue of Current Biology.

Existing methods to study RNA-DNA interactions are only capable of analyzing one RNA molecule at a time, making it impossible to analyze an entire set of RNA-DNA interactions involving hundreds of RNA molecules.

"It could take years to analyze all these interactions," said Tri Nguyen, a bioengineering Ph.D. student at UC San Diego and a co-first author of the study.

Using MARGI, an entire set of RNA-DNA interactions could be analyzed in a single experiment that takes one to two weeks.

The MARGI technique starts out with a mixture containing DNA that's been cut into short pieces and RNA. In this mixture, a subset of RNA molecules are interacting with particular DNA pieces. A specially designed linker is then added to connect the interacting RNA-DNA pairs. Linked RNA-DNA pairs are selectively fished out, then converted into chimeric sequences that can all be read at once using high-throughput sequencing.

Zhong and his team tested the method's accuracy by seeing if it produced false positive results. First, the researchers mixed RNA and DNA from both fruit fly and human cells, creating both "true" RNA-DNA pairs, meaning they're either fully human or fully fruit fly, and "false" RNA-DNA pairs, meaning they're half human and half fruit fly -- these are the ones that shouldn't be detected. The team then screened the entire mixture using MARGI. The method detected a large set of true RNA-DNA interactions, but it also detected approximately 2 percent of the false ones.

"This method is not perfect, but it's an important step toward creating a full functional annotation of the genome," said co-first author Bharat Sridhar, a visiting bioengineering researcher in Zhong's group.

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Zhiping Weng works to accelerate understanding of genome regulation with ENCODE 4 project – News from the University of Massachusetts

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The Women in Science video series on UMassMedNow highlights the many areas of research conducted by women at UMass Medical School.

Zhiping Weng, PhD, professor of biochemistry & molecular pharmacology and director of the Bioinformatics and Integrative Biology Program, has received a $7.2 million grant from the National Institutes of Health to continue an international effort to catalog all the genes and regulatory elements in the human genome.

Dr. Weng heads the data analysis center of the National Human Genome Research Institute Encyclopedia of DNA Elements (ENCODE) project, part of the NIH, which is now in its fourth phase known as ENCODE 4. Approximately $126 million in grants will be disbursed to various teams throughout the world over the next four years to support ENCODE 4.

The goal of the ENCODE project is to delineate all functional elements in the human genome, Weng said. The rich data and annotations generated by the ENCODE project has had far-reaching impacts on the biomedical and clinical communities. ENCODE 4 will intensify these efforts with greater breadth and depth and accelerate our understanding of genome regulation.

At the data analysis center, Weng orchestrates the integrative analysis of ENCODE data and the synthesis of an encyclopedia of regulatory elements, a resource for the scientific community in the study of mammalian biology and the investigation of human health and disease.

In addition, she is part of the PsychENCODE project, an international research consortium that focuses on disease-related research of epigenomes of psychiatric disorders, such as bipolar, autism and schizophrenia.

In her lab at UMass Medical School, students and postdocs use computational methods to solve biological problems in the field of bioinformatics, studying the human genome by using mathematical computer algorithms.

The human body is an elaborate device. My general approach to research is to use sophisticated computational and/or statistical approaches to understand how the human body and related model organism bodies work, Weng said.

Weng said she is focused on projects such as evaluating regulatory proteins and their interactions, including transcription factors and their target DNAs; RNA- binding proteins and their target RNAs; small silencing RNAs and their target RNAs; and proteinprotein interactions.

Were interested in how genes are regulated. Different people may have different versions of the same gene and it will lead to differences in phenotypes and also susceptibility to diseases. If we could analyze population data, different individuals and their genotype, and differences in epigenomes, maybe we could relate these signals to the different phenotypes and susceptibility to diseases, she said.

Weng said if researchers could figure out which genes are causal for a disease or identify elements that could regulate genes that ultimately could cause diseases, then that would help them to modulate the disease.

