The Campaign to Label Genetically Engineered Foods: Massechusetts

The following e-mail is from Jill Rubin, Food Safety Advocate for MASSPIRG, and is dated April 13, 2001:

We have two very exciting bills coming up in the Massachusetts legislature. One will hold the biotechnology companies liable for any harm that comes from the use of GE foods and the other one will place a five-year planting moratorium on GE crops in Massachusetts.

These bills will be heard on Monday, April 23rd. Please send in written testimony write to:

Joint Committee on Natural Resources and Agriculture
Room 473F
State House
Boston, MA 02133

We will also be having a rally behind the State House at NOON on Monday, April 23rd to show our support for protecting our health and environment from genetically engineered foods. We will be meeting in Ashburton Park behind the State House Anex.

Please pass along the following action alert.

Thanks for your help!

Jill Rubin
Food Safety Advcate
MASSPIRG
29 Temple Place
Boston, MA 02111
jillrubin1@juno.com,
(617) 292-4800

TAKE ACTION!

Contact the Chair of the Natural Resources Committee and voice your support for Legislation On Genetically Engineered Foods

BACKGROUND:

GE foods may cause serious health and environmental impacts. Despite these risks federal regulations do not require pre-market testing or labeling of GE foods. Here in Massachusetts, we have a great opportunity to protect our health, our environment, and our food supply through the liability and planting moratorium bills filed in the State Legislature this year.

LIABILITY BILL (HB 3385)

“An Act Relative to the Liability of Genetically Engineered Foods” was filed in the House and Senate. This bill will hold biotechnology companies liable for any harm that comes from the use of genetically engineered (GE) seeds or hormones regardless of intent or negligence. The House version, HB 3385, will be heard in the Joint Committee on Natural Resources on April 23rd at 10:30 am.

TALKING POINTS

1. PURPOSE:

HB 3385 will encourage biotechnology companies to be vigilant of safety concerns prior to commercializing GE foods. In addition, by assigning liability to the biotechnology companies, the public will be able to recover damages due to the use of GE foods.

2. RESPONSIBLE BUSINESS:

As the inventors and aggressive marketers of GE food, biotechnology companies should be responsible for damages that GE crops, seeds, and hormones cause.

3. POTENTIAL TO CAUSE GREAT HARM:

·Food is a universal necessity. Anything that can potentially threaten our food supply poses a great risk to our health and safety; ·Impacts of genetic engineering on our food are unpredictable. For example, researchers found that that an insecticidal protein used in genetic engineering binds to human blood cells indicating it may cause immunological damage;

·Our food supply can be contaminated in a short period of time. For example, StarLink, a GE corn never approved for human consumption, accidentally entered our food supply. In just three growing seasons, StarLink tainted 430 million bushels of corn in the U.S. ·GE crops are living organisms that can propagate and spread in undesirable ways. For example, GE corn pollen is known to blow up to 4 to 6 miles and reproduce with conventional corn. Once non-GE crops are contaminated, there is no turning back.

PLANTING MORATORIUM BILL (HB 2207)

“An Act Relative To Planting Genetically Modified Crops,” HB 2207, will place a five-year planting moratorium on GE crops in Massachusetts. This bill will be heard in the Natural Resources Committee along with HB 3385 on April 23rd.

TALKING POINTS

1. PURPOSE:

This bill ensures that we fully understand the impacts of GE crops before we introduce them into our environment.

2. HARM TO WILDLIFE. GE foods have the potential to:

·Become invasive species. GE plants are living organisms capable of reproduction and once released they cannot be recalled.

·Cause unintended harm to wildlife. For example, many GE crops produce their own pesticides in every cell. Toxic pollen may travel by wind or animals and harm surrounding wildlife.

3. RISKS TO FARMERS by:

·Contaminating non-GE crops. GE crops do not observe farm boundaries and therefore threaten surrounding farmers with contamination. This could be especially financially devastating for organic farmers who would lose their certification and livelihood.

·Creating “super-weeds” that are pesticide resistant and difficult to eliminate.

·Increasing the pace of pesticide resistance in crop pests.

·Losing crop varieties. Farmers who save their own seed a propagate unique crop varieties may lose this ability due to cross pollination with GE crops.

