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Farmers who don’t want to remove genetically engineered alfalfa crops in Oregon’s Jackson County must submit their field locations to attorneys representing biotech critics. They will also have to harvest the alfalfa before it reaches 10 percent bloom, to reduce the cross-pollination risks, and monitor nearby roadways for volunteers. These terms are part of a settlement deal resolving a lawsuit that challenged the county’s prohibition against genetically engineered crops, which voters passed last year. On Dec. 22, U.S. Magistrate Judge Mark Clarke approved the settlement, which allows biotech alfalfa growers to grow their crops for eight years despite the ban. In exchange, the alfalfa growers who filed the lawsuit, Schulz Family Farms and James and Marilyn Frink, agree not to appeal an earlier ruling that held the ordinance doesn’t violate Oregon’s “right to farm” law. That statute disallows county governments from restricting common farming practices. The plaintiffs also agreed to stop seeking $4.2 million in compensation for the removal of their alfalfa crops, which are “Roundup Ready” varieties resistant to glyphosate herbicides. Other growers of genetically engineered alfalfa can “opt in” to the settlement by submitting sworn documents identifying where their crop are grown, either with satellite data or other geographic information, within 30 days of the deal’s approval. The information would be submitted to attorneys representing biotech critics who intervened in the case and the data would be covered by an “attorneys eyes only” protective order. Biotech proponents have opposed disclosure requirements, such as a bill proposed during the 2015 legislative session in Oregon, due to fears of vandalism. In 2013, two fields of genetically engineered sugar beets were destroyed in Jackson County, which the Federal Bureau of Investigation called a crime of “economic sabotage.” Ron Bjork, president of the Jackson County Farm Bureau, said some farmers may forgo submitting the sworn document and simply phase out their biotech alfalfa fields within the allotted time. “I don’t know if they will give it to them or not. It’s up to every farmer to make their own decision,” he said. Bjork noted that Jackson County doesn’t have dedicated agricultural experts or a laboratory to test whether crops are genetically modified organisms. Before county authorities could even try to verify that a GMO crop is being grown, they’d likely first have to get a complaint and then obtain a search warrant, he said. “The question is who is going to go out and enforce it,” Bjork said. Devin Huseby, an attorney for Jackson County, said no decisions have been made about the enforcement about the county’s ordinance. “It would be total speculation whether people are going to come forward or not,” Huseby said. The ordinance is now in effect and biotech growers who don’t submit field information would be “flagrantly violating the law,” said George Kimbrell, attorney for the Center For Food Safety, a non-profit that intervened in the case to support the ban. Kimbrell said the most important aspect of the settlement is that the “right to farm” ruling won’t be challenged, rather than whether farmers will follow the disclosure requirement. “People don’t follow the law sometimes, but that’s at their own risk,” he said. Shannon Armstrong, attorney for the plaintiffs, said the deal sought to protect farmers’ privacy as much as possible. “We’re just thrilled other farmers of Roundup Ready alfalfa will be able to opt in to this settlement agreement,” she said. Stay on topic - This helps keep the thread focused on the discussion at hand. If you would like to discuss another topic, look for a relevant article. Share with Us - We'd love to hear eyewitness accounts, the history behind an article, and smart, constructive criticism. Be Civil - It's OK to have a difference in opinion but there's no need to be a jerk. We reserve the right to delete any comments that we feel are spammy, off-topic, or reckless to the community. Be proactive - Use the 'Flag as Inappropriate' link at the upper right corner of each comment to let us know of abusive posts.
