President Obama signed what has been dubbed the "Monsanto Protection Act" on Tuesday, legislation critics say amounts to "corporate welfare" for biotechnology corporations like Monsanto, and puts farmers and the environment in jeopardy.
Summing up the provision in H.R. 933: Consolidated and Further Continuing Appropriations Act, Eric Darier, a senior campaigner on sustainable agriculture at Greenpeace International explains that it
will effectively bar US federal courts from being able to halt the sale or planting of genetically engineered (GE) crops even if they failed to be approved by the government's own weak approval process and no matter what the health or environmental consequences might be.
The rider from H.R. 933 reads:
Doug Gurian-Sherman, a senior scientist with the Union of Concerned Scientists, writes that the rider presents a "threat to farmers and the environment," and that while the rider's language indicates that steps will be taken “…to mitigate or minimize potential adverse environmental effects…,” historical evidence shows that there are indeed risks. In 2006, for example,
unapproved GE rice owned by Bayer, probably originating from a small, short-term controlled field trial in Arkansas, was found to have contaminated the U.S. rice supply. That little incident resulted in hundreds of millions of dollars in lost rice exports and farmer lawsuits that continued for years. [...]
A similar threat exists to the environment in the form of gene flow—the transfer of genes from one organism to another—from crops to wild cousins, or from poorly domesticated cultivated plants like forest trees or grasses grown for lumber, pulp, or biofuel.
In fact, gene flow of glyphosate herbicide-resistant creeping bentgrass has already occurred…twice. This also happened from temporary field trials that were conducted in Central Oregon and nearby Idaho specifically to prevent gene flow! USDA mandated an isolation zone of 900 feet around the trial, but gene flow occurred up to 13 miles from the Oregon site.
There could be "long-lasting and serious consequences" from the rider, writes Appetite for Profit author Michele Simon. "This list of pending petitions to USDA to approve genetically-engineered crops includes new versions of corn, soybean, canola, and cotton. Once these crops get planted, it will be too late to do much about it."
The Center for Food Safety writes that it was Senator Barbara Mikulski, the Chair of the Senate Appropriations Committee (D-MD), who allowed the legislation to move forward without hearings and without bringing it in front of the Agriculture or Judiciary Committees.
“In this hidden backroom deal, Senator Mikulski turned her back on consumer, environmental, and farmer protection in favor of corporate welfare for biotech companies such as Monsanto,” Andrew Kimbrell, Executive Director of the Center for Food Safety, said in a statement.
This is the kind of deal biotechnology corporations have been hoping for, according to Food Democracy Now!, a group that has been campaigning against the GE rider. "Since losing a court case in 2010 to Center for Food Safety for the unlawful planting of GMO sugar beets, Monsanto and other biotech companies have been desperate to find a way around court mandated environmental impact statements required as a result of a U.S. district court’s ruling," the group writes.
Gurian-Sherman writes that the rider has biotechnology corporations' fingerprints all over it:
It was introduced anonymously, without accountability. But let me stick my neck out and say that it is highly likely that the biotech industry influenced the introduction and passing of this rider. Monsanto spends more money influencing our government than any other agriculture company. It spent millions, more than any other firm, to defeat the efforts in California to label engineered foods.
In her post titled "Monsanto Teams up with Congress to Shred the Constitution," Simon adds that this is "such a big deal" because
The court system is often our last hope, with Congress, the White House, and regulatory agencies deep inside industry’s pocket. Several legal challenges have resulted in court decisions overturning USDA’s approval of new GMO crops, for example, sugar beets.
So the biotech industry, unable to make its case to a judge, figured why not just rewrite the Constitution instead...
Darier concludes that the 'Monsanto Protection Act' ultimately shows the power corporations wield at the expense of democracy:
This should also be a reminder to all of us across the world of the ability of some corporations like Monsanto to influence policymakers to adopt measures that are against sustainable agriculture, farmers, consumers and the environment. And let's add now to this list: independent judicial review! A very sad day for democracy and the future of our food.