6-Regulation: Vermont (USA) passes GE liability act

[GENET <coordination@genet-info.org>]

                                  PART I
-------------------------------- GENET-news -------------------------------

TITLE:  Vermont Senate on GMOs: Unanimous YES on Farmer Protection Act
SOURCE: GE Free Vermont, USA
        http://www.gefreevt.org/index.php?set_table=content&articleID=
        121&page=home
DATE:   Mar 10, 2004

------------------- archive: http://www.genet-info.org/ -------------------


Vermont Senate on GMOs: Unanimous YES on Farmer Protection Act.

Vermont Bill is first-in-the-nation to hold biotech corporations
accountable for contamination by genetically engineered crops.

Contact:
Amy Shollenberger, Rural Vermont 802.793.1114
Doyle Canning, GE Free VT 802.279.0985

Montpelier, VT-- Vermont Senators voted 29-0 Wednesday to support the
Farmer Protection Act (S.164), a bill to hold biotech corporations liable
for unintended contamination of conventional or organic crops by
genetically engineered plant materials. This historic decision was
peppered by debate on the patent laws that allow biotech corporations
like Monsanto to sue farmers for patent infringement who are contaminated
with GMO pollen or plant materials. Senator Vincent Illuzzi (R-Essex-
Orleans) dramatically illustrated cross-pollination of corn varieties
with multi-colored ears of Vermont corn. Today's vote comes after 79
Vermont towns have passed Town Meeting measures calling on lawmakers in
Montpelier and Washington enact a moratorium on GMOs, and 10% of
Vermont's conventional dairy farmers have pledged not to plant the crops.
Vermont joins Mendocino County, CA at the forefront of domestic
resistance to genetically engineered crops.

"The Farmer Protection Act is a pre-emptive strike to stop predatory
lawsuits against Vermont's family farmers by biotech companies like
Monsanto," said Ben Davis with the Vermont Public Interest Research
Group. "Today the Vermont Senate took the first step to defend family
farmers from these kinds of intimidation suits and the hazards of
genetically engineered crops." VPIRG is among a coalition of groups
including Rural Vermont, Institute for Social Ecology, and Vermont
Genetic Engineering Action Network who are spearheading the grassroots
campaign for the first "GE Free" state in the union.

"Big biotech corporations are writing the rules in their own interests at
the national and international level, and using their patented GMOs as a
tool to contaminate and control farmers," said Doyle Canning, a
campaigner with the GE Free VT campaign. "Vermont is showing that a
little state can make a big statement against corporate greed and work
towards a Time Out on this technology. We are working in concert with the
folks in Hawaii, Mendocino County, and in the 30 nations around the world
where GMO crops are stringently regulated, to put farmers first."

Today's Farmer Protection Act was amended with an 18-11 vote to include
language specifically targeting genetic engineering patent lawsuits "The
Sears-Illuzzi amendment defines 'genetically engineered seeds or plant
parts' as different from conventional seeds or plant parts. This is
unprecedented and undermines the industry's claim that GE products are
the same as traditional products," said Amy Shollenberger, Policy
Director at Rural Vermont. "The amendment says that a person who is found
to have 'trace amounts' of genetically engineered material shall be
indemnified by the manufacturer if they are sued. In other words, it
protects a farmer from being sued by the manufacturer if the farmer's
crops are contaminated with GMO material." Tomorrow Shollenberger and 10
other GE Free VT supporters will testify to the House Agriculture
Committee 9 AM-11:30 AM on a related bill on Genetically Engineered Crops.

The GE Free Vermont Campaign on Genetic Engineering is a statewide
coalition of public interest groups, businesses, concerned citizens and
farmers, who are organizing to oppose genetic engineering at the local,
state and national level, and calling for a "Time Out" on GMOs. For more
information: www.gefreevt.org


                                  PART II
-------------------------------- GENET-news -------------------------------

TITLE:  SEND THANKS TO SENATORS! VERMONT PASSES FARMER PROTECTION ACT
SOURCE: GE Free Vermont, USA
        http://www.gefreevt.org/index
.php?set_table=content&articleID=121&page=home
DATE:   Mar 11, 2004

------------------- archive: http://www.genet-info.org/ -------------------


SEND THANKS TO SENATORS! VERMONT PASSES FARMER PROTECTION ACT

WE DID IT!!! The Farmer Protection Act passed the Senate today WITH the
Sears/Illuzi amendment that will provide some protection for farmers from
patent infringement suits by biotech corporations. HOORAY to us all. This
victory was won because of YOU and your phone calls, red shirts, signs,
chants, and hope! Together, we can take this bill all the way to the
governor's desk!

Here's what the bill does with its amendment, which is now part of the
total package of s.164:

· Says that all seed contracts signed in Vermont are subject only to
Vermont laws, and no provision of any seed contract can change that status.

