[Congressional Record (Bound Edition), Volume 154 (2008), Part 12]
[Extensions of Remarks]
[Pages 17391-17392]
[From the U.S. Government Publishing Office, www.gpo.gov]




      INTRODUCTION OF GENETICALLY ENGINEERED REGULATORY FRAMEWORK

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                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                         Tuesday, July 29, 2008

  Mr. KUCINICH. Madam Speaker, I rise in support of three bills I have 
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.
  Combined, these bills will ensure that consumers are protected, 
increase food safety, protect farmers' rights and make biotech 
companies liable for their products.


           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.

[[Page 17392]]

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 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.
  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 requires that all genetically engineered foods follow a 
strenuous food safety review process and attempts to prevent 
contamination of our food supply by pharmaceutical and industrial 
crops:
  Require the 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.
  Require that unique concerns regarding genetically engineered foods 
be explicitly examined in the review process, a phase-out of antibiotic 
resistance markers, and a prohibition on known allergens and requires 
the FDA to conduct a public comment period of at least 30 days.
  Place a temporary moratorium on pharmaceutical crops and industrial 
crops until all required regulations put forth by this bill with regard 
to these crops are in effect.
  Place 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.
  Require the United States Department of Agriculture to establish a 
tracking system to regulate the growing, handling, transportation, and 
disposal of all pharmaceutical and industrial crops and their 
byproducts to prevent contamination.
  Call on the National Academy of Sciences to submit to Congress a 
report that explores alternative 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.


            The Genetically Engineered 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.
  Furthermore, 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 provides several farmer rights and protections to maintain 
the opportunity to farm and ensures that the creator of the technology 
assumes all liability:
  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 farmers 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 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.

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