Bill Protects Against Biotech Lawsuits

First state bill regarding GE crops; Governor expected to sign.

Published on: Sep 8, 2008

Legislation protecting California's farmers from crippling lawsuits was passed by the State Assembly on August 30, 2008. The bill, AB 541 (Huffman, D-Marin/Sonoma), has passed both houses of the Legislature with strong bipartisan support and is now headed to the Governor's desk for his signature.

AB 541 enacts protections against lawsuits brought against 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 their 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, particularly Monsanto. The bill also establishes a mandatory crop sampling protocol to prevent biotech companies that are investigating alleged violations from sampling crops without the explicit permission of farmers.

The bill is sponsored by diverse organizations, some of whom are traditionally opposed on farm issues, and it is the first bill passed by the California legislature that brings regulation to genetically engineered crops.

"I am very pleased that my office, working with the stakeholders on both sides of this historically divisive issue, was able to find common ground and pass California's first legislation on genetic engineered crops," says Assemblymember Huffman. "While there is still work to be done on other aspects of genetic engineering, AB 541 is an important step in establishing basic protections for California's farmers."

AB 541 has the support of organizations traditionally on opposite sides of the GE issue, and its sponsors are confident that the Governor will sign it. The bill was sponsored by a thirteen-member coalition including Community Alliance with Family Farmers, Earthbound Farm, California Certified Organic Farmers, United Natural Foods Inc., as well as California Farmers Union and the California Farm Bureau, and several others.

"AB 541 is a move in the right direction," says Renata Brillinger, director of the Genetic Engineering Policy Project, the coalition of organic and conventional farmers, food industry, environmental, and faith organizations sponsoring AB 541. "It provides much needed protection for farmers who typically lack the resources to fight lawsuits brought by biotech conglomerates."