[Congressional Record Volume 152, Number 50 (Tuesday, May 2, 2006)]
[Extensions of Remarks]
[Pages E687-E688]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      INTRODUCTION OF GENETICALLY ENGINEERED REGULATORY FRAMEWORK

                                 ______
                                 

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                          Tuesday, May 2, 2006

  Mr. KUCINICH. Mr. Speaker, I rise in support of six bills I 
introduced today that will provide a comprehensive regulatory framework 
for all genetically engineered plants, animals, bacteria, and other 
organisms. The bills will protect our food, environment, and health. 
They are a common sense precaution to ensure genetically engineered 
foods do no harm.
  Genetic engineering is having a serious impact on the food we eat, on 
the environment, and on farmers. To ensure we can maximize benefits and 
minimize hazards, Congress must provide a comprehensive regulatory 
framework for all genetically engineered products.
  Current laws, such as our food safety and environmental laws, were 
not written with this technology in mind. Clearer laws are necessary to 
ensure that these new scientific capabilities and the associated 
impacts are closely monitored.
  The six bills include the Genetically Engineered Food Right to Know 
Act of 2006, which requires food companies to label all foods that 
contain or are produced with genetically engineered materials and 
instructs the Food and Drug Administration to conduct periodic tests to 
ensure compliance. This is a basic consumer rights and consumer safety 
issue. People have a right to know what is in the food they are eating, 
and that the food is safe.
  Combined, these bills would ensure that consumers are protected, 
increase food safety, protect farmers rights, make biotech companies 
liable for their products, and help developing nations resolve hunger 
concerns

           Summary of Genetically Engineered Food Legislation


           The Genetically Engineered Food Right To Know Act

       Consumers wish to know whether the food they purchase and 
     consume is a genetically engineered food. Concerns include 
     the potential transfer of allergens into food and other 
     health risks, potential environmental risks associated with 
     the genetic engineering of crops, and religiously and 
     ethically based dietary restrictions. Adoption and 
     implementation of mandatory labeling requirements for 
     genetically engineered food produced in the United States 
     would facilitate international trade. It would allow American 
     farmers and companies to export and appropriately market 
     their products--both genetically engineered and non-
     genetically engineered--to foreign customers. This bill 
     acknowledges consumers have a right to know what 
     genetically engineered foods they are eating:
       Requires food companies to label all foods that contain or 
     are produced with genetically engineered material and 
     requires the FDA to periodically test products to ensure 
     compliance.
       Voluntary, non-GE food labels are authorized.
       A legal framework is established to ensure the accuracy of 
     labeling without creating significant economic hardship on 
     the food production system.


               The Genetically Engineered Food Safety Act

       Given the consensus among the scientific community that 
     genetic engineering can potentially introduce hazards, such 
     as allergens or toxins, genetically engineered foods need to 
     be evaluated on a case-by-case basis and cannot be presumed 
     to be generally recognized as safe. The possibility of such 
     hazards dictates a cautious approach to genetically 
     engineered food approvals. However, FDA has glossed over the 
     food safety concerns of genetically engineered foods and not 
     taken steps to ensure the safety of these genetically 
     engineered foods. This bill requires that all genetically 
     engineered foods follow a strenuous food safety review 
     process:
       Requires FDA to screen all genetically engineered foods 
     through the current food additive process to ensure they are 
     safe for human consumption, yet continues FDA discretion in 
     applying the safety factors that are generally recognized as 
     appropriate.
       Requires that unique concerns be explicitly examined in the 
     review process, a phase out of antibiotic resistance markers, 
     and a prohibition on known allergens.
       Requires the FDA to conduct a public comment period of at 
     least 30 days