For example, if you could use gene therapy to alter the regulatory regions and to correct or alleviate disease symptoms, even if you cant eliminate the cause of the disease, you could help people with the disease, she said.

Women in Science videos: MD/PhD student Miriam Madsen strives to improve communication for those in need Katherine Fitzgerald focuses on novel discoveries in innate immunity Molly Waring focused on helping mothers manage their weight Shlomit Schaal develops methods for early detection of diabetic retinopathy Jill Zitzewitz is unraveling protein misfolding to understand disease

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Wild Introgressions: The Tomato Genome’s Impact on Plant Patenting and Trademark Branding Prospects – JD Supra (press release)

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Diana Kennedy, an intrepid chronicler of Mexican cuisine, describes cuatomates as very small cherry tomatoes with an intense flavor and enormous amount of tiny seeds. A potently flavored, tiny green tomatillo variety grows wild in [Mexican] cornfields.[1]

Wild, obscure tomatoesones youve never seen nor tastedrepresent the tomatos intellectual property asset future, in the form of valuable plant patents, closely held trade secrets and memorable trademarks. Their genomic structures tell a fascinating, if indirect story of conquest and domestication.

Successful plant breeding demands genetic variability. While the tomatoes we know appear to come in all kinds of fancy heirloom shapes and colors, their decoded genomes speak of genetic bottlenecks, of roadblocks to tomato plant improvements.

Of course, the best bred tomato falls flat without economic demand. The halting reception this novel fruit qua vegetable received during the Age of Exploration ironically mimics the marketing fate GMO tomatoes face today. Remember Calgenes FlavrSavr tomatothe epic commercial dud of the 1990s?

This post examines the prospects for inventing and branding new tomato cultivars in light of a depleted, domesticated genome.

Tomato Domestication Syndrome

The domesticated tomatos precursor still grows wild in coastal deserts and Andean foothills of Ecuador and northern Peru. Inauspicious and easily overlooked, S. pimpinellifolium fruits are the size of large garden peas.[2] How did such tiny wild tomatoes (just 1 cm in diameter) balloon into the beefsteak tomatoes we relish in a Caprese salad?

Domestication of plants triggers a range of traits that distinguish them from their wild ancestors.[3] Generally speaking, domesticated plants differ in three basic ways:

Collectively, these traits are known the domestication syndrome.[4] Studies reveal that the traits that distinguish crop plants from their wild relatives are often controlled by a relatively small number of [genetic] loci with effects of unequal magnitude.[5]

Classic Arc of Novel Food Acceptance

During the (often horrifying) Age of Conquest, Spanish explorers observed the Amerindians wouldeasily forego meat and most content themselves with some tortillas spread with a chili sauce to which they usually add the fruit of a certain species of solanum called tomamo.[6]

Although Spanish conquistadores brought this strange fruit back to Europe in the early 1500s, they shunned it. They feared consuming New World foods would turn them into emasculated, phlegmatic, beardless Amerindians.[7] They much preferred a steady Iberian diet of meat, wine, olive oil and bread.

European herbalists soon classified tomatoes in the Solanaceae or nightshade family of fruits and vegetables that include eggplants, potatoes and chili peppers. At first, tomatoes were considered a decorative fruitnot to be eaten. The tomatos physical likeness with its poisonous bittersweet nightshade relative, Solanum dulcamara,[8] cautioned against its ingestion. One British herbalist described tomato plants to be of ranke and stinking savour.[9]

The first tomato described by an Italian botanist in 1544 is a yellow-fruited variety he called mala aurea, or golden apples.[10] The name stuck in Italy. The first documented tomato recipe, spaghetti con salsa di pomodoro, appears in a 1692 cookbook published in Naples. Translated, pomodoro means apple of gold. The symbolic imagery suggests a medieval conundrum: eating tomatoes could lead to tragic death and metaphorical expulsion from an Edenic garden.

