We're here at the 10th Organic Seed Growers Conference today! Amy Wong and Chris Hardy will be participating in a panel from 2:00pm - 3:30pm in the Alumni Center/Room 111, for "In the Trenches and in State Capitals: Legislative Work to Protect Organic Seed." Please join us!

Details: Given the federal policy shortcomings related to the oversight of GMOs and the protection of organic seed, advocacy groups have been promoting state-based initiatives to fill federal gaps. This panel includes policy leaders who will share updates, stories, and lessons learned with an eye toward strengthening policy and legislative efforts at the state level. Topics include liability for GE contamination; protecting the Willamette Valley from commercial canola cultivation in high-value organic seed production areas; ballot measures to ban GE crops in Southern Oregon; resisting cultural appropriation in New Mexico; and other community organizing examples that aim to protect the viability and integrity of organic seed. This session will provide an opportunity for audience members to discuss other ways to educate, inspire, and advocate for organic seed in their communities and beyond. https://seedalliance.org/conference-workshop-details

There were many highs and lows throughout this Legislative Session and we experienced a steep learning curve that has better set us up for future progress in Salem. While we know that many of you join us in being gravely disappointed that a toxic political culture led to HB 2020 (the climate change bill) being taken off the table for now, we are thrilled to be able to update you on some positive developments that happened over the last couple of days.

SB 885, the bill to maintain the 500 acre canola cap in the Willamette Valley, passed out of the Senate on June 29^th and the House on June 30^th! The bill originally was supposed to be voted on the same day as HB 2020, but the Senate Republicans walked out and fled the state to avoid being forced back to work by Oregon State troopers. It is a testament to the hard work of many people, as well as supporters contacting their legislators (it works!), that this bill was prioritized once the Senate Republicans finally returned.

We also made headway with ODA and their approach to canola. Since no one knew if SB 885 would pass, ODA had to undertake a rulemaking process, which ran parallel to the legislative process, to ensure that there would be regulations governing canola cultivation come July 1, 2019 when the previous acreage cap sunsets. As part of the rulemaking process, ODA assembled a Canola Rules Advisory Committee (RAC) and while we were not officially at the table, we attended all of the meetings as an observer, and supported our coalition partner, Friends of Family Farmers, who did have a seat at the table. We also made sure that there was a robust turn out for the May 29th hearing on ODA’s proposed canola rules. Testimony in support of limits on canola cultivation far outweighed testimony in favor of canola! And ODA listened and included a canola exclusion zone in the final rules, as well as a three-mile isolation distance to protect specialty seed growers, especially organic producers, who are outside of the exclusion zone. We will make sure to hold ODA accountable in terms of following up on some topics that are still pending, including banning or limiting genetically engineered (GE) or herbicide tolerant (HT) canola varieties.

However, since SB 885 will become law when Governor Brown signs it, it is our understanding that ODA will do emergency rulemaking to maintain the 500 acre cap and it is unclear if the other elements of the rule that the agency just drafted will be included. We hope so, but if they don’t this round, we think that it is possible to get them in place in the future. The canola debate is far from over because SB 885 will sunset in 2023.

There are also exciting developments that came out of the State Grange convening which took place in Molalla from June 22^nd to 27th. The Grange passed two resolutions regarding GE-free zones and overturning the seed preemption to allow Josephine County’s GE ban to finally go into effect. We will be working closely with the State Grange to ensure that the Grange resolutions are translated into viable legislative concepts.

We also recently checked in with our legislative champion, Rep. Wilde, and he is ready and willing to keep working on GE contamination issues in the interim and beyond.

All in all, we made some impressive incremental progress this session and we could not have done it without your support—financially, as well as by responding to action alerts and coming out to testify.

To recap, here are some of our accomplishments:

• We survived legislative deadlines;
• We held public hearings in which two legislators came and testified in support of our work;
• We met the Speaker of the House and solidified support for GE contamination issues;
• We found a legislative champion;
• Even though HB 2882, the GE Liability Bill died, it made more progress than the first time we ran it; 
• We were given two legislatively mandated work groups—one for GE and another for Organic;
• We were invited to regularly participate in quarterly Organic Stakeholder meetings at ODA;
• We connected with old and new seed friends in the Willamette Valley and made sure that SOSGA is better represented in Salem too;
• We got local and national press:
  • OPB’s Think Out Loud covered HB 2882 the GE Liability Bill, and while there are some inaccuracies in this 20 minute radio story, it is pretty good. 
  • The Statesman Journal also covered HB 2882.
  • Civil Eats wrote about co-existence between canola and the Oregon’s specialty seed industry.

