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Testimony of Jack Kittredge

Statement Before Massachusetts Legislature

Genetic Engineering News

June 14, 2007
compiled by Jack Kittredge
NOFA/Mass Social Action Coordinator

Hearing on 3 Anti-GMO Bills on Monday July 9 at 1:00pm in Room 1009, Campus Center, UMASS Amherst. On July 9th, 3 bills that would begin to address the threat of genetic engineering to farmers, our health and the environment will get a public hearing before the Joint Committee on Environment, Natural Resources and Agriculture. WE NEED YOU to testify to support these bills! If you can and want to come early, join us for free pizza at Bertucci's at noon. If you cannot attend the hearing, please consider submitting written testimony and forward a copy to Ben Grosscup, NOFA/Mass, 22 High St #1, Amherst, MA 01002 (or e-mail: ben.grosscup@nofam0.org) as we would like to keep a record of the testimony. A single personal letter is worth 10 Emails, they tell us.

There will be a sign up sheet at the hearing for people to mark their name, which bill they are speaking on, and whether they are speaking to support or oppose it. The bills will be heard in numerical order -- Senate bills first and House bills second. People will have 3 minutes to speak, and the committee has asked that speakers not read written testimony, because the members are capable of reading it. The hearing will most likely take the full afternoon, so plan to stay awhile. The bills are:

- An Act Relative to Seed Labeling H874 (Rep. Story)

This bill would require new labels on all GE seeds sold in Massachusetts. It would also create new regulations that require GE seed manufacturers to report annually on all the GE seeds they sell in Massachusetts. A substantially similar bill was signed into law in Vermont in 2004.

Talking Points on Seed Labeling:
1. Over 30 Massachusetts municipalities have passed resolutions calling for a range of policy changes on genetic engineering. All of them have called for labeling of GE seeds as well as GE foods.

2. Farmers are at risk of unknowingly buying GE seeds due to lack of labeling and clarity in catalog listings, because there are no laws requiring seed companies to disclose that their products are genetically engineered.

3. This bill should be amended to require that GE seeds bear the label "genetically engineered," (the current wording requires more technical language but not this clear statement) because otherwise there is no way to guarantee a clear understanding by the buyer.

- An Act to Establish a Moratorium on Genetically Engineered Food Products H875 (Rep. Story) This bill would establish a moratorium on the growing of GE crops in Massachusetts "until there is credible and independent scientific evidence that these products are not harmful to the environment of the commonwealth and the health of its citizens, as determined by the commissioner of agriculture." No such bill has ever passed a state legislature in the United States.

Talking Points on GE Food Moratorium:
1. GE crops have not undergone thorough independent safety testing that confirms their safety, and many scientists' research concludes that the process of genetic engineering itself is inherently disruptive to the biological function of organisms.

2. Genetic engineering cannot "co-exist" with organic agriculture because genetic contamination through cross-pollination and other means is inevitable.

3. NOFA/Mass supports deleting the clause that gives discretion to the Commissioner of Agriculture (who has an established role as an advocate for agriculture in the state) and placing that responsibility with the Commissioner of Public Health (whose statuary function is to protect public and environmental health) after conducting public hearings and a thorough scientific review.

- An Act Relative to Genetically Modified Pharmaceutical Crops H865 (Rep. Smizik)
This bill would impose a moratorium on open-air planting of these drug and chemical-producing crops until regulations are in place preventing them from contaminating normal crops. As part of developing such regulations, there would be public hearings and a chance for experts in crop contamination to testify. As in H875, we support ensuring that the regulatory authority not be the Commissioner of Agriculture, but instead the Commissioner of Public Health.

Talking Points on GE Pharma Crops: 1. Pharma crops produce small amounts of drugs, industrial chemicals, solvents, etc. which are harvested and concentrated and used in industry and medicine. The risk of genetic contamination here is even worse than in normal crop contamination as you may end up growing and eating sweet corn which produces a low level of spermicide or of an abortifacient.

2. Pharma crops have primarily been engineered from food crops such as corn, because scientists know so much about those crop's biology. But food crops pose the greatest risks to human health when contamination occurs, as it necessarily will.

3. Preventing open air testing of pharma crops is a minimum level of protection we require from this dangerous experiment in which humans are the guinea pigs.
Source: NOFA/Mass Action Alert, June 15, 2007

Farm Bill Would Pre-Empt State or Local Rights to Regulate GMOs.
On May 24 the U.S. House subcommittee on Livestock, Dairy and Poultry added new language to the 2007 Farm Bill that would bar states or localities from prohibiting any food or agricultural product that the USDA has deregulated. The new language reads:

SEC. 123. EFFECT OF USDA INSPECTION AND DETERMINATION OF NON-REGULATED STATUS.