The Doctrine of Signatures offered the wary European consumer with a countervailing, positive tomato association. This ancient notion contends that a plants medicinal qualities can be ascertained by its external appearance. Hence, a walnut becomes the brain food it resembles. A sliced-opened beefsteak tomato looks vaguely like the four chambers of the heart.

Distilled, novel food acceptancelike that of the tomatotends to occur in the following stages:

New foods are at first warily shunned and scorned as impure or unhealthy; this natural reaction may be explained by moral foundations psychology and our innate, Darwinian need for assurances of food safety and sanctity.

Budding entrepreneurs stage public tomato eating demonstrations to defuse concerns that it is poisonous.

Promoters offer free samples, celebrity testimonials, extravagant health claims and favorite recipes.

Hucksters promote medicinal tomato cure-alls; 19th century statesmen endorse tomato farming and consumption; immigrant tomato recipes become ingrained in American food culture.

New 19th century canning technologies transform tomatoes into a Civil War staple food and favorite among returning veterans; tomatoes grow in disparate climates.

Time passes and no one gets demonstrably ill.

Economic adulteration, however, continues to defraud consumers who cannot ascertain the quality of canned foods.

A nostalgic feedback loop ensues. Past consumption experiences are romanticized and pleasing images portray the novel foodstuff. (As the mouth is the portal to the self, consumers seek emotional bonding with the foods they ingest.)

Phenotype = Genotype + Environment

To understand the tomatos intellectual property prospects, some basic plant breeding terminology is helpful.

A phenotype is the composite of observable characteristics or traits in a plant. In the basic plant breeding equation, a plants phenotype is the result of the organisms expression of its genetic codeits genotypein conjunction with the influence of environmental factors.

Historical evidence shows that Mesoamerican farmers domesticated the earliest forms of tomatoes that, in turn, had originated somewhere in the Andean region of South America. They exercised a form of plant breeding summed up as crossing the best with best and hoping for the best.[13] The tremendous increase in the tomato size arose from this trial and error technique.[14]

In this process, yet another form of tomato emerged. Landrace varieties are cultivated plants that have adapted to specific, local environmental conditions, perhaps hundreds or even thousands of years ago.

An Evolving Tomato Genome

While plant patenting laws operate at the observational, phenotype levelrequiring new, distinct and stable varieties of plants for patentability purposestrait inheritance evolves genomically:

Genomes evolve by duplication of genes, chromosomes or whole genomes, by various rearrangements, insertions of organellar, bacterial or viral DNA that are part of horizontal gene transfer (HGT), (micro)satellite expansions, transposable element insertions and other processes.

A major part of the nuclear genome of most plants is represented by repetitive DNA elements; these elements contribute to the higher evolutionary dynamics of genomes, while genes represent slowly evolving (conservative) genetic units.

Perhaps, the most distinctive feature of angiosperm [flowering plants] is the large amount of genome duplication, i.e., polyploidization [containing more than two homologous sets of chromosomes].

Higher repetitive DNA turnover, repeated polyploidizations and subsequent gene losses lead to a much more rapid structural changes of plant genomes when compared to vertebrates, where gene order conservation is evident event after hundreds of millions of years of divergence.[15]

The sheer geographic distance between the original wild tomatoes in South America and their domesticated counterparts in Mexico (and later in Europe and North America) means that tomato genomes diverged a long time ago.

Compared with the rich reservoir in wild species, the cultivated tomato is genetically poor. It is estimated that the genomes of tomato cultivars contain [less than] 5% of the genetic variation of their wild relatives.