4. MARKETABILITY OF SAFE FOOD:

By enacting a five-year planting moratorium, consumers in Massachusetts can be assured that their local produce is free from the potential dangers of genetically engineered food. A moratorium will also provide the opportunity for Massachusetts’s farmers to market their crops abroad and regionally as GE free.

TAKE ACTION:

1. Contact the Chair of the Natural Resources Committee and voice your support for HB 3385 and HB 2207. E-mail/ call/ write: Senator Marc Pacheco, Room 109C, State House, Boston, MA 02133; (617)722-1551, mpacheco@senate.state.ma.us

2. Come to a rally behind the State House at NOON on Monday, April 23rd to show your support for protecting our health and environment from genetically engineered foods. Meet in Ashburton Park behind the State House Anex and bring your friends.

Sample E-mail/ Letter:

Dear Senator Pacheco,

I am writing to urge you and the Natural Resources Committee to pass favorably HB 2207 and HB 3385. Both bills will help protect our health and our environment from any harm that comes from genetically engineered (GE) foods.

GE foods are being sold at our grocery stores even though they have not been proven safe. GE foods pose serious risks to human health and the environment from causing unexpected allergies to creating new toxins in our food. Anything that can potentially harm our food supply is a great risk to our health and safety and should be strongly regulated.

HB 3385 will encourage biotechnology companies to ensure that GE foods are safe before they are marketed by holding them liable for any harm that comes from their use. This bill will also allow the public to recover damages that are caused by GE foods.

Currently, few genetically altered crops are grown in Massachusetts. However, GE crops have been planted all over the Midwest. Midwest farmers who do not to grow GE crops are having difficulty protecting the integrity of their non-GE crops and contamination has led to financial losses. We can still avoid this situation in Massachusetts. Furthermore, GE crops are living organisms capable of reproduction and once released into the environment they cannot be recalled. We can protect Massachusetts’ environment and farmers by passing HB 2207 and placing a five-year moratorium on GE crops.

Once again, I strongly encourage you and the committee to support HB 2207 and HB 3385. Thank you for your time and consideration.

Sincerely,

Your Name
Address
Phone Number

For More Information Contact:

Jill Rubin
Food Safety Advocate
MASSPIRG
(617) 292-4800

jillrubin1@juno.com

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Bill Number: MA01RHD 2842 Filed: 12/ 6/ 0
Author: Hodgkins, Christopher
The Commonwealth of Massachusetts
In the Year Two Thousand and One

An Act Relative To The Liability For Genetically Engineered Food

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The General Court finds and declares:

(1) Genetic engineering artificially transfers genes at the cellular and molecular level between species that could never naturally breed and is therefore, qualitatively different from traditional, selective breeding;

(2) Genetic engineering can be used to produce new versions of virtually all plants and animals used for food. Thus, within a short time, the Massachusetts's food supply could consist almost entirely of genetically engineered products;

(3) This conversion from a food supply based on selective breeding to one based on organisms produced through genetic engineering could be one of the most important changes in the food supply in this century;

(4) Genetically engineered food presents new issues of safety that have not been adequately studied. Some of these suspected risks include decreasing antibiotic effectiveness in treating common diseases and harming untargeted species;

(5) Many of the potential effects of genetically engineered food are unpredictable and longterm.

(6) The biotechnology companies that invent and manufacture genetically engineered food are the scientific experts concerning this technology;

(7) The burden of ensuring environmental and human health safety should be placed on the biotechnology companies.

SECTION II.

Section 1 of chapter 94 of the General Laws as appearing in the 1998 Official Edition, is hereby amended by adding the following definitions:-

(a) "Genetically engineered" means:-

(1) An organism that has been altered at the molecular or cellular level by means that are not possible under natural conditions or processes (including recombinant DNA and RNA techniques, cell fusion, microencapsulation, macroencapsulation, gene deletion and doubling, introduction of foreign genes, and a process that changes the positions of genes), other than means consisting exclusively of breeding, conjugation, fermentation, hybridization, in vitro fertilization, or tissue culture; or

(2) The offspring of an altered organism, if the offspring possesses any of the changed molecular or cellular characteristics of the parent.