Notwithstanding any other provision of law, no State or locality shall make any law prohibiting the use in commerce of an article that the Secretary of Agriculture has- (1) inspected and passed; or
(2) determined to be of non-regulated status.
The primary intent of this passage is to deny local or state rights to regulate genetically engineered crops or food. This would wipe out the restrictions passed by voters in four California counties and two cities, and could limit the powers of the California Rice Certification Act and its ability to prohibit the introduction of GE rice varieties. Local and state laws pertaining to GE crops have also been passed in Colorado, Florida, Hawaii, Idaho, Maine, Minnesota, Nebraska, North Carolina, Oregon, South Dakota, Vermont, Washington and Wisconsin. All of these democratically enacted laws are threatened by this language. The biotech industry and big agribusiness have been trying to push similar bills in dozens of states across the country, and also at the Federal level with last year's so-called "Food Uniformity" bill. Now they want to sneak it into a committee hearing and hide it in the Farm Bill. The members of the committee need to hear from all of us NOW! The markup in the Ag Committee to decide whether to keep the language will be June 26. Source: Action alert, http://ga3.org/campaign/House_Ag/

GM and Non-GM Crops too Close, Study Says.
Field trials could be seriously underestimating the potential for cross-pollination between GM and conventional crops and buffer zone distances may be too small, according to new research from the University of Exeter in the UK. The findings showed huge variation in the amount of cross-pollination between GM and non-GM crops of maize, oilseed rape, rice and sugar beet. One of the researchers, Martin Hoyle, said, "We were struck by the strong influence of wind direction on the amount of cross-pollination. Recommended minimum distances between GM and conventional crops may need to be increased based on our findings." Friends of the Earth (FoE) called for a moratorium on commercial GM farming until the risks were fully understood. Clare Oxborrow of FoE said: "This new research makes clear that there are still so many gaps in our knowledge about the implications of GM farming... This technology-has been utterly rejected by the public yet ministers continue to try to steamroller ahead. This research makes clear it is time to take a step back and think again."
Source: http://www.gmwatch.org/archive2.asp?arcid=7959 http://www.gmwatch.org/archive2.asp?arcid=7957

Cyprus Wants to Be Declared GM-Free
Cyprus wants to declare itself a GM-free zone because it is not big enough to ensure conventional crops will remain unaffected by GM ones, its agriculture minister said. Photis Photiou said Cyprus, which joined the EU in 2004, would also support controversial legislation now being drafted by parliament placing GM food on separate supermarket shelves. A previous attempt to introduce such legislation led the US to threaten Cyprus with the WTO. ?
Source: http://www.gmwatch.org/archive2.asp?arcid=7974

New Crop of GM Crops Promises Yet More (And Different) Herbicides
According to a story in Science, 24 percent of farmers in the northern Midwest USA and 29 percent in the Southern USA say they have glyphosate-resistant (GR) weeds. Crop scientists in Argentina, Brazil, and Australia report GR grasses popping up too. "The selective pressure for weeds to develop resistance has been huge," Stephen Duke, a plant physiologist at the USDA's Agricultural Research Service, said. So scientists at the University of Nebraska, Lincoln, have engineered a new category of GM crops. The new plants - which include broad-leafed greens such as soybeans, tomatoes, and tobacco - are resistant to a herbicide called dicamba. But the researchers themselves don't seem so confident that Mother Nature won't soon outsmart even this maneuver. Monsanto, which has licensed the dicamba technology, is hard at work on "gene stacking" - combining genes for multiple herbicide resistance into one plant.
Source: http://www.gmwatch.org/archive2.asp?arcid=7955

Cash Bonanza In Prospect For Genome Pioneer
The man who sequenced the human genome and scoured oceans for unknown organisms is seeking exclusive commercial rights to the bare essentials for life. It follows a discovery by researchers backed by Craig Venter, the school dropout turned scientific entrepreneur, of what is believed to be the minimum number of genes required for life to exist. The discovery could result in the first man-made organisms, which Dr Venter hopes to turn into a trillion-dollar business by using them to create environmentally-friendly fuel. Together the genes spell out the most efficient form of life possible - the fewest possible genes needed to allow an organism to grow, replicate and proliferate. The researchers, based at the not-for-profit J Craig Venter Institute in Rockville, Maryland, revealed details of the discovery in a patent application under consideration at the World Intellectual Property Organization.

