Introduction
Scientists have identified a number of ways in which genetically
engineered organisms may adversely impact both human health
and the environment. In addition to posing risks that we
can envision and attempt to assess, genetic engineering
can also pose risks we simply don’t have the ability to
yet identify. Genetically engineered (GE) organisms can
cause economic troubles as well, since many foreign markets
will not accept products with GE content.
Potential harms to human health may include new allergens
in the food supply, increased antibiotic resistance, and
production of new toxins. Genetically engineered plants
might become uncontrollable “wild” nuisance plants. If relatives
of the altered crops are growing near the field, the new
gene can easily move via pollen into those plants. Crops
that are genetically engineered to contain toxins could,
with continuous exposure, yield insects and weeds that are
immune to pesticides and herbicides.
States are beginning to recognize the economic and environmental
risks that GE organisms pose, and introduce legislation
to regulate or even ban GE crops. Although many bills have
been introduced, few of them have passed. There is also
a growing movement to enact legislation at the county level
to regulate GE crops.
Local Action
California
Mendocino County
Measure
H made it illegal for any person, firm, or corporation
to propagate, cultivate, raise, or grow genetically modified
organisms in Mendocino County.
Status: Passed 3/3/04.
Other Counties in California
Trinity County passed a similar measure, and seven other
counties (Alameda, Butte, Humboldt, Marin, San Luis Obispo,
Santa Barbara, and Sonoma) are considering measures.
Vermont
Seventy-nine Vermont towns passed GMO resolutions –
mostly moratoriums – limiting the raising of genetically
modified crops in March 2004.
State Legislation
Bans
Hawaii
HB
99 (2003) imposes a moratorium on the release and planting
of genetically engineered coffee in the county of Hawaii
until a permit process has been developed and establishes
a permitting process.
Status: Carried over to 2004 Regular Session, 8/21/03.
Vermont
H
247 (2001) proposes to establish a moratorium on the
planting of genetically engineered seeds or plant parts
and a registration process for their distribution or sale;
to create a commission to study the use of genetically engineered
seeds or plant parts in the state; and, to require food
products containing ingredients from genetically engineered
plants to include that fact on the label.
Status: To House Committee on Agriculture, 2/9/01.
Maine
LD
1219 / HP 893 (2003) establishes a 3-year moratorium
on planting or cultivating genetically engineered plant
parts, seeds, or plants out of doors and a moratorium on
planting or cultivating genetically engineered plant parts,
seeds, or plants in greenhouses for commercial crop production.
Status: Died on adjournment, 6/14/03.
Montana
SJR
8 proposes that genetically engineered wheat or barley
be grown in Montana only when there is acceptance of these
genetically engineered crops by a majority of Montana's
foreign markets; recommends that research of genetically
engineered crops should continue; and, encourages regulatory
agencies to recognize their responsibility as genetically
engineered crops are introduced.
Status: Passed and signed, 4/10/03.
New York
A 2826 / S 1397 enact provisions imposing a 5-year moratorium
on the planting and growing of genetically modified engineered
crops in New York State and the use of a marketing plan
to promote New York State agricultural products.
Status: Both amended in Committee, 1/26/04.
Labeling Requirements
Connecticut
SB
1045 requires manufacturers of genetically engineered
foods to label them as such.
Status: To Joint Committee on General Law 4/9/03.
Hawaii
HB
1033 establishes labeling, affidavit, and recordkeeping
requirements, and other measures to monitor and regulate
genetically-modified agriculturally-related organisms and
establishes conditions and methods of labeling for products
free from genetic modification.
Status: Carried over to 2004 Regular Session, 8/21/03.
Iowa
HF
512 relates to the regulation of genetically-modified
engineered agricultural and vegetable seed, and provides
penalties and an effective date.
Status: Introduced, referred to Agriculture, 3/12/03.
New York
A 4458 / S 176 authorize and regulate the labeling of food
products as genetically-modified engineered organism-free;
in addition, these bills direct the Commissioner of Agriculture
and Markets to establish a registry of genetically modified
organism-free producers, which include those persons producing
foods and food products that the Commissioner finds to be
genetically modified organism-free.
Status: To Assembly Committee on Consumer Affairs and Protection,
2/19/03.
A 4206 / S 1834 provide for the labeling of food or food
products that contain a genetically-modified engineered
material or that are produced with a genetically-modified
engineered material; define terms; impose penalties for
false labels and misbranding; and, set forth exemptions.
Status: To Assembly Committee on Consumer Affairs and Protection,
2/12/03.
Vermont
H
351 / S 163 require food products containing ingredients
from genetically engineered plants to have that information
on the label.
Status: To House Committe on Agriculture, 3/11/03.
H
777 requires the identification and labeling of some
types of genetically altered seeds.
Status: Signed into law, 4/26/04.
