II. Cloning-An Overview

One may assume that breeders raise animals for food consumption by allowing their animals to mate and reproduce naturally. However, for years, scientists have been using what is referred to as Assisted Reproductive Technologies (“ART”) to breed animals with desired traits.15 Some of the techniques used include artificial insemination,16 embryo transfer,17 and in vitro fertilization.18 However, these techniques are limited because breeders are unable to guarantee that the offspring will have certain characteristics.19

What if scientists and breeders could more accurately predict certain characteristics of the offspring? “Cloning” is defined as “the propagation of genetically exact duplicates (clones) of an organism by means other than sexual reproduction.”20 Although several cloning techniques have been developed, most animals are cloned by way of nuclear transfer, most notably somatic cell nuclear transfer (“SCNT”).21 Generally, this is achieved by removing the nucleus or genetic material of a donor cell and transferring it into a recipient cell from which the original genetic material was removed; the resulting embryo is then implanted in a surrogate mother.22 From the breeder's perspective, the advantage of cloning technology is that cloning essentially produces an identical copy of an animal with superior traits.23 Imagine having a healthy herd of prize-winning cattle that is immune to disease and produces high-quality and nutritious meat or dairy products.

The advantages of animal cloning are numerous and most are premised on the ability of breeders to predict better the characteristics of the offspring.24 First, breeders will continuously be able to improve the overall quality of their products.25 The public desires “a nutritious and wholesome product provided to them in a repeatable and reliable manner . . . .”26 Although consumer tastes vary, many consumers would prefer a lean, tender steak.27 Thus, with the ability to predict better the characteristics of offspring, a breeder can propagate superior genetics from one animal into future generations, thereby continuing to provide consumers with the kinds of foods they desire: “high-quality meat and dairy products.”28

Another benefit of animal cloning is the ability to clone naturally disease-resistant cattle.29 Breeding disease resistance into herds of cattle is advantageous from both an animal wellness and an economic standpoint. These cattle will be healthier and, ultimately, cloning can “help eliminate major diseases in livestock.”30 From an economic standpoint, cattle possessing a propensity to withstand illness will increase production time and decrease veterinary costs-savings which can be passed along to consumers.31 Other noted advantages include reducing the number of veal calves32 and enlarging the uses of cloning for potentially valuable biotechnological and medical uses.33

On the other hand, the prospect of cloning cattle poses several concerns. One apprehension expressed by groups supporting animal rights is that cloning is too inefficient.34 Reasoning that cloning essentially amounts to cruelty to animals, these groups have also expressed worries about the health of the pregnant mother and surviving clones.35 While some groups disapprove of the inefficiencies and harmful effects to animal health, other critics are concerned that cloning could create herds of cattle that are actually more susceptible to disease.36 Reducing the overall genetic diversity of the nation's cattle population could leave them susceptible to being wiped out entirely by a disease.37 Additionally, cloning cattle is expensive, roughly in the range of $8,000 to $20,000 per cow.38 The sheer cost of each clone could lead to increased, rather than decreased, prices for consumers.

Most notable is the concern over human health and safety risks associated with consuming cloned food products. However, extensive research has been conducted to determine the human safety risks associated with cloned food consumption.39 For example, in a report by the Japan Research Institute for Animal Science in Biochemistry and Toxicology, scientists analyzed the milk and beef products from cloned cows and concluded that there were “no biologically significant differences in any of the test values between ordinary cattle and cloned cattle, for both the dairy and beef types.”40 Furthermore, subsequent studies have found that consuming offspring from cloned animals presents no risk to human health.41 Nevertheless, concerns regarding unknown, long-term effects from consuming cloned food products persist.42 These health risks, both present and future, remain in the purview of the FDA as demonstrated below.