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More information on Measure H...
ENTIRE TEXT OF THE PROPOSED ORDINANCE:
COUNTY ORDINANCE PROHIBITING GROWING OF GENETICALLY MODIFIED ORGANISMS
Section 1. Finding. The people of Mendocino County wish to protect the county’s 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 Mendocino 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 ‘blueprint’ for the organism’s development.
(c) Organism means any living thing.
(d) Agricultural Commissioner means the Agricultural Commissioner of Mendocino 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 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.
IMPARTIAL ANALYSIS
PROHIBITION ON THE PROPAGATION, CULTIVATION, RAISING AND GROWING OF GENETICALLY MODIFIED ORGANISMS IN MENDOCINO COUNTY
MEASURE H
This measure seeks voter approval for the adoption of a Mendocino County ordinance bearing the title “Prohibition on the Propagation, Cultivation, Raising and Growing of Genetically Modified Organisms in Mendocino County.” This ordinance provides as follows:
This proposed ordinance expresses the desire of the people of Mendocino County to protect the County’s agriculture, environment, economy and private property from genetic pollution by genetically modified organisms. Toward that end, the ordinance declares it to be unlawful for any person, firm or corporation to propagate, cultivate, raise or grow genetically modified organisms in Mendocino County. The ordinance places the primary enforcement responsibility on the County Agricultural Commissioner. The ordinance provides for the confiscation and destruction of organisms found to be prohibited by the ordinance and authorizes the Agricultural Commissioner to impose a monetary penalty on the person, firm or corporation responsible for the violation. A process is provided whereby the Agricultural Commissioner is obligated to notify any person, firm or corporation that the organisms are subject to confiscation and destruction and an evidentiary hearing process is available to any person, firm or corporation to determine whether a violation has occurred.
This ordinance contains definitions for “genetically modified organisms,” “DNA or deoxyribonucleic acid,” “organism” and “Agricultural Commissioner.”
This measure requires voter approval by a simple majority of the qualified voters.
A YES vote will be a vote in favor of adoption of the proposed ordinance.
A NO vote will be a vote against the adoption of the proposed ordinance.
DATED: December 9, 2003
Ballot Statement in Favor of Measure H
Measure H Prevents Irreversible Harm to the Economy
Genetically Modified Organisms (GMOs) threaten county agriculture and commerce in several ways. First, Pollen and seed from GMOs travel great distances, contaminating non-GMO crops. Second, wind- and insect-borne GMO pollen can cross-pollinate with commercial and native grapevines, threatening the economic viability of organic and conventional wineries. Third, GMO- polluted wine is unmarketable in Europe and Japan. Fourth, Mendocino County has 150 organic farmers and wineries; if organic crops become contaminated by GMOs, the organic farmers and wineries will lose organic certification and their products will not be marketable as organic. Over one third of Mendocino County’s wine grapes are organic and are an important source of county revenue. Fifth, banning GMO crops will make Mendocino crops attractive in markets where there is a demand for food that is organic and pure.
Measure H Prevents Harm to the Environment of Mendocino County
Through cross-pollination, GMOs will irreversibly contaminate native plants and trees, may create new super-weeds, and may disrupt important ecosystems.
Measure H Preserves Private Property Rights
Because of wind- and insect- borne GMO pollen drift and transport of GMO seeds by birds, animals and humans, without passage of Measure H, property owners who wish to keep their land GMO-free, will be unable to do so.
What Measure H Will Not Regulate:
Measure H will not regulate the use of GMO bacteria or byproducts.
Measure H will not regulate the sale of labeling of GMO food and feed.
For these reasons the citizens below are supporting Measure H.
- MARVIN TROTTER, MD
- ART HARWOOD, CEO, Harwood Products
- CRAIG BELL, Former Logger and Current Fishing Guide
- LARRY BALLENGER, Pastor
- PAUL FREY, President, Frey Vineyards
- TIM BATES, Organic Farmer
s/ Mendocino Organic Network
Els Cooperrider, GMO Project Leader
s/ Mary Jane Sheppard, Lawyer
s/ Ronald Epstein, Professor SFSU
Rebuttal to argument in Favor of Measure H
LET SCIENCE, NOT SCARE TACTICS, GUIDE YOUR VOTE.
“…FDA’s (U.S. Food and Drug Administration’s) scientific evaluation of bioengineered foods continues to show that these foods, as currently marketed in the U.S., are as safe as their conventional counterparts.”
Lester Crawford, DVM, Ph.D.
Deputy Commissioner, U.S. Food and Drug Administration
FACT: MEASURE H COULD INCREASE BUREAUCRACY AND RAISE TAXES. According to Mendocino County’s Agricultural Commissioner: Measure H has no funding mechanism and would take staff away from existing duties.
FACT: Scientific Studies have found that biotech crops are not more invasive or persistent than conventional crops.
