Advocates to keep pushing for measure that holds makers of genetically modified seeds liable for cross-pollination

By Staci Matlock | The New Mexican

3/15/2009

A bill designed to protect farmers from liability if their fields are cross-pollinated by patented, genetically modified seeds isn't going anywhere in this year's Legislature.

But the proponents of Senate Bill 560 said they will keep pushing for the protections in future sessions. "By no means is this going away," said Joshua Cravens, a Monticello, N.M., farmer and organizer of the Arid Lands Seed Cache that collects seeds adapted to dry-land farming.

The bill would make the manufacturers of genetically modified seeds liable if the plants end up on a non-customer's property. It also provides protections for the companies in some cases.

Proponents say the bill provides a measure of protection to traditional seed farmers without harming the rights of farmers who want to use genetically modified seeds. In addition, it requires the state to keep a databank of where genetically modified plants are grown.

The New Mexico Department of Agriculture claims the bill would be expensive to carry out and that three federal agencies already oversee and regulate seeds.

Sen. Cisco McSorley, D-Albuquerque, carried the bill for a coalition of farmers, ranchers, seed growers and acequia groups called Cuatro Puertas.

Their concern: the ability of agribusiness companies like Monsanto to sue farmers whose fields become cross-pollinated from patented genetically modified plants.

"We don't want to have people get sued if these seeds end up in farmers' fields," said Isaura Andaluz, an Albuquerque bee keeper and organizer for Cuatro Puertas. "A watch or gadget can be patented, but can't contaminate other people's watches or gadgets. A patented genetically modified plant can contaminate other farmers' fields."

Monsanto has filed suit against several farmers in the past claiming the farmers knowingly collected the cross-contaminated seeds and violated the company's patent rights. Courts have found in the company's favor several times, and Monsanto dropped at least one case. Farmers who buy Monsanto's patented seeds sign contracts agreeing not to save seeds for replanting.

Monsanto did not respond to a call Friday for comment about the bill.

In New Mexico, many farmers and gardeners collect seeds for replanting. Some corn, chile, bean and other crops are from strains dating back generations.

Some of those strains have been developed through careful selection of seeds from the hardiest plants and cross-pollination in the fields, a form of manipulating genetics.

But the genetic engineering that concerns Cuatro Puertas farmers involves inserting genes from unrelated species — such as a potato or a bacteria gene into a corn seed. Such laboratory manipulations have allowed companies to create seeds resistant to pests and diseases.

It also has created a liability question. Should the traditional farmer whose fields become cross-contaminated by pollen from patented genetically modified plants still be allowed to collect seeds? Or should the farmer of the genetically modified plants be liable for allowing cross-contamination?

"We feel this is a really a pressing threat to local agriculture, kind of the advent of this particular kind of GMO technology," said Michael Reed, president of the New Mexico Farmers Market Association, representing 50 markets across the state.

Dr. Miley Gonzalez, head of the New Mexico Department of Agriculture, said his concern with the bill is that it penalized farmers who choose to use genetically modified seeds. He said traditional seed growers need to be protected, but "not at detriment of some other part of our industry."

Gonzalez and Cuatro Puertas advocates agree on one thing: There are ways to prevent genetically modified plants from contaminating other fields.

But traditional farmers wonder what is in place to ensure those protections are really used.

Contact Staci Matlock at 470-9843 or smatlock@sfnewmexican.com.