Initiative and Arguments

Here is the Measure Q summary from San Luis Obispo County and the complete ordinance. The ordinance will only regulate GE organisms within the context of agriculture. The Legal Analysis page addresses any concerns with the regulation of laboratory research.

County Counsel Summary

AN INITIATIVE PETITION TO ESTABLISH A COUNTY ORDINANCE PROHIBITING THE GROWING OF GENETICALLY ENGINEERED ORGANISMS IN SAN LUIS OBISPO COUNTY

The initiative would establish an ordinance making it unlawful to propagate, cultivate, raise or grow genetically engineered organisms in the County of San Luis Obispo.  The ordinance defines genetically engineered organisms as organisms whose native intrinsic DNA has been intentionally altered or amended with non species specific DNA.  The ordinance permits accredited colleges and universities to engage in the prohibited activities under specified circumstances.  The ordinance authorizes the Agricultural Commissioner to confiscate and destroy offending genetically engineered organisms and impose monetary penalties for violations of the ordinance.  The stated purpose of the ordinance is “to protect the county’s agriculture, environment, economy, and private property from genetic pollution by genetically engineered organisms until all the risks associated with these organisms are fully understood.”

COUNTY ORDINANCE PROHIBITING THE GROWING OF GENETICALLY ENGINEERED ORGANISMS IN SAN LUIS OBISPO COUNTY

Section 1. Finding. The people of San Luis Obispo County wish to protect the county’s agriculture, environment, economy, and private property from genetic pollution by genetically engineered organisms until all the risks associated with these organisms are fully understood.

Section 2. Prohibition. It shall be unlawful for any person or entity to propagate, cultivate, raise, or grow genetically engineered organisms in San Luis Obispo County.

Section 3. Exemptions. Nothing in this Ordinance shall make it unlawful for (1) a fully accredited college or university to engage in scientific research or education using genetically engineered organisms under secure, enclosed laboratory conditions, taking precautions to prevent contamination of the outside environment, or (2) any licensed health care practitioner to provide any diagnosis, care or treatment to any patient.

Section 4. Severability. The provisions of this Ordinance are severable. If any provision of this Ordinance or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

Section 5. Definitions.

(a)      “Genetically engineered organisms” means specific organisms whose native intrinsic DNA has been intentionally altered or amended with non-species specific DNA. Such organisms are also sometimes referred to as "genetically modified organisms" or "GMO's".

(b)      "Genetic engineering" means altering or amending DNA using recombinant DNA technology. For purposes of this ordinance, genetic engineering does not include traditional selective breeding, conjugation, fermentation, hybridization, in vitro fertilization, tissue culture, or to microorganisms created by moving genes or gene segments between unrelated bacteria.

(c)      “DNA” or deoxyribonucleic acid, the material naturally found within living cells which contains the genetic code and transmits hereditary patterns.

(d)      “Organism” means any living thing, exclusive of human beings and human fetuses

(e)      “Agricultural Commissioner” means the Agricultural Commissioner of San Luis Obispo County.

(f)      "Person" means an individual, partnership, corporation or organization of any kind.

Section 6. Penalties.

(a)      The Agricultural Commissioner shall notify any person, firm, or corporation that may be in violation of Section 2 of this Ordinance that any organisms in violation of this Ordinance are subject to confiscation and destruction.

(b)      Any person, firm, or corporation that receives notification under subparagraph (a) shall have five (5) days to respond to such notification with evidence that such organisms are not in violation of this Ordinance.

(c)      Upon receipt of any evidence under paragraph (b), the Agricultural Commissioner shall consider such evidence and any other evidence that is presented or which is relevant to a determination of such violation. The Agricultural Commissioner shall make such determination as soon as possible, but at least before any genetic pollution may occur

(d)      Upon making a determination that a violation of this Ordinance exists, the Agricultural Commissioner shall cause to be confiscated and destroyed any such organisms that are in violation of this Ordinance before any genetic pollution may occur.