    The Genetically Engineered Crop and Animal Farmer Protection Act

       Agribusiness and biotechnology companies have rapidly 
     consolidated market power at the same time as the average 
     farmer's profits and viability have significantly declined. 
     Policies promoted by biotech corporations have systematically 
     acted to remove basic farmer rights enjoyed since the 
     beginning of agriculture. These policies include unreasonable 
     seed contracts, the intrusion into everyday farm operations, 
     and liability burdens. The introduction of genetically 
     engineered crops has also created obstacles for farmers, 
     including the loss of markets and increased liability 
     concerns. To mitigate the abuses upon farmers, a clear set of 
     farmer rights must be established. This bill provides several 
     farmer rights and protections to maintain the opportunity to 
     farm:
       Farmers may save seeds and seek compensation for failed 
     genetically engineered crops.
       Biotech companies may not: shift liability to farmers; nor 
     require access to farmer's property; nor mandate arbitration; 
     nor mandate court of jurisdiction; nor require damages beyond 
     actual fees; nor charge more to American farmers for use of 
     this technology, than they charge farmers in other nations, 
     or any other unfair condition.
       Seed companies must: ensure seeds labeled non-GE are 
     accurate; provide clear instructions to reduce cross-
     pollination, which contaminates other fields; and inform 
     fanners of the risks of using genetically engineered 
     crops.
       The EPA is required to evaluate the concern of Bt resistant 
     pests and take actions necessary to prevent resistance to Bt, 
     an important organic pesticide.
       The bill prohibits genetic engineering designed to produce 
     sterile seeds and loan discrimination based on the choice of 
     seeds an agricultural producer uses.


           The Genetically Engineered Organism Liability Act

       Biotech companies are selling a technology that is being 
     commercialized far in advance of the new and unknown science 
     of genetic engineering. Farmers may suffer from crop 
     failures, neighboring farmers may suffer from cross 
     pollination, increased insect resistance, and unwanted 
     ``volunteer'' genetically engineered plants, and consumers 
     may suffer from health and environmental impacts. Therefore, 
     biotech companies should be found liable for the failures of 
     genetically engineered crops. This bill ensures that the 
     creator of the technology assumes all liability:
       The bill places all liability from negative impacts of 
     genetically engineered organisms squarely upon the 
     biotechnology companies that created the genetically 
     engineered organism.
       Farmers are granted indemnification to protect them from 
     the liabilities of biotech companies.
       The bill prohibits any transfer of liability away from the 
     biotechnology companies that created the genetically 
     engineered organism.


                   Real Solutions to World Hunger Act

       The demand for mandatory labeling, safety testing, and 
     farmer protections do not constitute obstacles to the 
     cessation of world hunger. Economics remain the significant

[[Page E688]]

     barrier to a consistent food supply, and the development of 
     expensive genetically engineered foods may only exacerbate 
     this trend. Almost all research funding for the development 
     of genetically engineered food target the developed nation's 
     agriculture and consumers. However, agroecological 
     interventions have had significantly more success in helping 
     developing nations feed themselves with higher yields and 
     improved environmental practices, all within reasonable costs 
     for developing countries. This bill offers several new 
     initiatives and protections to help developing nations 
     resolve their hunger concerns:
       To protect developing nations, genetically engineered 
     exports are restricted to those already approved in the U.S. 
     and approved by the importing nation.
       The bill creates an international research fund for 
     sustainable agriculture research paid for the Sustainable 
     Agriculture Trust Fund, a small tax on biotechnology company 
     profits.


 The Genetically Engineered Pharmaceutical and Industrial Crop Safety 
                                  Act

       A pharmaceutical crop or industrial crop is a plant that 
     has been genetically engineered to produce a medical or 
     industrial product, including human and veterinary drugs. 
     Many of the novel substances produced in pharmaceutical crops 
     and industrial crops are for particular medical or industrial 
     purposes only. These substances are not intended to be 
     incorporated in food or to be spread into the environment. 
     That would be equivalent to allowing a prescription drug in 
     the food supply. Experts acknowledge that contamination of 
     human food and animal feed is inevitable due to the inherent 
     imprecision of biological and agricultural systems. This 
     contamination by pharmaceutical crops and industrial crops 
     pose substantial liability and other economic risks to 
     farmers, grain handlers, and food companies. This bill 
     attempts to prevent contamination of our food supply by 
     pharmaceutical crops and industrial crops.
       The bill places a temporary moratorium on pharmaceutical 
     crops and industrial crops until all regulations required in 
     this bill are in effect.
       The bill places a permanent moratorium on pharmaceutical 
     crops and industrial crops grown in an open-air environment 
     and on pharmaceutical crops and industrial crops grown in a 
     commonly used food source.
       The United States Department of Agriculture shall establish 
     a tracking system to regulate the growing, handling, 
     transportation, and disposal of all pharmaceutical and 
     industrial crops and their byproducts to prevent 
     contamination.
       The National Academy of Sciences shall submit to Congress a 
     report that explores alternatives methods to produce 
     pharmaceuticals or industrial chemicals that have the 
     advantage of being conducted in controlled production 
     facilities and do not present the risk of contamination.

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