· Says that only Vermont will have jurisdiction over seed contracts
signed in Vermont

· Says that a seed contract must include a provision that the
manufacturer of the seeds will indemnify and defend the purchaser
(farmer) for all claims, damages, losses, and expenses caused by the use
of the seeds, if the label and directions are followed

· Says that a person who is found to have "trace amounts" of genetically
engineered material shall be indemnified by the manufacturer of that
material for all claims, losses, and expenses, as long as the person
found with the genetic material is not in breach of a contract relevant
to that material

· Defines "genetically engineered seeds and plant parts"

What we need to do now is THANK our Senators who stood up and spoke on
the senate floor for us in strong support of this bill, and worked behind
the scenes to garner support for it -- especially the Sears/Illuzi
amendment. Please take the time to send a QUICK NOTE to these senators,
especially if they are yours. You can write to them at 115 State Street,
Montpelier, VT 05633

Senator Vince Illuzi Senator Richard Sears Senator Jeanette White Senator
Sara Kittell Senator Peter Welch Senator Matt Dunne Senator Ginny Lyons
Senator Diane Snelling Senator Jim Leddy

Senator Illuzi was the bill's key sponsor, and along with Senator Richard
Sears, was the primary sponsor of the amendment. He spoke eloquently in
support of the bill and of Vermont's farmers today on the Senate floor.
He brought ears of corn to the floor to demonstrate how cross pollination
happens, and explained the threats that GE contamination pose to farmers.
Senator Matt Dunne also gave a speech in the heat of the debate that
turned the tide in our favor. Senator Jeanette White spoke in support of
the bill and listed good reasons to support it. Senator Sara Kittell
stood up as the Chair of the Ag committee and strongly supported the
efforts of the other senators to find a solution to the problem of
liability caused by genetic drift. Senator Ginny Lyons talked about how
lots of companies are fooling around with biotechnology, and because of
that, the policy needs to catch up. Senators Snelling and Leddy stood in
strong support of the bill and the amendment as well. Senator Peter Welch
did not speak on the floor today, but he has been working hard to support
this bill and Vermont's farmers. Let's recognize their efforts.

Our Next Steps:

Actions for YOU to take:

1) Sign up to "vigil" at the Governor's Office any day, Tuesday through
Friday during the lunch hours (11 AM to 1 PM). We are trying to get 5-10
people every day from March 16th to April 16th. Please RSVP for any days
you can come to the statehouse, dressed in red if possible (but not
necessary) to stand outside the Governor's office in the statehouse and
have a presence there to let him and the legislators know that we are
watching, and we are expecting them to take action for a TIME OUT on GMOs
in VT. The lunch hour has high traffic in the area around the Governor's
office, so there could be a chance to talk to legislators as well. If you
want to do it, let us know when you are available: amybeth@together.net
or 223-7222 - leave a message with the days you want to come and your
contact info.

2) Call your HOUSE REPRESENTATIVES and tell them you want a TIME OUT on
GMOs. Say that you think the Senate has taken the first steps toward the
TIME OUT with the Right to Know (seed labeling) bill and the Farmer
Protection (corporate liability) Act. Tell them you want them to stand
strong against the biotech gene giants, and for Vermont's farmers and
citizens! Find your representative's number here: http://
www.leg.state.vt.us/legdir/districts.cfm=H . Call them AT HOME this
weekend or Monday, or call them next week (Tuesday - Friday) at the
statehouse at 1-800-322-5616. Leave a message with your name, phone
number, and a request for a call back.

3) Write a letter to the editor of your local newspaper. This continues
to be CRITICAL for our SUCCESS. If your letter gets published, or you
notice an article or someone else's letter, please clip it and mail it to
the Rural Vermont office at 15 Barre Street, Ste. 2, Montpelier, VT
05602. If you need help with writing or submitting your letter, call
Matthew at 223-7222 or email amybeth@together.net .

 Upcoming events -- Mark your calendars for great events coming up in the
next several weeks: 1) March 21st - March 25th: Jeff Smith, author of
Seeds of Deception will visit Vermont for a tour. You can download a
press release and poster at: www.gefreevt.org . Please advertise the
tour! Mr. Smith will be speaking at the Bennington Free Library (at the
corner of Main and Silver Sts) on March 21st, the Rutland Free Library
(on the corner of Center and Court Sts) on March 22nd, the Ilsley Public
Library (75 Main St) in Middlebury on March 23rd, in Montpelier at the
Vermont Statehouse on March 24th and in the White River Jct area at the
Norwich Public Library (368 Main St) on March 25th. All discussions will
start at 7:00pm. Admission is free.

2) April 16th: GE Free Food Festival: A Farm to Table Food Fair, on the
Statehouse Lawn, 11 AM - 2 PM The group coordinating this event is
looking for volunteers to help with the festival as well as producers who
want to donate beautiful and yummy GE Free products for the lunch buffet.
Details are at the below, or you can get more info by contacting Sylvia
(up til March 17): 436-3262 Rebecca: 728-6422 or by email: vtgean@sover.net

3) April 17th: International Day of Farmer Struggles -- events being
planned...stay tuned for updates!

