California needs to take a long look at Genetically Engineered crops and create a coherent policy that addresses the risk of Genetically Engineered (GE) contamination.

My legislation, AB 541, The Food and Farm Protection Act, will protect California’s farmers, our environment and our food supply from contamination by genetically engineered crops. It would enact California’s first state policy to deal with GE crops and would recognize that with proper safeguards, we can explore the potential promise of GE in agriculture while protecting our farms, food supply, and the environment.

The danger of not implementing a policy occurs when non-GE crops are contaminated by GE crops. Contamination can occur through cross-pollination, movement by animals or mixing during handling and processing. Farmers producing for markets that reject GE foods can suffer significant economic damage when their crops are contaminated, as has already occurred across the U.S. 

AB 541 has three components. It establishes a notification system for farmers producing GE crops. It prohibits the open-air production of a special class of GE food crops engineered to produce pharmaceutical drugs, a practice that puts consumers at an unacceptably high risk of inadvertently eating pharmaceutical drugs. The third element, which I will elaborate on, establishes liability for the GE plant manufacturer in the event of damages related to contamination and protects innocent farmers whose crops have been contaminated from being the target of a patent infringement lawsuit by the GE manufacturer.

When a farmer produces a GE crop, he does so under contract with the manufacturer who retains ownership of the seed and its progeny. In spite of the best efforts of GE producers and those trying to remain GE-free, contamination can and does occur. AB 541 states that genetic contamination is a private nuisance, establishes a cause of action for the farmer or landowner who suffered the contamination and incurred at least $3,500 in damages and clarifies that the manufacturer is liable for the damages. A farmer who buys GE seeds and follows the guidelines for planting should not be sued by another farmer if the GE product contaminates another farmer’s crop.  The manufacturer, however, has a defense to liability if it can be shown the contamination was caused by gross negligence or willful intent.

Just as importantly, if a farmer’s crop is contaminated by GE plants, that farmer, who already is the victim of contamination, should not be able to be sued by the GE manufacturer because its product is now in the farmer’s crop.  That’s adding insult to injury and should not be allowed. 

In contamination incidents to date, the burden has been on victimized farmers to take their cases to court without the benefit of established case law or legislation establishing liability. AB 541 protects farmers whose crops have been contaminated as well as GE farmers whose crops contaminate others.  It levels the playing field for the victims of contamination and places the responsibility where it belongs, on the entity that owns the GE plant.

AB 541 will put in place a reasonable and responsible policy that addresses the risk of GE contamination, without banning any crops or restricting access to pharmaceutical drugs.  This bill recognizes that with proper safeguards, we can explore the potential promise and benefits of GE in agriculture while protecting our farms, food supply and environment.