(b) "Genetically engineered food" means items for human consumption that contain or were produced using seeds or hormones that consist wholly or partly of genetically engineered organisms.

(d) "Strict liability" means absolute liability for any damages that result from the use of genetically engineered organisms without respect to intention or negligence.

(e) "Crop contamination" means any transfer of genetic material from a genetically engineered growing crop, by cross pollination or other means, to a nongenetically engineered growing crop; provided, however, that the farmer that grows non-genetically engineered crops does not also grow genetically engineered crops.

(f) "Farmer" means a person, partnership, limited liability company, association, corporation, cooperative, trust, sharecropper, or other business unit, device, or arrangement who, as either a landowner or a tenant, is engaged in growing agricultural crops or agriculture products including dairy production.

SECTION III.

Chapter 94 of the General Laws as appearing in the 1998 Official Edition, is hereby amended by adding the following sections after section 328:-

Be it enacted by the General Court of Massachusetts:

Section 329:

(A) Any person who genetically engineers organisms for their use as food, including seeds, hormones and other products, shall be strictly liable in tort for damages caused by the use of their products; provided, however, that the harm was not a result of another person violating reasonable safety precautions that were outlined in a signed agreement by both persons. The damages shall include but are not limited to:

(1) Human health effects including but not limited to:

(a) Allergies resulting from added proteins, including proteins not found in the food supply;

(b) Exposure to toxic proteins or other substances added to genetically engineered food or caused by the effects of genetic engineering;

(d) A decrease in antibiotic resistance because of the spread of antibiotic resistance genes that are used during genetic engineering;

(2) Environmental harm including but not limited to:

(a) Death or injury to nontargeted plants, animals, and other species;

(b) Soil destruction; and

(3) Crop contamination including but not limited to:

(a) Loss of any price premium which would have accrued to a farmer of nongenetically engineered products by contract or other marketing arrangement, or which would have been otherwise reasonably available to the farmer through ordinary commercial channels;

(b) Any additional transportation, storage, handling, or related charges or costs incurred by the farmer which would not have been incurred in the absence of crop contamination; and

(c) Any judgment, charge, or penalty for which the farmer of non genetically engineered products is liable due to breach of contract including loss of organic certification, for failure to deliver a crop free of genetically engineered material or for delivering a crop exceeding any contractually agreed tolerances for the presence of genetically engineered material.

(B) Any aggrieved person may bring action in the appropriate court against any person that causes harm under this act.

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Bill Number: MA01RHB 2201
Author: Rachel M. Kaprielian
The Commonwealth of Massachusetts
In the Year Two Thousand and One

AN ACT To Amend The Agriculture And Markets Law, In Relation To Genetically Modified Crops.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section __ Article __ of the agriculture and markets law, as renumbered by chapter of the laws of , is renumbered article ___ and a new article is added to read as follows:

ARTICLE_

GENETICALLY MODIFIED CROPS

SECTION 400. LEGISLATIVE FINDINGS.

401. DEFINITIONS.

402. PLANTING OF CROPS.

403. MARKETING PLAN.

Section 400. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS THAT GENETICALLY MODIFIED CROPS POSE RISKS OF UNKNOWN DIMENSION TO HUMAN HEALTH AND THE ENVIRONMENT, AND THAT DRAMATIC INCREASES IN THE PLANTING AND CONSUMPTION OF SUCH CROPS OVER THE PAST SEVERAL YEARS HAVE FAR OUTPACED OUR UNDERSTANDING OF THEIR IMMEDIATE AND LONG-TERM EFFECTS. FURTHERMORE, BECAUSE THE EXCHANGE OF GENETIC MATERIAL BETWEEN GENETICALLY MODIFIED CROPS AND CONVENTIONAL CROPS, WILD PLANTS, AND ORGANISMS IS KNOWN TO OCCUR, GENETICALLY MODIFIED MATERIAL AND ANY ADVERSE CHARACTERISTICS IT CONFERS OR PROMOTES CAN BE IRREVOCABLY DISPERSED INTO THE WIDER ENVIRONMENT. THE LIST OF POTENTIAL HAZARDS OF CONCERN INCLUDES BUT IS NOT LIMITED TO:

