On the Farmer Protection Act
Say you’re a corn farmer, and that your neighbor does the same. You use traditional seeds, your neighbor indulges in the genetically engineered (GE) variety, and you both go about your business. The GE seeds, in most cases, are immune to Roundup. In the spring, your neighbor returns to traditional seeds. Meanwhile, the manufacturer the GE corn seeds knocks on your doors, investigates and finds some GE plants among your crops, and sues you each for a cold $400,000.
This is a complex one. The seed manufacturer has intellectual property ownership of those particular seeds. However they got in your crops (likely natural forces), you didn’t realize they were there.
Find the GE seed WHERE?
The manufacturer invested resources into developing those seeds, and deserves compensation when they’re used. But seeds travel, and it’s expensive to determine which seeds come from which batch – never mind that you never bought in, in the first place. Your neighbor signed a contract with the manufacturer, allowing lifetime access to her farm to verify that their seeds are only being used when paid for. Even if she decides to quit, the manufacturer requires only a few plants as grounds for legal action. Your hands, and hers, are tied.
Enter the Farmer Protection Act (FPA), first introduced into the NM legislature a year ago, now revised and pending reintroduction. The FPA would do several things:
- Protect you (and your livelihood) from being sued for unintentional cross-pollination.
- Force transparent legal resolution of disputes.
- Allow the seed manufacturer access to your property only to test seeds, and after submitting a written request, having received written permission from you.
- Determine that a GE seed contract in New Mexico is governed by NM laws.
Your hypothetical chile crop.
As you can imagine, there’s a lot at stake here. Replace corn crops with chile and you begin to get the idea – to say nothing of the question of eating genetically engineered chile. Learn more about the FPA and sign up for updates on the act over here. An excellent synopsis and full PDF of the bill over here.