CALIFORNIA’S FIRST PROTECTIONS FOR FARMERS FROM THREATS OF GENETIC ENGINEERING BECOMES LAW
Monsanto’s intimidation tactics no longer legal
Sept. 29, 2008 – A landmark piece of legislation protecting California’s
farmers from liability was signed by Governor Schwarzenegger on Sept.
27, 2008. The bill, AB 541 (Huffman, D-Marin/Sonoma), was sponsored
by a coalition of agriculture organizations and food businesses, and
it is the first bill passed by the California legislature that brings
much-needed regulation to genetically engineered (GE) crops.
AB 541 indemnifies California farmers who have not been able to prevent
the inevitable – the drift of GE pollen or seed onto their land and
the subsequent contamination of non-GE crops. Currently, farmers with
crops that become contaminated by patented seeds or pollen have been
the target of harassing lawsuits brought by biotech patent holders,
most notoriously Monsanto. Further, if their contaminated crops cause
harm to other farmers, the environment or consumers, they have not
been protected from that liability. AB 541 provides protections for
farmers from such liability. The bill also establishes a mandatory
crop sampling protocol to level the playing field when biotech companies
investigate alleged patent or contract violations.
AB 541 was sponsored by a thirteen-member coalition including Community
Alliance with Family Farmers, Earthbound Farm, California Certified
Organic Farmers, and United Natural Foods Inc. It also had the support
of the California Farm Bureau Federation which has traditionally opposed
any restrictions or regulations for GE crops.
“AB 541 provides much needed protection for farmers who typically
lack the resources to fight lawsuits brought by biotech conglomerates,”
stated Renata Brillinger, director of the Genetic Engineering Policy
Project, the coalition sponsoring AB 541. “This is a good first step
towards establishing that Monsanto — not farmers — is legally responsible
for the economic, environmental and health harms caused by their patented
and uncontrollable products.”
Members of the Genetic Engineering Policy
Project, sponsors of AB 541:
California Certified Organic Farmers
California Church IMPACT
Center for Food Safety
Center for Environmental Health
Community Alliance with Family Farmers
Earthbound Farm
Ecological Farming Association
Environment California
Good Earth Natural Foods
Occidental Arts & Ecology Center
Oakland Institute
Ocean Beach People's Organic Food Co-op
Pesticide Action Network North America
United Natural Foods, Inc.
Contact: Renata Brillinger, (707) 874-0316, info@gepolicyproject.org
For a copy of AB 541, please click here.
Background on AB 541
In February 2007, Assemblymember Jared Huffman introduced AB 541, the Food and Farm Protection Act. The original bill would have put in place several important protections against genetic contamination caused by GE crops. It had broad support from dozens of diverse organizations and hundreds of individuals.
The State of California has no policies regulating GE crops, and the federal government is failing in its oversight role. Given this regulatory void, eight counties attempted to pass local restrictions on GE crops, four of which now have county bans or moratoria on GE crop production in place. In the 2005/06 legislative session, biotechnology and agribusiness interests sponsored a bill that would have pre-empted local authority over GE, but failed due to a groundswell of opposition from grassroots organizations, citizens, and elected officials around the state.
The original scope of AB 541 included the following provisions:
- Establishes the right of farmers and landowners to compensation for economic losses due to genetic contamination of their crops
- Protects farmers from being sued by a GE manufacturer if their crop is contaminated by that company's GE product.
- Establishes a county-level GE crop notification process so that farmers can trace contamination to the GE manufacturer.
- Protects the food supply by prohibiting the open-field cultivation of genetically engineered food crops used to produce drugs and biologics such as hormones and antibiotics.
AB 541 passed through its first committee, the Assembly Judiciary, in February 2007 with a vote of 7 - 3. It was then tabled in the Assembly Agriculture Committee in April when it became clear that there were not enough votes to pass. In the intervening months, the bill's supporters and opponents engaged in negotiations which engaged in negotiations which yielded the current version of the bill. It now has the support of the bill’s thirteen co-sponsors (the Genetic Engineering Policy Project) as well as the California Farm Bureau Federation who were opposed to the original version.
A full copy of the bill as currently amended can be found at the
following web site:
http://www.legislature.ca.gov/
The Issues
GE and non-GE plants can cross-pollinate and crops can be mixed together during harvest, handling and processing. It is widely known that it is virtually impossible in every case to prevent contamination of non-GE crops by patented GE plants or seeds. In spite of the uncontrollability of genetic contamination, farmers contaminated by GE crops can be and have been sued by GE manufacturers for patent infringement and breach of contract.
The State of California has no state laws or regulations governing GE crop production. In 2000, the legislature created a California Biotechnology Task Force. It disbanded without making any recommendations for state oversight. Four California counties have enacted local restrictions on GE crops, and a state pre-emption bill (SB 1056) to override these local laws failed in 2006. In spite of their pervasiveness in food and agriculture, the federal government has no mandatory human or environmental safety testing requirements for GE crops or food.
AB 541 Supporters
California Cotton Ginners and Growers Associations
California Certified Organic Farmers
California Farm Bureau Federation
California Council of Churches IMPACT
California Farmers Union
Center for Food Safety
Center for Environmental Health
Community Alliance with Family Farmers
Earthbound Farm
Occidental Arts and Ecology Center
Natural Products Association West
Pesticide Action Network North America
United Natural Foods Inc.
- and many others
For more information on this issue, please go to www.gepolicyalliance.org.