ISSUE

GMOs

PLACE IN FOOD CYCLE

Natural/Human Resources

POLICY

Farmers' Protection Act Passed April 2006 19-8. Vetoed by Governor Douglas May 2006. Legally attributes liability with GMO seed patent owners for any harm or loss associated with GMO seed use/consumption. Requires disputes pertaining to GMOs to be heard in VT. and considerations based solely on VT. law and heard by VT. jurors.

POLICY TOOL

Regulations

SCALE

State, national, international

ACTORS

Farmers', Seed Manufacurers/producer, VT. Dept. of Agriculture, Agri-business, international trade markets, property owners, environmental interest groups, WHO, executive, legislative and judicial branches of VT. government. National/international judicial.

PROBLEMS ADDRESSED

Food security. Consumer protection (farmer considered consumer as well as purchasers of products). Economic security/sustainablity. Environmental protection and sustainability. Liability and loss protection. Property rights. Intellectual property rights.

POLICY GOALS IMPLICATED

Security-Food security enhanced by instituting process to protect plants natural capacity to reproduce and adapt to its' environment. Financial security-loss and liability protection that can threaten sustainability and livlihood. Insures ability to participate in organic and international markets that bar GE products. Equity-places financial and legal liability on patent holders of GE seeds. Protects equally GE seed farmers and organic seed farmers equally. Judicial component of law favors VT. farmers, as disputes heard in VT. under VT. law. Liberty-Absent for patent holders of GE seeds. High for GE and organic seed farmers Right to choose without liability considerations. Efficiency-Concentrataed cost for GE seed patent holders. Dispersed benefits to all farmers, property owners.

TOOL CHARACTERISTICS

Coercive-mandates liability and legal avenues available. Automaticity - judicial branch already exist, may require additional training & education, testing & expert testimony. Directness - Regulation and enforcement within VT. Increases level of directness. Visability - would increase with implementation. State processes increase media attention and input into interpretation and outcomes Flexibility - minimal, procedures established would require legislative action to change. Flexibility in legal response to adhere to VT. values/criteria. Certainty - High, level automaticity. Moderate due to opposing legal challenges (although VT. legal process advantage). Scientific processes may be required to determine GMO related harms and losses.

EXTENT POLICY SUPPORTS/HINDERS

IF PASSED AND ENACTED: Supports Civic Agriculture promotes coexistance of GMO/non-GMO farmers; protects farmers property rights; protects organic and GMO farmers from liability from damage and losses due to GMO use/consumption and cross pollination; enables all farmers to partake in the dispute/judicial process; promotes maintenance of VT. values through input into standards and judicial process and VT. jurors; promotes food and environmental security and sustainability; ensures economic sustainability for VT. farmers; maintains choice about use and limits impact potential; empowers VT. farmers-limits power of large GMO corporations; preserves natural genetics of seeds and plants and hence adaptability and thus farmers' future economic sustainability and livlihood, preservations of food and environmental security. Provides economic recovery if farmer loses capacity to market goods to countries banning GMOS and repairative damages (if possible). Hinders Civic Agriculture elimates liability for VT farmers which could encourage farmers' decision to use GMO seeds increasing risk of irreparable environmental damage and food security. Risk of permanent genetic alterations, promotes use despite insufficient studies and/or negative findings on .impact on environmental, human and animal health. IF FPA REMAINS VETOED; Liability for both GMO and non-GMO farmers risk economic sustainability; unbridled/unregulated use of GMO seeds, diminishes/eliminates recovery potential for farmer losses and environmental protection for property owners and residents of VT. with questionable potential for recovery. Exuberant and potentially prohibitive cost for VT farmers to engage in dispute resolution process. Currently GMO patent holder can take farmer to court anywhere. Empowers GMO patent holders.

ADDITIONAL LINKS

http://www.globalpolicy.org/socecon/trade/gmos/2006/0213wtogmo.htm
http://www.aphis.usda.gov/subjects/biotechnology
www.eco-farm.org
http://eric.ed.gov/ERICWebPortal/Home.protal?_nfpb=true&_pagelabel=home_page
www.ruralvermont.org/gmos.html
www.ruralvermont.org/archives/VT%20Farmer%20protection%20ACT%20Final.pdf