Scientists have long sought an answer to the question of how few genes an organism needs to survive. The knowledge will allow researchers to create living organisms almost from scratch. The Rockville team hopes to create new microbes that produce hydrogen and ethanol efficiently. If they succeed, vats of the microbes could be used to produce fuel. The breakthrough could generate enormous sums for Dr Venter's Institute. In an interview with Newsweek magazine this year, he claimed that a fuel-producing microbe could become the first billion- or trillion-dollar organism.

The research team came up with the list of genes after studying one of the most simple microbes in existence - mycoplasma genitalium, which causes urinary tract infections. By disrupting the proper functioning of each of its 482 genes, the scientists were able see which were essential. They found 101 could be removed without killing the organism, meaning 381 are vital for life. The patent, which claims the invention of a minimal set of genes necessary for "replication of a free-living organism", describes how the genes could be implanted into "ghost" bacteria which have had their DNA removed. The process would create synthetic organisms, dubbed "syns", which could be studied to understand the most simple molecular mechanisms fundamental to life.

The development has caused alarm among groups that fear developments in the field, known as synthetic biology, are happening too quickly for their potential implications to be understood.
Source: The Hindu, June 8

Oregon Passes Biopharm Bill
The Oregon Biopharm Bill, SB 234, passed the House June 4 on a 55-0 vote, and is on its way to Governor Ted Kulongoski for his signature to make it law. It had previously passed the Senate 29-1. The purpose of this bill is to increase state involvement in the permitting and monitoring of biopharm crops in Oregon. The bipartisan support is an indication of the widespread opinion that the USDA's regulation of biopharm crops is inadequate and the belief that Oregon has to step forward to protect itself against a contamination incident.

The law requires 2 steps - negotiating a memorandum of understanding (MOU) with the USDA and then writing specific Oregon rules. The USDA told Katy Coba, OR Dept. of Ag director, that it would agree to the following recommendations of the biopharm ad hoc committee: * Agree upon a MOU that formalizes collaboration with the USDA
* Permit ODA and Public Health officials to view confidential business information re: biopharm crops
* Authorize that both the ODA and Public Health Directors must approve a biopharm crop permit before field trials are allowed to proceed
* Express preference for non-food crops, or crops grown indoors in a secure greenhouse; requires written justification for outdoor food crops
* Require FDA preliminary opinion on safety of biopharm crop; disclose to state officials
* Require demonstration of adequate insurance to cover potential damages of an inadvertent release
* Charge the biopharm company to cover costs of Oregon's monitoring activities
* Establish public communications plan, including channels for scientific opinions and opportunity for public comments
Source: private Email, June 5

Big Food Worried About Pharma Crops The food industry group GMA/FPA (the Grocery Manufacturers Association and Food Products Association merged earlier this year) has posted a new position paper on pharma and industrial crops on its website. The position paper includes some good language, leading off with:

"GMA/FPA firmly believes Plant-Made Pharmaceuticals and Plant-Made Industrial Compounds (PMP's and PMIC's) should not be produced in food or feed crops due to legitimate concerns about their negative impacts on food safety, on domestic and international markets for food crops, on the integrity of the wider food supply, and on otherwise avoidable regulatory enforcement actions."

In the paper, GMA/FPA also states its position that, before issuing a permit for a pharma/industrial food crop, the USDA should require something like an early food safety evaluation by the FDA.
Source: http://www.gmabrands.com/publicpolicy/docs/Plant-MadePharmaceuticalsandPlant -Madel.pdf

Rice Futures Plummet Over GM Rice
Chicago Board of Trade rice futures have plummeted amid stories of GM-contaminated rice building up in Arkansas elevators, according to Dow Jones Newswires.
Source: http://www.lobbywatch.org/archive2.asp?arcid=7892

GM Rice Claims Exceed $1 Billion
Hundreds of lawsuits have been filed and more are expected in the wake of the GM contamination of US rice. In one class action suit, attorney Don Downing has filed suit on behalf of hundreds of Missouri and Arkansas farmers, representing over 248,000 acres of rice. Downing said, "Many farmers have decided to quit planting as much rice as they have in the past... the rice price isn't where it would have been had this not happened - and we've lost a chunk of our export market." Total compensatory damages may approach or exceed $1 billion - and that's before taking into account punitive or statutory damages.
Source: http://www.lobbywatch.org/archive2.asp?arcid=7941

Less U.S. Rice Farming Due To GM
Rice acreage in the US in 2007-8 is likely to decline due to concerns over GM contamination, which has already led to the loss of a major share of the EU market.
Source: http://www.lobbywatch.org/archive2.asp?arcid=7866

