Our Fall Newsletter is here! -- with some minor corrections. If you're not on our mailing list yet, you can sign up here to start receiving our quarterly newsletter.

Date: 10/18/2017
Subject: News from Cultivate Oregon

Hello! It’s been awhile since you last heard from us, but Cultivate Oregon’s volunteer Steering Committee has been at work furthering our mission of championing regenerative agriculture and protecting traditional seeds from genetically engineered (GE) contamination. Below you’ll hear about what we’ve been up to and what we have planned. As we continue to grow we invite you to join us —we’re currently looking for additional volunteers and supporters. Feel free to be in touch or let us know that you want to volunteer at [email protected].

Legislative Update

Along with our coalition partners, Cultivate Oregon participated in the 2017 legislative session in Salem. The coalition put forth two pieces of legislation aimed to address GE issues—H.B. 2739, which also had a Senate version, S.B. 1037, and H.B. 2739. Thank you to those who responded to the action alerts that we sent out—especially those that sent in personal testimony and traveled to Salem with the coalition. We were recently reminded by a legislator that while form letters can be useful, personal constituent testimony is truly what makes a difference.

As some background, in 2014, voters in both Josephine and Jackson counties, by significant majorities, passed ballot measures to ban the cultivation of GE seeds. However, during the 2013 special summer session, Oregon legislators included the GE seed issue in legislation (S.B. 683) that was used as leverage to pass the “Grand Bargain” related to PERS (retirement) issues. As part of this political compromise, which was otherwise unrelated to agriculture, S.B. 683 put into place a statewide prohibition that prevents any county or local jurisdiction from regulating GE seeds. (If Multnomah County voted to ban the cultivation of GE seeds, it could not go into effect.)

The Jackson County vote was fortunately exempted from S.B. 683 because the ballot initiative was filed by January 13, 2013—a political carve out made during the bargaining process. But Josephine County wasn’t included, and as a result, the county’s 58% affirmative vote was barred from going into effect simply because their citizen’s initiative was filed at a later date.

The coalition decided to pursue a legislative fix.

H.B. 2739 and S.B. 1037, the “Local Control” bills, sought to overturn this preemption to correct the disenfranchisement of Josephine County voters, and restore the right of Oregon counties to make choices about their agricultural needs. While the bills were assigned to committees, Rules and Environment & Natural Resources respectively, they did not pass. Opponents declined to restore local control, nor honor the vote in Josephine County, because of concerns about a “patchwork” of regulations throughout the state. However, the same opponents have failed to support any meaningful advances to statewide regulation.

In light of this discrepancy—no local control and no statewide legislation—the coalition also sought to create independent protection from GE contamination for Oregon farmers.

The aim of H.B. 2739, the “Liability” bill, was to implement a mechanism to aid farmers whose crops become contaminated by GE technology. The first-of-its-kind bill sought to put the liability for GE contamination on the patent holder of the contaminating seed, not the farmer who planted it. Since Oregon has no statewide regulation of GE crops, and has disenfranchised all counties (except Jackson) from making decisions about GE farming, conventional and organic farmers whose crops are contaminated have no simple recourse. If an organic farmer’s crop is contaminated, it can no longer be sold, and most farmers cannot afford to pursue legal remedies for such harm. Further, since one-way GE contamination often cannot be eradicated, the harm to an organic farm can be permanent. H.B. 2739 also was assigned to committee, Rules, and received a hearing, but was never voted on and died at the end of the busy session.

The opposition purports that GE contamination is not an issue in Oregon, and therefore, until there is a problem, there is no need for liability. However, there have been instances of GE contamination in Oregon; wheat in 2013, as well as ongoing GE bentgrass contamination that is the result of an escape from a GE field trial. The bottom line is that GE farmers should not be able to contaminate other farms with impunity and we will continue to advocate for protections from GE contamination.

Events Update

• In addition to our legislative efforts, Cultivate Oregon hosted two events. In December we produced a Winter Solstice Square Dance in Hood River. The event built awareness around responsible food and farming and the importance of seed biodiversity. The event was sponsored by local farms and organic food companies. Diverse community members gathered to celebrate the winter solstice at the local Grange through community building and old timey rituals like dancing, breaking bread, and having fun! We hope to hold more events like this in the future.

