Mendocino County, California, was the first jurisdiction in the United States to ban the cultivation, production or distribution of genetically modified organisms (GMOs).Lau, Edie, & Mike Lee. "California county breaks ground with biotech ban." Daily Herald (Provo, UT). March 8, 2004. The ordinance, entitled Measure H, was passed by referendum on March 2, 2004. Initiated by the group "GMO Free Mendocino", the campaign was a highly publicized grassroots effort by local farmers and environmental groups who contend that the potential risks of GMOs to human health and the ecosystem have not yet been fully understood.Walsh-Dilley, M. (2008). Localizing Control: Mendocino county and the ban on GMOs. Agricultural Human Values, 26, 95-105 The measure was met with opposition by several interest groups representing the biotechnology industry, The California Plant Health Association (now the Western Plant Health Association) and CropLife America, a Washington-based consortium whose clients represent some of the largest food distributors in the nation, including Monsanto, DuPont and Dow Chemical.Walsh-Dilley Since the enactment of the ordinance, Mendocino County has been added to an international list of "GMO free zones."Meyer, H. (2007). GMO-free regions manual: Case studies from around the world. IFOAM, 23-29. Pre-emptive statutes banning local municipalities from such ordinances have now become widespread with adoption in sixteen states.Bailey, B. (2005, April). Consigning citizens to mere spectators. Rural Vermont Farm Policy Network News, 29. Retrieved March 7, 2011, from Environmental Commons.
Background
GMOs are commonly considered to be any organism whose DNA has been modified by human intervention. Agricultural practices, however, have long used selective breeding techniques for the same purpose as modern biotechnology.Snow, A.A., Andow, D.A., Gepts, P., Hallerman, E.M., Power, A., Tiedje, J.M. & Wolfenbarger, L.L. (2005). ESA report. Genetically engineered organisms and the environment: current status and recommendations. Ecological Applications, 15 (2), 377-404 Researchers now define genetically engineered organisms (GEOs) as those that are produced from a range of recombinant DNA technologies, which introduce a transgene into the genome of a host cell. The most widely practiced method involves the use of bacteria, which are able to penetrate the cell membrane of the host. Other methods include a "gene gun" or "biolistic particle delivery system". Recombinant DNA technology allows for the creation of synthetic genes with specific traits that have anthropogenic benefits. The term GEOs will be used here to describe organisms produced by the recombinant DNA technology commonly referred to by usage of the term GMOs.
Environmental concerns
The geographic and temporal scope of the regulatory debate regarding transgenic organisms and recombinant DNA technology is vast. Environmental risk assessments must weigh unquantifiable long-term risks against high and quantifiable short-term benefits. There is widespread concern amongst environmental groups, organic farmers and the international community that the introduction of transgenic organisms into local ecosystems may cause irreversible loss of biodiversity when the new synthetic strains become predominant.Donegan, K.K., Seidler, R.J., Doyle, J.D., Porteous, L.A., Digiovanni, Widmer, F. & Watrud, L.S. (1999). A field study with genetically engineered alfalfa inoculated with recombinant sinorhizobium meliloti: effects on soil ecosystem. Journal of Applied Ecology, 36, 920-936 Further concern comes from members of the medical community who warn of the risk that the antibiotics used in the production of many GEOs may give rise to more resistant strains of bacteria.Donegan, K.K., Seidler, R.J., Doyle, J.D., Porteous, L.A., Digiovanni, Widmer, F. & Watrud, L.S. (1999). A field study with genetically engineered alfalfa inoculated with recombinant sinorhizobium meliloti: effects on soil ecosystem. Journal of Applied Ecology, 36, 920-936 While the scientific community generally acknowledges the possibility of these risks, the scenarios are hard to quantify, particularly in a Risk-Cost Benefit Analysis (RCBA) model commonly used in public policy.
Proponents of the technology dispute many of these findings or the significance of the risk factors. They generally contend that the GE strains have no further evolutionary advantage than any other new strain introduced into a local ecosystem and that they behave in the same way. They also cite less need for pesticides than conventional non-organic crops.Roundup Ready Problems. (2007). California Dairy Review, 11(9), 4-5. Opponents, by contrast, adhere to the precautionary principle, which advocates waiting until further study is done and puts the burden of proof on the producer to prove that their productive activities are no threat to the environment or human health before continuing. The precautionary principle has become the foundation of environmental policy for the EU.
