First report to
comprehensively identify issues and outline a range of options
for change states see significant
increase of legislation supporting ag biotech; but northern
plains and northeast states concerned about impacts on wheat and
organic markets
A new fact sheet and updated database released
today by the Pew
Initiative on Food and Biotechnology finds that state
legislatures in 2003 considered significantly more legislation
in support of agricultural biotechnology than in the entire
2001-2002 legislative session. This increase appears to mark a
shift away from efforts to curb violent destruction of field
crops and test sites – the topic that dominated the last
legislative session.
At the same time, the Pew Initiative analysis
finds resistance to agricultural biotechnology in the Northern
Plains States (including Montana, North Dakota, and South
Dakota) where some growers are concerned that wheat markets may
be negatively impacted by the introduction of genetically
modified wheat and in the Northeast (including Maine,
Massachusetts and Vermont) where state legislators have sought
to protect local agricultural markets, many of which are
organic.
“The 2003 legislative session confirms our
belief that the introduction of biotechnology has given rise to
a complex web of issues that vary from region to region, and
that state legislators may feel are inadequately addressed at
the federal level” said Michael Rodemeyer, executive director of
the Pew Initiative on Food and Biotechnology. “The increasing
level of state activity raises the question of whether or not
state laws will ultimately create a checkerboard of inconsistent
legislation where rules for agricultural biotechnology vary from
state-to-state.”
The active role of the states was originally
identified in the Initiative’s analysis of the 2001-2002
legislative session. During that time period only five percent
of the total legislation introduced nationwide (or eight pieces
of legislation) comprised the “support biotechnology” category.
In contrast, in 2003, 36 percent of the
legislation introduced (47 bills and three resolutions)
supported biotechnology – often as part of general economic
development initiatives – by proposing to:
* implement research and education initiatives
(13 pieces of legislation were introduced, seven passed);
* facilitate economic and business development
for the state by providing loans and other assistance (20 pieces
of legislation were introduced, six passed);
* or offer tax incentives to biotechnology
corporations and businesses (17 pieces of legislation were
introduced, six passed).
Legislation introduced in 2003 also mirrors
regional concerns about agricultural biotechnology. Once again,
legislators from Hawaii introduced more legislation pertaining
to agricultural biotechnology than any other state, accounting
for 19 percent (19 bills and six resolutions) of all biotech
legislation introduced in 2003. Legislation introduced in Hawaii
includes bills that try to increase the amount of agricultural
research in the state, that attempt to protect and potentially
capitalize on Hawaii’s unique natural biodiversity, and others
that seek to make information about GM crop field trials public.
The Iowa legislature was also very active,
introducing 16 bills and passing four. The legislation
introduced in Iowa was decidedly supportive of biotechnology,
reflecting support for agricultural biotechnology as an
important tool which can help Iowa maintain its position as an
agricultural powerhouse.
Conversely, legislators from the Northern Plains
States (including Montana, North Dakota, and South Dakota)
introduced 10 bills which reflect growing concern among wheat
producers over the market impact of applying genetic engineering
technology to wheat – a valuable export commodity for these
states. Similarly, legislators from Connecticut, Maine,
Massachusetts, New York, Rhode Island, and Vermont – states that
have a significant organic agricultural sector – continued to
introduce bills which seek moratoria (five bills), labeling
requirements (six bills), and other legislation (three bills)
which could curb the introduction of agricultural biotechnology
in that region.
The fact sheet, entitled “2003 Legislative
Activity Related to Agricultural Biotechnology” chronicles and
catalogues state legislative activity relating to agricultural
biotechnology in the first year of the 2003-2004 legislative
session. When appropriate, comparisons are made to a similar
analysis of the 2001-2002 legislative session released by the
Pew Initiative in June 2003. The fact sheet is accompanied by
LegislationTracker, a database that archives state legislation
as well as some federal legislation, ballot initiatives, and
town hall resolutions introduced since early 2001.
Highlights of the research include:
* The 2003-2004 legislative session is on track
to be more robust than the 2001-2002 session. 130 pieces of
agricultural biotechnology legislation were introduced in 32
states in 2003, compared to the 121 pieces of legislation
introduced in 31 states during the first year of the 2001-2002
legislative session.
* In 2003, legislation fell into six major
categories: supporting biotechnology; implementing new or
changing existing state regulatory systems for GM crops and
animals; developing standards for labeling foods which may have
GM ingredients; addressing liability issues raised by
agricultural biotechnology or developing standards for
agricultural contracts; commissioning long-term studies to look
at specific issues related to agricultural biotechnology; and
banning certain GM crops or animals.
* No bills introduced in 2003 address the
violent or willful destruction of GM crops. Since “anti-crop
destruction” was the largest category of bills introduced during
the 2001-2002 session, the absence of bills on this topic likely
means states have already enacted legislation addressing this
issue in prior sessions.
* Fewer bills addressing the subject of labeling
were introduced in 2003 (only nine bills or seven percent of the
total legislation introduced) than in 2001-2002 (25 bills or 16
percent of the total legislation introduced).
* Less than a third of the legislation
introduced, actually passed and become law. Of the 130 pieces of
legislation introduced in 32 states in 2003, only 27 pieces (21
bills and six resolutions) were passed, representing 21 percent
of the total introduced. This reflects a slight decline from the
first year of the 2001-2002 legislative session when 30 percent
of all bills introduced passed.
The fact sheet can be viewed at:
http://pewagbiotech.org/resources/factsheets/legislation/factsheet.php.