FACT: Under the National Organic Program regulations, pollen from biotech crops would not cause organic farmers to lose certification.
FACT: More than 3,500 scientists, 20 Nobel Prize winners, Royal Society, National Academy of Sciences, American Medical Association, and World Health Organization have expressed confidence in the safety of biotech crops for human health and environment.
FACT: Use of biotech plants can reduce pesticide use, lowering the amount of pesticides in our water, and improving our fisheries.
MEASURE H HURTS FAMILIES, FARMERS AND THE ENVIRONMENT.
It prevents Mendocino County from enjoying the potential benefits of biotechnology including:
- The reduction of pesticide use around the home and the farm
- Treatment for sudden oak death.
- Treatment for Pierce’s disease and phylloxera which are lethal to organic and conventional grapevines.
- Treatment of animal diseases.
- The ability to grow more food for a hungry world.
REJECT More Bureaucracy and Bad Government!
VOTE NO to Higher Taxes!
NO on Measure H
Henry L. Miller, M.D.,
Former Special Assistant to the Commissioner of the U.S. Food and Drug Administration
Jere Melo,
Mayor, City of Fort Bragg
Tyler Nelson, Pear and Grape Grower
Jerilyn R. Harris, Retired biology teacher
George A. Hollister, Past-President, Mendocino County Farm Bureau
Shall the Ordinance titled “Prohibition on the Propagation, Cultivation, Raising and Growing of Genetically Modified Organisms in Mendocino County be approved?
Arguments Against Ballot Proposition Measure H
MEASURE H Is Bad Governance.
This measure could intrude on privacy, cut vital community services, raise taxes and stall life-saving medicinal developments.
MEASURE H Could Cause More Government Intrusion Into Your Private Life!
All plants-whether grown in your backyard or on a farm-could be subject to regulation and enforcement if Measure H passes. Does the government need to know what’s growing in your garden?
MEASURE H Could Cut Vital Services and Raise Taxes!
Presently our county faces a financial crisis in providing services and programs for our citizens. Adding another burden in the form of Measure H is financially foolish!
MEASURE H Could Deny Citizens Future Life-Saving Techniques!
Biotechnology has already yielded significant advances in the battle against diabetes, Parkinson’s, AIDS, cancer and other diseases. A ban on plants produced through biotechnology could deny us significant improvements to our future quality of life.
MEASURE H Uses Fear Instead Of Science To Decide For Us That Biotechnology Is Unethical!
Currently, the United States Food and Drug Administration (FDA), United States Environmental Protection Agency (EPA) and the U.S. Department of Agriculture (USDA) regulate food crops developed through biotechnology to assure their safety to human health and the environment.
Leading medical and scientific organizations also have declared their confidence in the safety of biotech foods including the American Dietetic Association, American Medical Association, Institute of Food Technologies, Food and Agriculture Organization of the United Nations, National Academy of Sciences and the World Health Organization.
Measure H is not in the best interests of the people or for the future of Mendocino County.
VOTE NO on Measure H!
Peter Bradford, Rancher
Tom Piper, Viticulturist
R. Gene Geisler, Ph.D., Professor Emeritus, SFSU
Jerilyn R. Harris, Retired Biology Teacher
Mike Anderson, Owner Anderson Logging
Shall the Ordinance titled “Prohibition on the Propagation, Cultivation, Raising and Growing of Genetically Modified Organisms in Mendocino County be approved?
Rebuttal to Argument Against Measure H
Measure H will not intrude on privacy.
Commercially available plants are already subject to inspection by the County Agricultural Commissioner, who checks for insects and fungal infestations. When Measure H passes, GMO livestock and plants will also be covered.
Measure H will not be a financial burden.
Rather than creating a financial burden, Measure H will ensure a continuing market for our unique agriculture. Demand for GMO-free products is increasing all over the world. The argument that Measure H would cut vital services and raise taxes is completely unfounded.
Measure H will not deny citizens future life-saving medicines.
Measure H does not effect the importation of commercially available pharmaceuticals.
Measure H’s opponents are using scare tactics and fear instead of science.
Genetic engineering is unproven, imprecise technology that is full of unknown consequences. It should not be forced on our county as an uncontrolled biological experiment. The FDA, EPA and USDA do not adequately regulate genetically engineered food crops. The products do not undergo thorough pre-market safety testing or subsequent labeling. Therefore, the safety of human health and the environment cannot be assured.
Research associations and governmental organizations, international and national, (including the British Medical Association and the National Academy of Sciences) believe more research should be conducted on the possible toxicity and allergenicity of GMOs.
Vote YES on Measure H!
TONY CRAVER, Sheriff
Dr. DIANE HARRIS, MD
ZEKE GRADER, CEO California Federation of Fisheries Associations
DAN FETZER, Jeriko Vineyards
Dr. MARC LAPPE, PhD Toxicology
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