THE DEVELOPMENT OF INSECT AND WEED RESISTANCE TO PESTICIDES; INJURY OR DEATH OF NON-TARGET SPECIES; CROP LOSS FROM SEEDS THAT DO NOT YIELD AS EXPECTED OR THAT PRODUCE CROPS WITH UNEXPECTED CHARACTERISTICS; AND ALLERGENICITY,

TOXICITY, OR DECREASED NUTRITIONAL VALUE OF GENETICALLY MODIFIED CROPS. THE LEGISLATURE FURTHER FINDS THAT FOODS PRODUCED FROM GENETICALLY MODIFIED CROPS ARE INCREASINGLY BEING REJECTED BY DISTRIBUTORS, PROCESSORS, RETAILERS AND CONSUMERS ALIKE IN BOTH DOMESTIC AND INTERNATIONAL MARKETS. THE GROWTH OF GENETICALLY MODIFIED CROPS IN MASSACHUSETTS THUS PLACES ALL STATE FARMERS AT RISK IN THE MARKETPLACE.

THOSE WHO INTENTIONALLY PLANT GENETICALLY MODIFIED CROPS AND KNOWINGLY ACCEPT THE MARKETPLACE RISK ALSO PLACE AT RISK THOSE WHO PLANT CONVENTIONAL AND ORGANIC CROPS, WHICH CAN BE UNINTENTIONALLY CONTAMINATED BY GENETICALLY

MODIFIED CROPS. A MORATORIUM ON THE PLANTING AND GROWING OF GENETICALLY MODIFIED CROPS IN MASSACHUSETTS WILL ENHANCE THE VALUE AND PROTECT THE REPUTATION OF MASSACHUSETTS' AGRICULTURAL PRODUCTS, CONFERRING A SIGNIFICANT MARKETING ADVANTAGE WHILE PRESERVING THE STATE'S ECOLOGICAL HEALTH. FOR THESE REASONS, THE LEGISLATURE ENACTS A SUSPENSION OF THE PLANTING AND GROWING OF GENETICALLY MODIFIED CROPS IN MASSACHUSETTS

Section 401. DEFINITIONS. AS USED IN THIS ARTICLE "GENETICALLY MODIFIED CROPS" SHALL MEAN CROPS PRODUCED FROM PLANT VARIETIES CREATED USING TECHNIQUES THAT ALTER THE MOLECULAR OR CELL BIOLOGY OF AN ORGANISM BY MEANS THAT ARE NOT POSSIBLE UNDER NATURAL CONDITIONS OR PROCESSES. GENETIC MODIFICATION SHALL INCLUDE RECOMBINANT DNA, CELL FUSION, MICRO- AND MACRO-ENCAPSULATION, GENE DELETION AND DOUBLING, INTRODUCTION OF A FOREIGN GENE, AND GENE REPOSITIONING.

IT SHALL NOT INCLUDE CROP BREEDING, CONJUGATION, FERMENTATION, HYBRIDIZATION, AND TISSUE CULTURE.

Section 402. PLANTING OF CROPS. NO GENETICALLY MODIFIED CROPS MAY BE PLANTED OR GROWN IN THE STATE FOR A PERIOD OF FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS ARTICLE.

Section 403. MARKETING PLAN. THE DEPARTMENT OF FOOD AND AGRICULTURE SHALL PREPARE A MARKETING PLAN THAT USES THIS ACT AS A PROMOTIONAL TOOL FOR MASSACHUSETTS AGRICULTURAL PRODUCTS.

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Bill Number: MA01RHB 3252 Filed: 12/ 6/ 0
Author: Polito, Karyn E.
The Commonwealth of Massachusetts
In the Year Two Thousand and One

AN ACT RELATIVE TO GENETICALLY MODIFIED ORGANISMS

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 1 of chapter 94 of the General Laws as appearing in the 1998 Official Edition, is hereby amended by inserting the following:-

For the purpose of this act, the following phrases shall have the following meanings:-

(a) "Genetically engineered" shall mean

(1) An organism that has been altered at the molecular or cellular level by means that are not possible under natural conditions or processes (including recombinant DNA and RNA techniques, cell fusion, microencapsulation, macroencapsulation, gene deleti and doubling, introduction of foreign genes, and a process that changes the positions of genes), other than means consisting exclusively of breeding, conjugation, fermentation, hybridization, in vitro fertilization, or tissue culture; or

(2) The offspring of an altered organism, if the offspring possesses any of the changed molecular or cellular characteristics of the parent.