Here are some other recent related media links that may be of interest:

• The New York Times ran a beautiful piece about the importance of seed last weekend and it included Frank Morton, one of Oregon’s premiere organic seed growers who is a big fan of our work.
• More GE wheat was found in Washington State last week. See the Capital Press story here. 
• The New York legislature passed a bill sponsored by Sen. Jen Metzger (SD42) that creates an affirmative defense for farmers who are contaminated by GE matter through no fault of their own, but could still be legally liable to the patent holder or manufacturer of the GE plant.

We are going to take a short break but will be back in Salem soon for on-going work group and ODA meetings and getting ready for future sessions. Thank you again for your support and please consider joining us and donating to make sure that we can keep up the work year-round.

The 500 acre cap on canola production in the Willamette Valley sunsets July 1. Additional canola acreage could have disastrous effects on Oregon’s specialty seed industry through increased pest and disease pressures, as well as genetically engineered (GE) and other cross contamination.

Cultivate Oregon is actively working to protect Oregon’s farmers and seeds by lobbying in support of SB 885, the bill to maintain the 500 acre canola cap, as well as requesting that ODA strengthen the agency’s proposed canola rules, which do not offer enough protections against GE and other contamination. 

Cultivate Oregon is looking for members of the seed community to come to Salem next week to speak to why allowing more canola into the Willamette Valley is a bad idea. Funds are available to cover reasonable travel costs. If you or someone you know would be willing and able to come to Salem, please contact us. 

Read ODA’s proposed rules. 

TAKE ACTION! Review Friends of Family Farmers excellent template for submitting testimony and/or talking points if you can testify in person.

 

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WHY PROTECTING THE WILLAMETTE VALLEY FROM CANOLA AND GE SEED IS SO IMPORTANT

Oregon is one of the top five specialty seed growing regions in the world. This unique heritage should be protected and expanded. Unfortunately, the potential introduction of thousands of acres of canola could threaten this legacy, as can further genetically engineered (GE) contamination. Other seed growing regions that have allowed extensive canola cultivation have experienced reductions in the varieties of specialty seed crops that they can grow, as well increased cross contamination issues. For example, radish seed can no longer be grown in Europe—only Oregon and New Zealand

Large-scale canola cultivation poses unique threats to the specialty seed industry in Oregon for several reasons:

 

• Specialty seed needs robust purity—canola for oil does not, thus putting a greater burden on the specialty seed grower to fence out canola contamination.
  
  
• Increased pest and disease pressures (and while this is true of any brassicaceae crop, the risks rise with increased acreage. Specialty seed acreage is arguably less than what is desired by commercial canola production and doesn’t pose as intense a threat.)
  
  
• Strong volunteerism - it is difficult to control volunteer canola plants, which can spread easily.
  
  
• Seed banking - canola seed can remain in fields for several years, even after the canola has been harvested.
  
  
• Various cross pollination concerns--seed purity and GE.
  
  
• It is becoming increasingly difficult to find “clean” GE-free canola seed. For example, in February of 2019 farmers in France and Germany had to rip out thousands of acres of canola fields because the sowed seed was sold as non-GE but was determined to be contaminated with GE-varieties as well.
  
  
• There is a growing need for organic, non-GMO seed. Oregon has the potential to contribute to this, as long as the right protections in place.
  
  
• The U.S. organic seed market for crops was worth more than $460 million in 2015 and is predicted to reach $5.4 billion by the year 2024. However, the supply for organic seed is insufficient. Ensuring protections for organic seed growers could be a major economic opportunity for Oregon. Organic seed can yield between $10K and $50K an acre; GE seed only $1000 an acre. Canola, at best, yields $1500 an acre.
  
  
• Organic seed grower Frank Morton submitted this excellent testimony to Oregon Dept. of Agriculture and it offer a deep dive into why large scale canola production should be kept out of the Willamette Valley.
   
• Limiting the threat of GE contamination through maintaining a cap on canola acreage is also important to seed growers in other parts of Oregon, like the Rogue Valley. Many farmers in southern Oregon source seeds from the Willamette Valley. Further, GE contamination could drift from northern to southern Oregon, endangering seed growers in the south.

Update on HB 2882: First off, a huge, heartfelt THANK YOU to all of you who showed up and submitted testimony for the GE Liability Bill last Wednesday. It is appreciated and is helping to keep up the momentum on this bill.

And HB 2882 is still alive. However, in order to maintain forward momentum, the bill’s original intent was amended. It is simply not politically feasible to create patent holder or manufacturer liability for genetically engineered (GE) contamination events. Yet. The new intent of HB 2882 is to grant ODA the authority to regulate GE crops in Oregon. This is a positive step forward, as ODA has long claimed that the agency does not have this authority. While many may be disappointed that a bigger step is not being taken, HB 2882 is farther along in the legislative process than ever before.