(e)      If the Agricultural Commissioner determines there has been a violation of this Ordinance, in addition to confiscation and destruction of any organisms that are found to be in violation, the Agricultural Commissioner shall impose a monetary penalty on the person, firm, or corporation responsible for the violation, taking into account the amount of damage, any potential damage, and the willfulness of the person, firm, or corporation.

Ballot Argument in Favor of Measure Q

Yes on Measure Q!

Genetic engineering (GE) is a process that never occurs in nature. This technology is different from traditional plant breeding.  GE organisms are created by forcing the genes from one species into another. 

Measure Q: YES for our economy!

Keeping SLO County free of genetically engineered (GE) crops maintains our strong agricultural economy.

Our U.S. and international trading partners are demanding GE free crops.  Having pure crops will ensure a market advantage for our county’s $529 million agricultural economy.

The American Farm Bureau estimates that U.S. exporters have lost about $300 million per year because of GE corn.

San Luis Obispo has an abundant and diverse farming and ranching economy.  Why jeopardize what is working for something that is economically risky and unproven?

Measure Q: YES for farms and farmers!

GE food, pharmaceutical and industrial crops can contaminate conventional food crops at many points: seed production and transport, cross-pollination, harvest, milling, storing, and processing. 

Such contamination has already occurred:

• In 2001, 1% of Iowa cornfields were planted with a GE corn but 50% of Iowa’s corn harvest was contaminated.

• In 2002, a pharmaceutical corn contaminated soybeans grown on the same ground a year later.  500,000 bushels of soybeans were destroyed.

Contamination raises liability questions for farmers and property owners.

From 2001-2003, over 73 million more pounds of pesticides were applied on GE acres than on non-GE acres.

Some GE crops are classified as pesticides by the EPA.  The plant is the pesticide! 

Yes on Q!

Fetzer Vineyards states:  “… as the U.S.'s organic vineyard leader, Fetzer supports Measure Q as appropriate action until such time as the long-term consequences of GMO crops and animals in the food chain are fully understood.”

Measure Q is good for what we grow.  It’s good for what we eat.

Ballot Argument Opposing Measure Q

GENETIC RESEARCH IS ABOUT BENEFITING SOCIETY AND THE ENVIRONMENT

MEASURE Q WILL NOT IMPROVE THE ENVIRONMENT OF SLO COUNTY

Through genetic modification, farmers apply less pesticides and herbicides and will also reduce the cultivation of a field.  This improves air and water quality through lower emissions from tractors and less soil compaction.  Moreover, worker safety  is improved.  Current genetic research is underway to combat Pierce’s Disease and West Nile Virus, which could benefit the community.

MEASURE Q PREVENTS A SAFE, HEALTHY, AND AFFORDABLE FOOD SUPPLY

The UN, WHO, AMA, and the National Academy of Sciences have examined the health and safety issues.  The UN recently reported that genetically modified crops “pose no more risk than conventionally grown crops” and “there have been no verifiable reports of them causing any significant health or environmental harm.”

MEASURE Q COULD DENY CITIZENS LIFE-SAVING TECHNIQUES

Researchers are creating ways to boost the nutritional value of foods using genetic modification.  For example, Vitamin A was added to rice to assist with the fight against hunger in developing nations.  Furthermore, this technology has already yielded significant advances in the battle against diabetes, Parkinson’s, AIDS, cancer, and other life-threatening diseases.

MEASURE Q COULD CUT VITAL SERVICES AND INCREASE TAXES

This initiative calls for the county Ag Commissioner to execute the prohibition.  With the current fiscal status of our county and state, this un-funded mandate will increase the financial burdern on all of our pocketbooks.  Three federal agencies, - the FDA, EPA and USDA – are already responsible for assuring the safety of genetically modified organisms.