Food Festival Information:

Dear Farmer/Producer,

You are invited to take part in a

 GE-Free Festival A Farm to Table Food Fair

on Friday, April 16, from 11am to 2pm on the lawn of the State House in
Montpelier

 Our objective is to raise awareness of the wealth of local food in
Vermont that is GMO-free and the impact GMOs could have on that wealth.

Because three bills to control GMOs are currently being debated in the
Legislature, we think it is particularly important now for farmers and
producers to have direct, one-on-one conversations with their legislators
to educate them about the bounty of GMO-free, locally produced food in
Vermont, and why livelihoods and the health of the land are under direct
threat from GMOs.

Volunteers will be on hand coordinating the event. We will have a large
(heated) tent, tables, and will give you any assistance you need. We are
asking that you provide information about your farm or product, samples
of food to taste (it must be GMO-free, so all corn, soy, canola, or dairy
products need to be organic), and an attractive display. We will group
participants by county so that you can easily meet with and talk to your
legislators, who will have received individual invitations in advance. We
also welcome any organizational or artisitc help you can offer!

This event is organized by a group of volunteers who have been active
with a number of organizations and individually to get the GE bills
passed this session, and we are working hard to make this wonderful event
happen. So it is important that we hear from you by March 17 if you are
interested in participating. We will have detailed information available
regarding logistics, timing, publicity, and additional plans for the day.
Please join us - there are many ways to be involved!

Please call us with any questions:

Sylvia (up til March 17): 436-3262 Rebecca: 728-6422 or by email:
vtgean@sover.net


*****

GE Free Vermont Fact Sheet

S.164 - The Farmer Protection Act
Passed the Vermont State Senate 29-0 on March 9, 2004

What the Bill Does:
- Says that all seed contracts signed in Vermont are subject only to
Vermont laws, and no provision of any seed contract can change that status.
- Says that only Vermont will have jurisdiction over seed contracts
signed in Vermont
- Says that a seed contract must include a provision that the
manufacturer of the seeds will indemnify and defend the purchaser
(farmer) for all claims, damages, losses, and expenses caused by the use
of the seeds, if the label and directions are followed
- Says that a person who is found to have "trace amounts" of genetically
engineered material shall be indemnified by the manufacturer of that
material for all claims, losses, and expenses, as long as the person
found with the genetic material is not in breech of a contract relevant
to that material
- Defines "genetically engineered seeds and plant parts"

The actual language of the Bill and Amendment:

S. 164
An act relating to liability for genetic engineering.
Reported favorably with recommendation of amendment by Senator Illuzzi
for the Committee on Judiciary.

The Committee recommends that the bill be amended by striking out all
after the enacting clause and inserting in lieu thereof the following:
Sec. 1.  6 V.S.A. § 652 is added to read:
§ 652.  CONTRACTS FOR THE PURCHASE OF SEEDS OR PLANT PARTS

(a)  A provision of a contract to purchase seed or plant parts that
purports to waive the provisions of this section, to choose the laws of a
jurisdiction other than Vermont, or to choose a forum that would not
otherwise have jurisdiction over the person is void.

(b)  A seed contract for the purchase of seeds or plant parts in Vermont
is governed by the laws of Vermont.  If a seed contract purports to
choose the laws of a jurisdiction other than Vermont to govern the
contract, the choice is not enforceable.

(c)  A seed contract shall provide that the manufacturer shall indemnify
and defend the purchaser for all claims, damages, losses, and expenses,
including attorney fees, caused by the use of the seeds or plant parts
according to the label and directions for use.

(d)  For the purposes of this section, "plant parts" means a whole plant
or plant part, including scions intended for planting.

and that upon passage, the title of the bill be amended to read "AN ACT
RELATING TO INDEMNIFICATION UNDER SEED CONTRACTS"
(Committee vote: 6-0-0)

AMENDMENT TO S. 164 TO BE OFFERED BY SENATORS SEARS AND ILLUZZI
Senators Sears and Illuzzi move to amend the recommendation of amendment
of the Committee on Judiciary in Sec. 1, in 6 V.S.A. § 652, after
subsection (c), by adding subsections (d) and (e) to read as follows:
(d)  A person who is found liable for the possession of trace or de
minimus amounts of genetically engineered seeds or plant parts and is not
in breach of a contract for the purchase of seed or plant parts shall be
indemnified by the manufacturer for all claims, losses, and expenses,
including attorney fees.
(e)  For the purposes of this section, "genetically engineered seeds and
plant parts" means seeds and plant parts produced by a variety of methods
used to modify genetically organisms or influence their growth and
development by means that are not possible under natural conditions or
processes.  Such methods include cell fusion, microencapsulation and
macroencapsulation, and recombinant DNA technology (including gene
deletion, gene doubling, introducing a foreign gene, and changing the
positions of genes when achieved by recombinant DNA technology).  Such
methods do not include the use of traditional breeding, conjugation,
fermentation, hybridization, in vitro fertilization, or tissue culture.
and by relettering the existing subsection (d) to be subsection (f)



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European NGO Network on Genetic Engineering

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Kleine Wiese 6
D - 38116 Braunschweig
Germany

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