The GE industry still has incredible political power and it should be considered a win that an incremental step is being made. However, we’re not across the finish line yet. The hearing for HB 2882 will resume on Monday May 13th at 3pm in Hearing Room C. It is our hope that a work session will follow and the bill will be voted out of committee.

Please stay tuned for updates, which hopefully will include doing outreach to the next committee where HB 2882 lands. And you can still submit testimony up until 3pm tomorrow.

Farmers, seed savers and those who care about the future of Oregon’s seed stocks, take note! HB 2882, the GE Liability Bill is moving forward thanks to the work of all of our coalition partners, especially Our Family Farms. There is a hearing and possible work session scheduled for this Wednesday, May 8^th at 3pm in Hearing Room C before the House Rules Committee.

Having a hearing and a work session is a big step forward and we need to keep up the momentum by having the public testify or submit testimony.

If you can come testify THIS WEDNESDAY, please contact our Policy Director, Amy Wong at [email protected] or (805) 455 4200. We have a small travel fund to bring farmers to Salem but we will need to coordinate quickly. Amy can also help you create personalized testimony if you like. In-person testimony is powerful and moving.

If you can’t testify in person, please consider submitting written testimony. We have provided a template and instructions on how to submit on our website. Please also send a message to your Representative and Senator to tell them that you support HB 2882. Find who represents you here.

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Before the session started, Cultivate Oregon and our coalition partners were able to find sponsors in both the House and Senate for identical GE Liability Bills, an updated version of the bill that first was introduced in 2017. Having identical bills in both chambers is a safety mechanism—if the bill doesn’t move on one side, it hopefully will move on the other side, which is the case this year. While we initially thought the Senate version would have more support, it actually was the House version, HB 2882, which made it past the April 9^th deadline and is currently being worked on. It is not a bad thing per se that the Senate version SB 434 is “dead.”

HB 2882 was scheduled for a perfunctory Work Session on April 3^rd and the bill was moved from the Judiciary Committee to the Rules Committee. This alone should be considered a win because the legislature is overwhelmed with thousands of bills and many pieces of legislation don’t make it past the deadline, regardless of the merits. The Speaker of the House helped move the bill forward and we are appreciative of the Speaker’s support. Rep. Holvey, a longtime champion of GE issues, is the Chair of the Rules Committee and is willing to schedule a hearing when the bill is ready.

What's a work session? A Work Session is different from a public hearing in that no testimony is taken from the public, unless invited, although the public may attend the work session.

Is the bill moving? We are fortunate that the democratic leadership, and some key Senators, recognize the need for something to be done about GE contamination in Oregon. That said, opposition forces have peppered the legislature with many concerns about the bill. For example, that holding patent holders and manufacturers liable for GE contamination will have a chilling effect on business in Oregon; that GE contamination isn’t a problem in Oregon; that other legal remedies exist; that this is an issue that should be managed solely through “farmer to farmer” handshakes; and that there could be negative, unintended legal consequences. We don’t agree with these concerns and are working hard to counter them in both chambers. In the meantime, Speaker Kotek has asked Rep. Wilde to work with the coalition to address these concerns and come up with a version of the bill that can garner broad support. We are hoping that we can find a way forward that still puts liability on the chemical corporations behind GE technology. This is the first time that we have had an ally in the legislature directly working with us so it is a big step forward and Rep. Wilde has been engaging and genuinely open to learning more about this topic.  

What exactly happened to SB 434? We were assured from our Chief Senate sponsor, Sen. Frederick, that the Chair of the Senate Judiciary Committee, Sen. Prozanski, would schedule a hearing. Sen. Prozanski even signed onto the bill and has long been a supporter of GE issues. However, Sen. Prozanski became concerned that there is not a sufficient legal nexus between GE contamination and manufacturers or patent holders. While this is disappointing, Sen. Prozanski committed to holding an Informational Hearing followed by a Work Group because he does see the need to “draw a line in the sand” with GE issues but wants to make sure that he does so in a way that he is comfortable with. Our Chief Sponsor in the Senate has gotten pieces of legislation out of Work Groups before, so ultimately, this is also a step in the right direction and could allow for our voices to be heard in a less-rushed environment, as well as for a group of allies to convene to further push the issue. We will balance continuing to work on the House version while simultaneously addressing potential future solutions with Sen. Prozanski in the Senate.

It often takes multiple tries to get legislation passed, so while some of you may be feeling disappointed, we making progress and the House bill is still moving! We also found new Republican allies this session. Rep. Findley and Rep. Stark are supportive and we hope to find more bipartisan buy in. We also are working with an exciting new coalition partner, Oregon Organic Coalition, and through this relationship, we will be attending quarterly meetings at ODA. These are really great developments. 