Tomato domestication experienced a severe genetic bottleneck as the crop was carried from the Andes to Central America and from there to Europe. The initial domestication process was, in part, reached by selecting preferred genotypes in the existing germplasm.[16]

Reinventing the 21st Century Tomato

During the 20th century, Charles Rick would become the tomatos most important scientist and plant breeder. Described as a cross between a Charles Darwin and an Indiana Jones, Rick traveled through the Andean region of South America collecting wild relatives of the domesticated tomatoes. As early as 1953, Rick showed that crosses between wild species and their cultivated relatives could reveal novel genetic variations of potential use in agriculture.[17]

Ricks astonishingly valuable collection of tomato germplasm is now maintained at the C.M. Rick Genetic Resource Center of the University of California, at Davis:

The Rick Center acts like a lending library, nurturing and preserving its 3,600-specimen collection but also making it readily available to scholars and plant breeders worldwide who want to check out seeds for their own experiments. Today, those seeds are kept in a vault that resembles a restaurants walk-in refrigerator. * * * *

But the Rick collection is not really about taste. Domestic tomatoes had virtually no innate resistance to common tomato diseases and pests until breeders [like Rick] began crossing them with wild species in the 1940s. . . . . Wild tomatoes, on the other hand, are more robust. We know of at least forty-four pathogens for which resistance has been found in wild species.

The possibilities of using wild traits to improve cultivated tomatoes seem almost limitless. Some wild species grow at chilly altitudes thirty-five hundred meters up the in the Andes, tolerating low temperatures that would cause other tomatoes to shrivel and die. Others thrive in humid rainforests. A few can eke out an existence in the desert.[18]

Crosses between wild and cultivated species of tomatoes can generate an array of novel genetic variation in their offspring. Breeding from wild species via interspecific crosses followed by many backcrosses to cultivated tomatoes can lead to the transfer of favorable attributes in the resulting tomato variety.[19] This is known as wild introgression plant breeding.

Genome Editing and Plant Breeding Bandwagons

In one way or another, all plant breeding techniques hearken back to Experiments in Plant Breeding, Gregor Mendels 1866 groundbreaking article (ignored at first and rediscovered 34 years later).

By the latter 20th century, plant breeders applied increasingly sophisticated biotechnology tools to improve the tomato. Goals included breeding for yield in the 1970s, for shelf life in the 1980s, for taste in the 1990s, and for nutritional quality currently.[20]

The first transgenic tomato, Calgenes Flavr Savr tomato, relied on recombinant DNA techniques to extend the shelf life of tomatoes by inhibiting an enzyme involved in fruit softening. The Flavr Savr tomato had some initial market success in the mid-1990s, then flopped. Its developers chose a tomato intended for the food processing market as it target cultivar, rather than a tomato grown for fresh food markets. Apparently, the resulting GMO tomato had very little flavor worth saving. It found its best use in the tomato processing market, but consumers rebelled against its GMO provenance.[21]

In contrast to recombinant DNA technologyin which foreign genes are inserted into a target hosta new wave of plant breeding relies on genomic editing tools, such as the CRISPR/Cas system. In broad terms:

Genome editing focuses on the G component of P = G +E [i.e., that phenotype value (P) is the sum of genetic (G) and environmental effects (E)], and it represents an infinitely more precise form of mutation breeding. Genome editing allows changes in targeted DNA sequences, with the edits involving the deletion, substitution, or addition of one or more bases.

[G]enome editing requires prior information on gene identity and function and leads only to targeted mutations. In practice, however, the plant regeneration process after genome editing may lead to unwanted somaclonal variation in the target cultivar. Genome editing may be particularly valuable in plant species for which backcrossing (to introgress favorable alleles) is impractical due to a long generation interval or infeasible to a heterozygous recurrent parent.

[G]enome editing will be most useful in the same situations where linkage mapping of QTL [quantitative trait loci] is most useful: for traits that have major QTL or major genes. For such traits, such as disease resistance or flowering date, changes in the known underlying genes can be directly made via genome editing. These changes will involve loss-of-function mutations or gain-of-function mutations equivalent to naturally occurring mutations with known effects, or novel mutations that need to be characterized via phenotypic screening.