GM Contaminated Rice Recall In Greece
Supermarket chain AB Vassilopoulos is the latest to announce it's pulling US rice off its shelves after it was found to have been GM contaminated. ?
Source: http://www.lobbywatch.org/archive2.asp?arcid=7920

GM Rice Scandal Helps Thai Rice Exports
The GM rice scandal in the US and natural calamities elsewhere in Asia could push Thailand's rice exports up nearly 20% this year. ?
Source: http://www.lobbywatch.org/archive2.asp?arcid=7872

GM Rice Scandal Opportunity For India
After the world's largest rice importer Ebro Puleva stopped trading in US rice, the Chairman of India's Agricultural Products and Processed Food Export Development Authority pointed out, "Since Indian rice is free from the GM contamination, this gap in supply certainly opens up vistas for additional market access for Indian exporters."
Source: http://www.lobbywatch.org/archive2.asp?arcid=7954

Rice With Human Proteins Approved In U.S.
USA Rice Producers have condemned the US government for giving approval for Ventria to plant over 3,000 acres of GM rice in Kansas, to produce human proteins intended to treat diarrhea. Group Chairman Paul Combs said, "The US rice industry is still reeling from the release of Bayer CropScience's genetically engineered LibertyLink rice into US Delta-region rice fields. We are living with the effect of unintended events and consequences. This decision will not generate any comfort among US commercial rice growers."
Source: http://www.lobbywatch.org/archive2.asp?arcid=7887 http://www.lobbywatch.org/archive2.asp?arcid=7889 http://www.lobbywatch.org/archive2.asp?arcid=7915

Germany: Rights Of Beekeepers Upheld Over GM Corn
A court in Germany has passed judgment in a case bought by a beekeeper, who has a GM corn field near him. The court judged that the state of Bayern had the responsibility to ensure that honey was not contaminated by pollen from Monsanto's Bt810 corn, and that the GM plants already growing should be pulled up or the pollen in the plant be otherwise made safe. ?
Source: http://www.lobbywatch.org/archive2.asp?arcid=7875

Roundup May Affect Reproduction and Foetal Development
Monsanto's Roundup has toxic effects on human embryonic cells, a new study shows. The toxic effects of Roundup are noticed at very weak doses (for the experiment, the product sold in stores was diluted up to 10,000 times). Effects were observed at dilutions less than the residues in discussion to be authorized in GMO feed in the US. The authors comment that the research may contribute to a better understanding of the problems of miscarriages, premature births or sexual malformations of babies. ?
Source: http://www.lobbywatch.org/archive2.asp?arcid=7893

Aerial Spraying of Roundup Damages DNA
Aerial spraying of the Roundup herbicide by the Colombian government on the border of Colombia and Ecuador has caused a high degree of DNA damage in local Ecuadorian people, according to a study. DNA damage may activate genes associated to the development of cancer, and may also lead to miscarriage or malformations in embryos.
Source: ?http://www.lobbywatch.org/archive2.asp?arcid=7899

Report Reveals Bt Crop Risks to Insects and Soil
Plants containing Bt toxins could severely damage soil and beneficial insect populations, suggests a published review of international scientific studies. ?
Source: http://www.lobbywatch.org/archive2.asp?arcid=7830

Groups Laud Florida's Ban on Non-Native and Genetically Altered Fish for Open Water Aquaculture

Assorted stakeholder groups and concerned individuals are praising the Florida Department of Agriculture and Consumer Services (FL DACS) for new rules governing farm raising of fish in Florida's ocean waters to prevent negative impacts to Florida coastal waters and ecosystems.

"One of the most important provisions in the new standards is a total prohibition on the use of non-native or genetically engineered fish in Florida open water aquaculture," explains Joseph Mendelson, Legal Director of the Center for Food Safety. "Fish will always escape from net pens due to a myriad of factors including severe weather, predator damage to nets, faulty equipment, human error and more. When escaped fish are different than local wild fish, they change ecosystems and damage natural fish populations permanently. The new rules requiring local and unaltered fish are an excellent way to prevent this."

Florida is already experiencing the affects from fish farm escapes. Spotted tilapia, Orinoco sailfin catfish, and the oscar are just a few of the non-native fish that have escaped from fish farms and established themselves in Florida waters. Federal regulations governing aquaculture in the Gulf of Mexico are currently in the process of being drafted.
Source: May 22 Center for Food Safety press release

Americans Not Comfortable With GM Foods
A poll commissioned by the Biotechnology Industry Organization to coincide with its Boston conference shows that less than half of all Americans view GM foods in a positive light, and more than half American women find GM foods troubling. ?
Source: http://business.bostonherald.com/businessNews/view.bg?articleid=198965

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