What exactly does the bill do? HB 2882 will create a cause of action for liability against patent holders or licensed manufacturers for GE contamination events in Oregon. The bill will not pit farmer against farmer. The parties that will be held responsible are the corporations behind genetic engineering, not the farmers who use them since in some instances, contamination is out of the hands of the farmer who planted the seed or cannot be attributed to any one farm. GE contamination, and the threat of contamination, costs farmers--including Oregon farmers--billions of dollars. It is time to level the playing field and hold the corporations behind the technology that is responsible for this contamination accountable. Learn more about HB 2882 on our website.

What you can do: Please do make sure to contact your legislators and tell them that you are concerned about GE contamination in Oregon and increased canola acreage in the Willamette Valley and want protections for our specialty seeds. You can find your representatives here. Also, if you haven’t done so already, fill out our support form and let us know if you are able to write testimony or testify in person once a hearing is scheduled. Sometimes we don't get much notice so it's helpful to have a list of supporters on hand. Please also continue to share information about HB 2882 on social media, and learn as much as you can about GE contamination events in Oregon and the risks they pose to farmers and our specialty seed industry.

What About Canola? As for the limit on 500 acres of canola allowed in the Willamette Valley that will sunset in July, SB 885 will keep the status quo in place and was voted out of committee in early April. 

We thought that the bill was going to go directly to the Senate Floor, but at the very last minute ODA attached a cost to the legislation which means that it had to be referred to the Ways and Means Committee to ensure that there is room in the budget for the bill. Senate Dembrow, the sponsor, said that he is confident that the bill will get out of Ways and Means and head to the Senate floor for a vote. ODA is also still convening meetings with the Canola Rules Advisory Committee (RAC) to work on an agency-led solution instead of a legislative mandate. We are attending the RAC meetings and tracking this issue closely. 

Photo by Raquel Pedrotti on Unsplash

Update on GE Liability Bill: HB 2882 has been scheduled for a Work Session at 1pm on April 3rd. This alone is a big win because the legislature is overwhelmed with thousands of bills and many pieces of legislation don’t make it though, regardless of their underlying merits. The Speaker of the House helped ensure the forward movement of the bill and we are appreciative of her support.

What will happen at the work session? This work session is different from a public hearing in that no testimony will be taken, although the public may attend if they like. The purpose of this work session is to simply move the bill from the Judiciary Committee to the Rules Committee where it will (hopefully) get a full hearing. That's where you come in!

What you can do: Please do make sure you've filled out our support form and let us know if you can be available to write testimony or testify in person once a hearing does get scheduled.

What this bill does: HB 2882 will create liability for patent holders or licensed manufacturers of genetically engineered products that cause GE contamination events in Oregon. The bill will not pit farmer against farmer. The parties that will be held responsible are the corporations behind genetic engineering, not the farmers who use them since in some instances, contamination is out of the hands of the farmer who planted the GE seed. GE contamination, and the threat of contamination, has cost farmers--including Oregon farmers--billions of dollars. 

What happened to SB 434? We introduced identical GE Liability bills in both the House and Senate—a slightly amended version of the bill that was introduced in 2017. We got off to a great start in terms of getting the bills drafted early and into committees in both chambers where they would have a chance. Because GE issues are incredibly contentious in Salem, some committees would be hostile to the bills and not take steps to move them forward.

We were repeatedly re-assured from our Chief Senate sponsor, Sen. Frederick, that the Chair of the Senate Judiciary Committee, Sen. Prozanski, would be scheduling a hearing. Sen. Prozanski even signed onto the bill and has long been a supporter of GE issues! However, last week Sen. Prozanski changed his mind because he is concerned that the bill could create negative, unintended legal consequences.

While it is disappointing that the Senate version is not moving forward, we still have the House version, and Sen. Prozanski committed to holding an Informational Hearing followed by a Work Group in the Senate because he does see the need to “draw a line in the sand” with GE issues but wants to make sure that he does so in a way that he is comfortable with. Our Chief Sponsor has gotten pieces of legislation out of Work Groups before, so ultimately, this is a step in the right direction. Sen. Prozanski said that he would schedule this hearing in late April or May so stay tuned.

It often takes multiple tries to get legislation passed, so while some of you may be feeling disappointed, we are still on a good track! We also found new Republican allies—Rep. Findley signed on and Rep. Stark is also supportive of the House version. We also are working with a new coalition partner, Oregon Organic Coalition, and through this relationship, we will be attending quarterly meetings at Oregon Department of Agriculture. These are really great developments.

What About Canola?
SB 885, which will address the sunset on the current limit of 500 acres of canola grown in the Willamette Valley, also has a work session scheduled on April 4th and we will know more after that time.