The many genes affecting a trait such as yield in elite germplasm remain largely unknown even after whole genomes have been sequenced.[22]

While this description of genome editing may read somewhat like Greek, the most important finding is that most quantitative [plant] traits are controlled by a large number of small effect genes locked away in low-recombinant regions, presenting challenges in (even) sequenced and highly genotyped association mapping panels.[23]

In other words, even though genomic editing is the latest and greatest biotech bandwagon, its technical shortcomings will also confound the plant breeding industry.

Wild Tomatoes are Not Patentable

U.S. plant patenting laws, 35 U.S.C. 161-164, protect new and distinct varieties of asexually reproduced plants other than those found in an uncultivated state. More generally, U.S. utility patents, among other things, cover new and useful compositions of matter, or any new and useful improvement thereof. 35 U.S.C. 101. In addition, the Plant Variety Protection Act offers patent-like protections for new, distinct, uniform and stable sexually reproduced plant varieties. 7 U.S.C. 2321-2582.

Plant explorers will find no solace in U.S. plant patent lawssince plants discovered in the wild are not patentable. A recent Federal Circuit decision discussing plant patenting, In re Beineke(2012), stands for the proposition that:

[T]wo things [are] necessary for an applicant to obtain plant patent protection: (1) the plant must have been created in its inception by human activity, i.e., it must be the result of plant breeding or other agricultural or horticultural efforts; and (2) the plant must have been created by the inventor, i.e., the person seeking the patent must have contributed to the creation of the plant in addition to having appreciated its uniqueness and asexually reproduced it.[24]

Although plants found in the wild are not patentable, their progeny may be. These plant patenting activities appear relatively immune from a line of attack generated by the recent Myriad/Mayo Supreme Court casesi.e., that naturally occurring DNA segments constitute unpatentable products of nature. [25] The Plant Patent Act of 1930 altered former law rejecting plant inventions as unpatentable laws of nature. The same can be said for the Plant Variety Protection Act.

Standard utility patent applications, however, may present separate patenting difficulties. If the utility patent claims seek to cover naturally occurring genomic sequences, new plant variety patents may be subject to Mayo/Myriad-based rejections.

In this regard, an analysis of patent claims in human biomedicine vs. crop-based agriculture reveals a substantive overlap in claimed genome sequences. Such practice could, in principle, raise infringement concernsfor example, if an agribusiness and a medical diagnostic company use the same DNA primers for polymerase chain reaction-based genetic testing.[26]

If the Mayo/Myriad case holdings operate as a brake on plant patent activities at the genomic level, one can anticipate that agribusinesses and other plant patent inventors will guard their plant-based innovations under a reinvigorated trade secret law, now federalized per the Defend Trade Secrets Act of 2016.[27]

Genome Edited Plants Evade Regulatory Scrutiny

Genetically engineered (GE) plants are presumptively subject to a convoluted array of federal regulatory oversight by the Food and Drug Administration, the Environmental Protection Agency, and the United States Department of Agriculture. Generally speaking, the FDA established a voluntary structure for GE plant producers to consult with the FDA before marketing these products.

Much of this regulatory structuredeveloped in the mid-1980sis premised on theoretical plant pests and recombinant DNA techniques involving foreign gene insertion.

The USDA regulatory process for GE crops is triggered by the use of plant pests in any portion of the modification process or the derived potential of the GE crop to behave as plant pests. In practice, the routine use of pest-derived genetic components triggers a de facto process-based regulatory regime by the USDAs inspection service, APHIS [Animal and Plant Health Inspection Service].[28]

This regulatory framework focuses on transgenic biotechnology toolsnow a fading, late 20th century bandwagon. Genome editing tools tend not to trigger this GE food regulatory regime. When requested to opine on genome editing tools, APHIS determined that genome editing technologies create two potential classes of products:

(i) those in which endogenous genetic material is removed (targeted deletions); and (ii) those in which precise sequence changes are introduced by using specific template oligonucleotides (targeted substitutions and insertions).

