Background

In recent years, genetic engineering has had a tremendous impact on the agricultural sector, while at the same time raising a number of questions from scientists, environmentalists, and the general public. Concerns over the effects in agriculture, on the environment, and for human health remain unanswered. Although a general federal regulation scheme exists to regulate genetically engineered (GE) organisms, it is outdated and complex. Federal regulations are a patchwork, with three federal agencies and potentially twelve federal laws comprising the framework developed in 1986. In the last few years, a number of public events, including the release of Starlink corn into commercially available food products, have also revealed the insufficiency of the regulations.

States have moved to address the lack of formal regulations in the rapidly changing area of biotechnology. States introduced over 100 bills in 31 states in the 2001-2002 session and 130 bills in 32 states in the 2003 session, which covered a range of topics including prosecuting protesters for the destruction of GE crops, effects on organic agriculture, labeling, and liability issues. It is important for states to discuss how they will deal with GE organisms because of the potential effects these organisms will have on state agricultural and economic sectors.

The framework for this package was taken from strategies suggested in a report published by the Pew Initiative on Food and Biotechnology analyzing state legislative trends on the topic of genetic engineering.(1) Three strategies are addressed by the sample bills included in this package: labeling, liability, and a ban. Although there are additional strategies and tactics, the ones chosen, if passed, would be effective and comprehensive in addressing the use of GE organisms.

Bills from New York (A 4458 and A 2826) and Massachusetts (S 1912) serve as the sample bills used for this package. For more examples of state legislation, see the state activity page for this topic.

Sources:
(1) “Agricultural Biotechnology Remains Active Topic in State Legislatures in 2003.” Pew Initiative on Food and Biotechnology. 18 January 2005 <http://pewagbiotech.org/resources/factsheets/legislation/factsheet.php>.