(b) "Genetically engineered food" means items for human consumption that contain or were produced using seeds or hormones that consist wholly or partly of genetically engineered organisms.

SECTION 2. Chapter 94 of the General Laws as appearing in the 1998 Official Edition, is hereby amended by adding the following sections after section 328:-

Section 329: Any person or corporation who utilizes genetically engineered organisms in the production of food products for use and sale, including, but not limited to, seeds, hormones, produce, fresh or processed food products and foodstuffs and other products for consumption, shall conspicuously label said products with a label indicating the presence of genetically modified organisms as either a component for production or ingredient in said product. The following shall be acceptable notification:

THIS PRODUCT CONTAINS A GENETICALLY ENGINEERED MATERIAL, OR WAS PRODUCED WITH A GENETICALLY ENGINEERED MATERIAL

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Bill Number: MA01RSB 1789 Filed: 12/ 6/ 0
Author: Joyce, Brian A.
The Commonwealth of Massachusetts
In the Year Two Thousand and One

AN ACT RELATIVE TO THE LIABILITY FOR GENETICALLY ENGINEERED FOOD.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION I.

The General Court finds and declares:

(5) Many of the potential effects of genetically engineered food are unpredictable and long-term.

(6) The biotechnology companies that invent and manufacture genetically engineered food are the scientific experts concerning this technology;

(7) The burden of ensuring environmental and human health safety should be placed on the biotechnology companies.

SECTION II.

Section 1 of chapter 94 of the General Laws as appearing in the 1998 Official Edition, is hereby amended by adding the following definitions:-

(a) "Genetically engineered" means-

(1) An organism that has been altered at the molecular or cellular level by means that are not possible under natural conditions or processes

(including recombinant DNA and RNA techniques, cell fusion, microencapsulation, macroencapsulation, gene deletion and doubling, introduction of foreign genes, and a process that changes the positions of genes), other than means consisting exclusively of breeding, conjugation, fermentation, hybridization, in vitro fertilization, or tissue culture; or

(2) The offspring of an altered organism, if the offspring possesses any of the changed molecular or cellular characteristics of the parent.

(b). "Genetically engineered food" means items for human consumption that contain or were produced using seeds or hormones that consist wholly or partly of genetically engineered organisms.

(d) "Strict liability" means absolute liability for any damages that result from the use of genetically engineered organisms without respect to intention or negligence.

(e) "Crop contamination" means any transfer of genetic material from a genetically engineered growing crop, by cross pollination or other means, to a non-genetically engineered growing crop; provided, however, that the farmer that grows non-genetically engineered crops does not also grow genetically engineered crops.

SECTION III.

Chapter 94 of the General Laws as appearing in the 1998 Official Edition, is hereby amended by adding the following sections after section 328:-

Be it enacted by the General Court of Massachusetts:

Section 329:

(1) Human health effects including but not limited to:

(a) Allergies resulting from added proteins, including proteins not found in the food supply;

(b) Exposure to toxic proteins or other substances added to genetically engineered food or caused by the effects of genetic engineering;

(d) A decrease in antibiotic resistance because of the spread of antibiotic resistance genes that are used during genetic engineering;

(2) Environmental harm including but not limited to:

(a) Death or injury to non-targeted plants, animals, and other species;

(b) Soil destruction; and

(3) Crop contamination including but not limited to:

(a) Loss of any price premium which would have accrued to a farmer of non-genetically engineered products by contract or other marketing arrangement, or which would have been otherwise reasonably available to the farmer through ordinary commercial channels;

(b) Any additional transportation, storage, handling, or related charges or costs incurred by the farmer which would not have been incurred in the absence of crop contamination; and

(c) Any judgment, charge, or penalty for which the farmer of non-genetically engineered products is liable due to breach of contract including loss of organic certification, for failure to deliver a crop free of genetically engineered material or for delivering a crop exceeding any contractually agreed tolerances for the presence of genetically engineered material.

(B) Any aggrieved person may bring action in the appropriate court against any person that causes harm under this act.