Dairy farmer Dennis Leonardi, who describes himself as a "taxpayer
and law-abiding citizen," will soon harvest the genetically
engineered corn he grows to feed his 400 cows.
But a measure on the Nov. 2 ballot in Humboldt County would
make Leonardi's harvest illegal - and possibly send him or anyone
else growing such crops to jail.
"This is a measure that has gone over the edge,"
said Leonardi, a third-generation Ferndale farmer. "It's
absolutely ridiculous to make criminals out of farmers."
Three other California counties are attempting to pass similar
measures on Nov. 2 that would ban genetically engineered plants
and animals from their borders. Supporters of the ban argue
that biotech crops poses a risk to human health and the environment
- contentions the industry strongly disputes.
The ballot measures in Butte, Marin and San Luis Obispo counties
don't criminalize genetically engineered agriculture like Humboldt
County is attempting to do. Those three counties have followed
the lead of Mendocino County, which passed the nation's first
ban in March, providing for small fines and the destruction
of the biotech crops.
Organizers in several more California counties are collecting
signatures in hopes of qualifying their own anti-biotech measures
in early 2005. Activists in Hawaii, Vermont and elsewhere are
also circulating local petitions and urging politicians to pass
similar legislation.
Critics of biotech crops say the bans are needed to ensure
that farms that grow conventional and organic crops aren't inadvertently
cross-pollinated by biotech varieties. So-called "gene
flow" is an increasing concern among organic farmers, who
fear such cross-pollination could ruin their crops.
Consumers in Japan, Europe and elsewhere demand all their crops
are grown conventionally. Farmers who can't make those guarantees
risk losing those markets.
Still, the biotech industry argues such county measures are
bad public policy because it's already tightly regulated by
the federal government and that local laws will create an impossible
hodgepodge of red tape.
"Farmers should not be denied the right to use this technology
if they choose," said Lisa Dry, a spokeswoman for the Washington
D.C.-based Biotechnology Industry Organization. "To have
imprisonment for growing genetically modified crops is wacky."
Lawyers and law enforcement officials also question whether
the measure can ever be enacted with the imprisonment provision.
"Our position is that it is clearly a violation of the
state and federal constitutions," said Humboldt County
District Attorney Paul Gallegos.
Even some backers of the Humboldt County measure concede that
the punishment proposed is too extreme. But they argue that
the measure's intent is still sound and that any offending language
can be fixed after the election.
"We are talking to lawyers," said Humboldt campaign
co-chair Martha Devine. "I believe the measure can still
go forward."
The proposed measures in Humboldt and Butte would, for the
first time, directly affect farmers growing genetically engineered
crops. The March vote in Mendocino County was seen largely as
symbolic and a marketing boon to organic growers and vintners
in the region because no genetically engineered crops are grown
there.
Similarly, the board of supervisors in tiny Trinity County
had their eyes on the region's salmon fishing when they enacted
their own biotech ban.
No genetically engineered crops are grown in Marin and San
Luis Obispo counties and organic farmers and vintners there
hope to exploit their measures as marketing tools, especially
in biotech-averse Europe.
But in Butte and Humboldt, dozens of dairy farmers like Leonardi
grow corn that is genetically engineered to survive sprayings
of Monsanto Co.'s popular weed killer Roundup. They say the
engineered corn saves them money and eliminates the need to
use a weed killer more toxic than Roundup.
Leonardi and his fellow farmers are offended that the Humboldt
measure accuses them of criminal behavior and activists inserted
language that could have him arrested.
"They didn't bother to come talk to us. They didn't look
for any alternatives," Leonardi said. "Most of us
are family farmers. We have small operations we are active in
the community where we work. I'm really disappointed."