APHIS [states] that products resulting from targeted deletions would, in most cases, not be regulated because no new genetic material is integrated into the recipient genome, and the engineered nucleases did not originate from plant pests. The second class of products (targeted substitutions and insertions) would need to be reviewed on a case-to-case basis to assess the inserted trait and determine regulatory status.[29]

Based on this dichotomy, genome editing appears to sidestep US regulatory oversight. While this may be a policy loophole, there may be little impetus to expand bureaucratic review of genome edited plant food products when a sufficiently large body of scientific literature on GE traits already shows that DNA modification per se is not inherently unsafe or a threat to the environment.[30]

Guacamole Con Tomate Verde

You need not be a wild plant explorer to experience unusual tomato flavors. Green tomatillos are more widely available in American grocery store shelves nowadays. Their paper husks and sticky skin may be off-putting, but these are small bothers in a quest for sublime taste.

To mix up your standard guacamole recipe, try Diana Kennedys recipe for guacamole con tomate verde.[31] After youve ground white onions, serrano chilies, cilantro and broiled tomatillos (preferably with a mortar and pestle), you mashnever machine blend!avocadoes into this mixture. Voil, your taste buds will be transported to the state of Mexico bordering on Morelos, where this recipe originated perhaps eons ago.

_______________________________

* The opening photograph of tomatoes included in the Earth & Table version of this article is licensed under the GNU Free Documentation License, Version 1.2. For photographer information, see https://commons.wikimedia.org/wiki/User:Berrucomons.

[1] D. Kennedy, The Essential Cuisines of Mexico (2000), at 490-91.

[2] B. Estabrook. Tomatoland: How Modern Industrial Agriculture Destroyed Our Most Alluring Fruit (2011), at 3.

[3] Y. Bau and P. Lindhout, Domestication and Breeding of Tomatoes: What Have We Gained and What Can We Gain in the Future, 100 Annals of Botany 1085, 1086 (August 2008).

[4] Id.

[5] Id.

[6] R. Earle, The Body of the Conquistador: Food, Race and the Colonial Experience in Spanish America, 1492-1700 (2012), at 42.

[7] Id. at 52

[8] Photograph in the Earth & Tableblog post version by Guido Gerding, https://commons.wikimedia.org/w/index.php?curid=1037325.

[9] A.F. Smith, The Tomato in America: Early History, Culture, and Cookery (1994), at 17.

[10] C. Wright, A Mediterranean Feast: The Story of the Birth of the Celebrated Cuisines of the Mediterranean, from the Merchants of Venice to the Barbary Corsairs (1999), at 32.

[11] See, e.g., http://herbs.lovetoknow.com/doctrine-signatures.

[12] See http://www.whfoods.com/genpage.php?tname=foodspice&dbid=44 (Worlds Healthiest Food website page devoted to tomatoes).

[13] G. Acquaah, Principles of Plant Genetics and Breeding (2d ed. 2012), at 7.

[14] See n.2, at 4.

[15] P. Smykal, et al., From Mendels discovery on pea to todays plant genetics and breeding, 129 Theoretical and Applied Genetics, 2267, 2271-72 (2016) (citations omitted and text formatting altered for readability).

[16] See n. 3, at 1086.

[17] S. Tanksley and G. Khush, Charles Madera Rick 1915-2002, Biographical Memoirs, Vol. 84 (2003), at 10, available online at https://www.nap.edu/read/10992/chapter/17.

[18] Id. at 13-16.

[19] See n. 13, at 56.

[20] See n. 3, at 1088.

[21] See n. 13, at 256.

[22] R. Bernardo, Bandwagons I, too have known, 129 Theoretical and Applied Genetics 2323 (2016), at 2329-30 (text formatting altered for readability). The reference to elite germplasm in the quoted material refers to germplasm that is adapted (selectively bred) and optimized to new surroundings (i.e., environment).

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Wild Introgressions: The Tomato Genome's Impact on Plant Patenting and Trademark Branding Prospects - JD Supra (press release)

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