MEASURE Q IS NOT BASED ON SOUND SCIENCE

MEASURE Q IS NOT SOUND POLICY

VOTE NO NO ON MEASURE Q

Rebuttal to Argument Against Measure Q

Measure Q maintains our safe, healthy, and affordable agriculture. 

Measure Q prohibits the growing of GE organisms, not the sale of foods or medicines.

Measure Q WILL ALLOW

… university research.

… all currently used grape growing practices.

… farm workers to be safe from increased chemical use that accompanies GE herbicide tolerant crops.

… the use of  animal feed with GE byproducts.

… private property to remain free from GE contamination.

… the planting of “Vitamin A Rice” – or other crops  – in developing countries.

Measure Q: YES for GOOD Science.  GE is technology, not science – and it’s unproven.

The FDA, EPA, and USDA leave testing of GE crops to the same companies that make them.  The Center for Food Safety believes such lax testing requirements must be improved before there can be confidence in the safety of GE foods.

The National Academy of Sciences agreed in a July 27, 2004 report:

“A significant research effort should be made to support analytical methods of technology… to detect health changes in the population that could result from genetic alteration and, specifically, genetic engineering of food.”

Genetic engineering isn’t the path to progress.  Techniques that use genetics and biotechnology, like marker-assisted breeding, can solve problems like Pierce’s Disease without the risks of GE.

Testing for the presence of GE is not expensive.  Enforcement costs would be tiny compared to the billions lost to U.S. agriculture and taxpayers because of GE crops.

Measure Q: YES for pure and wholesome SLO agriculture.

Rebuttal to the Ballot Argument in Favor of Measure Q

(SLO GE Free comments in purple)

NO ON Q!

MEASURE Q ISN'T JUST ABOUT CROPS (It's about crops and animals)

GMOs and GMO products are widely used in diverse industries including medicine, food and beverage production, as well as agriculture.

Q BANS PRODUCTION OF ALL GMOs IN OUR COUNTY (FALSE: See legal analysis)

Likely impacts include:

• Technology jobs go elsewhere because SLO is labeled unfriendly to technology.
• Development of life-saving medicines like insulin and cancer treatments prohibited.
• Development of cleaner industrial processes using GMOs prohibitied.
• Cost-saving, environment-friendly crops outlawed.

Q CANNOT BE ENFORCED

• Ag Commissioner has no current expertise or funding to regulate all GMOs.
• Developing expertise would be extremely expensive to SLO citizens.

Q HARMS SLO'S BROAD FARM ECONOMY

• American Farm Bureau estimates a gain of $1 BILLION in trade for GMO soybeans to China alone.
• Hawaii's papaya industry was saved from a devastating virus because of the development of GMO papaya trees. (The GE papayas develop a fungus that needs to be sprayed regularly with fungicides.  Foreign markets won't buy GE papayas.  Contamination is rampant - see the press release.)
• Grape growers will be able to protect their industry from Pierce's Disease. (Other techniques such as marker-assisted breeding will likely find a resistant vine before GE)

GET THE FACTS STRAIGHT!

• Internation acceptance for GMO crops is growing (EU just approved GMO sweet corn; 4 million farmers in China grow GE cotton). (Although GMO corn was approved for sale, Syngenta still will not market it because nobody will buy it!)
• GMO crops are safe (all evidence shows biotech crops are as safe as non-biotech crops). (The same companies that make the crops tell us they are safe.  Listen to Jeffrey Smith's interview on KCBX for details.)
• GMO crops reduce use of more expensive, toxic, carcinogenic or persistent chemical treatments.

MAKE YOUR DECISION BASED ON FACTS, NOT FEARFUL CLAIMS.

For more information, check balanced websites like:

• Cornell University: http://www.geo-pie.cornell.edu/issues/issues.html and http://www.nysaes.cornell.edu/comm/gmo
• Colorado State University: http://www.colostate.edu/programs/lifesciences/TransgenicCrops

BE INFORMED.

NO ON Q!