The
Humboldt County Ballot Initiative to Ban Genetically Modified Organisms
Mark
S. Wilson, Humboldt State University, Department of Biology
Title and
summary of the chief purpose and points of the proposed measure:
Ordinance
Prohibiting Propagation, Cultivation, Raising or Growing of Genetically
Modified Organisms in Humboldt County
The purpose of the
proposed ordinance is to prohibit the propagation, cultivation, raising or
growing of genetically modified organisms in Humboldt County. Genetically
modified organisms means specific organisms whose native intrinsic DNA has been
intentionally altered or amended with non species DNA. It does not include
organisms created by traditional breeding or hybridization or microorganisms
created by moving genes or gene segments between unrelated bacteria.
The ordinance
would make it unlawful for any person, firm or corporation to propagate,
cultivate, raise or grow genetically modified organisms in Humboldt County. The
Agricultural Commissioner of Humboldt County would be required to notify any
person that may be in violation of the ordinance that the organisms are subject
to confiscation and destruction. Such person would have five (5) days to
respond to such notification with evidence that such organisms are not in
violation. The Agricultural Commissioner would consider the evidence presented
and any other relevant evidence, and make a determination as soon as possible,
but at least before any genetic pollution may occur.
Upon a
determination that a violation exists, the Agricultural Commissioner shall
confiscate and destroy any such organisms before any genetic pollution may
occur. In addition to confiscation and destruction of any organisms found to be
in violation, a monetary penalty and/or imprisonment shall be imposed taking
into account the amount of damage, any potential damage and the willfulness of
the person, firm or corporation.
COUNTY
ORDINANCE PROHIBITING GROWING OF GENETICALLY MODIFIED ORGANISMS
Section 1.
Finding. The people of Humboldt County wish to protect the countyıs
agriculture, environment, economy, and private property from genetic pollution
by genetically modified organisms.
Section 2.
Prohibition. It shall be unlawful for any person, firm, or corporation to
propagate, cultivate, raise, or grow genetically modified organisms in Humboldt
County.
Section 3.
Definitions.
(a) Genetically
modified organisms means specific organisms whose native intrinsic DNA has been
intentionally altered or amended with non species specific DNA.
For purposes of
this ordinance, genetic modification does not include organisms created by
traditional breeding or hybridization, or to microorganisms created by moving
genes or gene segments between unrelated bacteria.
(b) DNA or
deoxyribonucleic acid means a complex protein that is present in every cell of
an organism and is the blueprintı for the organismıs development.
[note to students: proteins are made of amino acids, and DNA is made of nucleotides...DNA is NOT a protein]
(c) Organism
means any living thing.
(d)
Agricultural Commissioner means the Agricultural Commissioner of Humboldt
County.
Section 4.
Penalties.
(a) The
Agricultural Commissioner shall notify any person, firm, or corporation that
may be in violation of Section 2 of this Ordinance, that any organisms in
violation of this Ordinance are subject to confiscation and destruction.
(b) Any person,
firm, or corporation that receives notification under subparagraph (a) shall
have five (5) days to respond to such notification with evidence that such
organisms are not in violation of this Ordinance.
(c) Upon
receipt of any evidence under paragraph (b), the Agricultural Commissioner
shall consider such evidence and any other evidence that is presented or which
is relevant to a determination of such violation. The Agricultural Commissioner
shall make such determination as soon as possible, but at least before any
genetic pollution may occur.
(d) Upon making
a determination that a violation of this Ordinance exists, the Agricultural
Commissioner shall cause to be confiscated and destroyed any such organisms
that are in violation of this Ordinance before any genetic pollution may occur.
(e) If the
Agricultural Commissioner determines there has been a violation of this
Ordinance, in addition to confiscation and destruction of any organisms that
are found to be in violation, the Agricultural Commissioner shall impose a
monetary penalty and/or imprisonment on the person, firm, or corporation
responsible for the violation, taking into account the amount of damage, any
potential damage, and the willfulness of the person, firm, or corporation.
Note: the
ballot initiative failed after the Humboldt Green Genes removed their support
for it. Primarily, people were
concerned that the provision allowing the Agricultural Commissioner to jail
people was unconstitutional.
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next topic, The Arcata City
Council Ban on GMOs
or move to, What is a GMO?