Studies
North Dakota
HB
1338 was signed by Governor John Hoeven in 2001. It
states that the legislative council shall consider studying
issues related to genetic modification, including impacts
on health, the environment, the food supply, product labeling,
and actions by other jurisdictions regarding experimental
medicine and research, and the promulgation of accurate
information regarding genetic modification efforts that
exist or are expected to exist in the near future. The legislative
council shall report its findings and recommendations, together
with any legislation required to implement the recommendations,
to the fifty-eighth legislative assembly.
Hawaii
HB
1280 appropriates funds to the University of Hawaii
to assess the long-term effects of allowing genetic engineering
to occur in the state.
Status: Carried over to 2004 Regular Session, 8/21/03.
HCR
144 establishes a working group to assess the ethical,
health, and ecological consequences of crossing the species
boundary and creating genetically engineered organisms in
Hawaii.
Status: Deferred 3/28/03.
New Mexico
SM
62 requests the New Mexico Legislative Council to assign
to the appropriate interim legislative committee a study
of the feasibility and effects of requiring labeling of
food containing genetically engineered and genetically modified
ingredients.
Status: Introduced and passed Senate, 3/21/03.
Permits/Registration
Kansas
SB
236 establishes a permitting process and producer liability.
Status: To Senate Committee on Agriculture, 2/17/03.
Montana
HB
409 requires that a certificate be obtained prior to
the introduction of a genetically engineered wheat variety
in Montana.
Status: Missed deadline for general bill transmittal, 2/28/03.
South Dakota
SB
214 provides for the regulation of certain genetically
modified wheat; also, it requires a permit to grow or import
GM wheat.
Status: To Senate Committee on Agriculture and Natural Resources,
2/3/03.
Vermont
H
352 establishes a registration process for the sale
or distribution of genetically engineered seeds or plant
parts.
Status: To House Committee on Agriculture, 3/11/03.
Producer Responsibility and/or Liability
Massachusetts
S 1912 establishes that manufacturers are liable for genetically
engineered foods they produce.
Status: In Senate Committee on Science and Technology: Heard.
Eligible for Executive Session., 5/12/03.
Montana
SB
266 provides for a bond to introduce genetically modified
wheat.
Status: Missed deadline for general bill transmittal, 2/28/03.
SB
440 requires that all genetically engineered wheat seed
sold or distributed within the state be accompanied with
instructions regarding planting, growing, and harvesting,
and provides that a grower that follows all instructions
is not liable for damages.
Status: Missed deadline for general bill transmittal, 2/28/03.
HB
522 revises liability for genetically engineered wheat
and places liability on manufacturer unless grower knowingly
grows genetically engineered wheat.
Status: Missed deadline for general bill transmittal, 2/28/03.
North Dakota
SB
2304 provides that a producer has a claim for relief
against the patent holder of a transgenic wheat seed for
damages sustained under certain conditions.
Status: Failed to pass Senate, 2/6/03.
New York
A 1911 provides a cause of action for the contamination
of soil or animal husbandry products by genetically engineered
or modified organisms and establishes an affirmative defense
for such cause of action.
Status: To Assembly Committee on Judiciary, 1/23/03.
Vermont
H
350 / S 164 hold persons liable who omit material information
regarding the genetic characteristics of products that contain
genetically engineered seed or plant parts; allow farmers
that sustain damages from genetically engineered seed or
plants to sue the producers for damages; and, create the
advisory committee on genetic engineering.
Status: To House Committee on Agriculture, 3/11/03.
Regulating Sterile Seeds
Iowa
HF
515 prohibits the sale, or offer for sale, of certain
agricultural seed that has been genetically engineered,
making penalties applicable, and providing an effective
date.
Status: Introduced, referred to Agriculture, 3/12/03.
HF
518 provides that a person who is a patent holder of
agricultural seed is prohibited from conditioning the sale
or offer for sale of agricultural seed upon the purchaser
relinquishing a right to save a supply of the agricultural
seed for future planting.
Status: Introduced, referred to Agriculture, 3/12/03.
New York
A 998 bans the sale or planting of engineered sterile seeds;
in addition, it defines such term as seeds which have been
genetically engineered to produce plants the second generations
of which are unable to germinate.
Status: To Assembly Committee on Agriculture, 1/8/03.
Vermont
S
165 establishes a registration process for the sale
or distribution of genetically engineered seeds or plant
parts, and requires recordkeeping regarding the sale and
planting of genetically engineered seeds.
Status: Introduced, 3/17/03.
Notification
Hawaii
SB
1436 requires life science companies that operate as
producers to make public disclosure of locations of crop
fields and test sites of genetically modified crops, and
to specify the types of genetic tests conducted; in addition,
it requires the life science company to utilize independent
safety evaluations and monitoring.
Status: Carried over to 2004 Regular Session, 8/21/03.
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