Causes
The promulgation of agricultural biotechnology follows a trajectory that began in what is commonly referred to as the "green revolution". In the twentieth century, industrial methods were increasingly applied to agriculture for the mass production of monocultures, large tracts of land used for the production of single high yield crops with the use of fertilizers and pesticides.Gore, A. (1992). Earth in the Balance. New York, NY: Rodale, p. 127-131. The actual physical problem GEOs seek to address, most commonly, is the destruction of crops from pests. The gradual shift towards monoculture has increased the frequency and severity of pest invasion and infestation because of the lack of agricultural diversity. Many pests that threaten different crops are natural predators to each other, which helps to offset their impacts. When many miles of the same crop are planted, however, it leaves the local habitat more vulnerable to the threat of single pest.Gore, A. (1992). Earth in the Balance. New York, NY: Rodale, p. 127-131
GEOs have brought short-term benefits in the control of pests by having genetically programmed immunities to the pesticides that are produced to be used along with them, such as the well-known post-emergence herbicide Roundup produced by Monsanto. The primary forces that are driving the production of GEOs, however, are social and economic. GEOs are the latest development in the drive to produce higher yields with less inputs, according to the profit maximization model.Garcia, D.K. (Director, Writer and Producer). (2005) The Future of Food. Lily Films. Available at: http://www.thefutureoffood.com/onlinevideo.html Proponents of the technology see it as an answer to growing food shortages in the face of rising global population.Friis, R. (2007). Essentials of environmental health, Sudbury, MA: Jones and Bartlett Publishers. They also cite potential benefits, such as the creation of more healthy strains of produce, aquaculture or livestock, with higher nutrient content and less fat. Opponents of GEOs, however, argue that world hunger is caused by economic and political dynamics rather than scarcity so regardless of whether the yield is increased, the produce will not to flow through the supply chain to those in need.
Policy According to the ordinance, it is "unlawful for any person, firm, or corporation to propagate, cultivate, raise, or grow genetically modified organisms in Mendocino County."Yes on Measure H. Retrieved March 7, 2011 from: http://www.gmofreemendo.com/moreh.html The measure is careful to define transgenic-organisms as dependent on biotechnology as opposed to traditional methods of selective breeding. It also excludes micro-organisms from the prohibition. The complex geographic and spatial dimensions of the issue are highlighted by the fact that the ordinance only affects unincorporated areas of the county. City, state, federal and tribal lands are exempt from the prohibition and are free to grow and distribute GEOs.
Measure H uses the traditional regulatory approach as its only policy tool. The policy targets are producers or distributors of genetically engineered organisms. Ostensibly, the farming industry is the stakeholder primarily targeted, though the law affects any person or entity. Due to the recognized inability to limit all GEO propagation within geographical proximity to the unincorporated areas affected by the law, the policy goals are rather to limit the expansion of the biotechnology industry in the county and to make it harder for seed companies to sell GE seed to local farmers. According to Andrew Kimbrall of the Center for Food Safety, who backed the measure stated that local municipalities have "no alternative but to try to halt" the spread of GE crops.Holden, C. (2004). California County Bans GM Crops. Science, 303 (5664). In this context, the purpose is not to completely eradicate any GEOs in the county but rather to counteract the prevailing trend of the agricultural industry.
History
The "GMO Free Mendocino" campaign was started by Els Cooperrider, a retired cancer researcher and founding member of "The Mendocino Organic Network." Initially, the coalition sought to enact local legislation requiring the labeling of GEO products. However, since national efforts to push for labeling had been largely unsuccessful it was decided to advocate the prohibition of GEO production and propagation within county limits instead.
Janie Sheppard, a local attorney and Dr. Ron Epstein, a research professor, were signed proponents on Measure H, alongside Cooperrider.
More money was spent on Measure H than any other ballot in Mendocino County’s history. In total, "No on H" supporters spent over $700,000, with $600,000 of it coming from Croplife America. The "Yes on H" coalition raised $135,000 by the end of the campaign. The measure passed by 57% of the vote and was portrayed in the media as a "David vs. Goliath" battle between a small grassroots coalition of community activists and a deep pocketed special interest group in Washington.
Stakeholders
Mendocino County’s measure H highlights a localized battle of stakeholders over a contentious public policy debate that is international in scope. The organic farming industry is the fastest growing sector of the US agricultural market. It accounts for approximately one third of Mendocino’s agriculture, the majority of which consists of wineries. The organic farming industry in California has been the most organized lobby against GMOs due to concerns about cross-pollination. Patented strains of "Roundup Ready" seed, which are resistant to the pesticide "Roundup" produced by Monsanto, have been found to disperse onto neighboring farms, creating legal battles over proprietary rights such as the famous test case in the Canadian Supreme Court, Monsanto Canada Inc. v. Schmeiser.Monsanto Canada Inc. v. Schmeiser 1 S.C.R. 902, 2004 SCC 34
With a growing demand for organic products in European and Japanese markets, the prospect of cross-pollination is perceived as a significant economic threat to the organic industry. Mendocino’s wine industry was especially concerned about losing Japanese markets and have since used the ordinance as a marketing tool. The United States Department of Agriculture (USDA) has assured organic farmers that they will not lose their certification if contamination occurs. This has not erased the perception that the integrity of their industry and the ecosystems that they are dependent upon are at risk by the gradual introduction of GEOs.