• In July we offered a Winter Garden Seed Swap where we provided a fantastic selection of Oregon open-pollinated organic seeds, as well as homegrown seeds, geared towards winter gardens. We also had soil and plantable containers on hand so participants were able to get a jump-start on their cold weather sustenance. It was a lovely, sunny afternoon and we enjoyed hanging out with old friends and meeting new ones too.

• On September 13, Cultivate Oregon attended the Oregon Organic Coalition Awards for Excellence Luncheon where our friend and coalition member, Dr. Ray Seidler, was honored as Scientist of the Year! During the 1980s, Dr. Seidler was the Chief EPA scientist involved in monitoring the first ever microorganism GMO releases into the open environment. Since retiring, Dr. Seidler has presented numerous talks on health and environmental risk assessment issues pertaining to GE crops, impacts of pesticides on beneficial life forms and on endocrine disruptors. He has also testified many times before the Oregon legislature on bills impacting these subjects, and has also served as a scientific expert in legal matters involving GE issues. Cultivate Oregon is thankful that Dr. Seidler is committed to protecting organic farmers in Oregon.

• Cultivate Oregon attended the Earth Island Institute (EII) Project Directors Summit September 15-17 in the Marin Headlands, which was organized by our fiscal sponsor, EII. It was inspiring to be amidst over 70 non-profit projects, largely focused on environmental, social justice, and equity issues. We are continually grateful for the support and guidance that we receive from the EII community.

Upcoming Events

• Cultivate Oregon will be tabling at the Reverend Billy and the Stop Shopping Choir shows in Portland on October 6 and 7 at 7:30pm at The Old Church. Reverend Billy and the Stop Shopping Choir is a New York City-based radical performance community. They are anti-consumerist gospel shouters and Earth loving urban activists who have worked with communities all over the world defending community, life, and imagination. 
• Details will be forthcoming for a fall screening of SEED! – The Untold Story, in Portland, along with organic popcorn, hot cider, and more seed swapping
• Cultivate Oregon is also excited to be partnering with Jerry Hunter, Urban Agriculturalist of Multnomah County’s Office of Sustainability, to present on-farm events next season.
• Lastly, stay tuned for an updated website later this fall or early winter.

Thank you for reading and we look forward to connecting with you soon. Lastly, as part of our long-term planning, we are looking for grant and foundation money, and part of this process includes upgrading our website. Please consider make a small donation to help up with this project, as well as our legislative and event outreach. Donate here.

– The Cultivate Oregon Steering Committee

We have ONE WEEK to get this bill passed (HB 2739). Don't let it die before the legislative session is over on July 10th. Our representatives need to hear from us about why it's important to take action on this bill TODAY. We need you to take 5 minutes to send a few emails, make a few phone calls, and ask your friends to do the same. It's an easy task with a huge impact. Can you take 5 minutes to contact your reps RIGHT NOW? Instructions here: www.cultivateoregon.org/take_action

About HB 2739 - Over the past decade, repeated episodes of contamination by genetically engineered (GE) plants have cost U.S. farmers billions of dollars. The Legislature needs to act to:

• Hold patent holders responsible for contamination events — not pit farmer against farmer. HB 2739 will do so.

• Protect high-value crops in Oregon, such as specialty seed, wheat and alfalfa, which have been put at significant risk by GE contamination.

• Protect communities from the unwanted presence of invasive GE weeds, such as Creeping Bentgrass, now de-regulated and spreading in Malheur and Jefferson counties.

The text of HB 2739 can be found here: https://olis.leg.state.or.us/liz/2017R1/Measures/Overview/HB2739

Must read! This powerful letter to the editor from Malheur County Farmer, Jerry Erstrom, was just published in the Capital Press. Erstrom argues in favor of HB 2739, and highlights the real-time need for protection from GE contamination in Oregon. He also points out that those opposing the bill are (not surprisingly) funded by Monsanto and other Big Ag chemical companies, and are (not surprisingly) using the same old "sky is falling" talking points that we hear all the time when anyone tries to regulate or label GMOs. 

I am a farmer in Malheur County, Ore., where I grow seed crops (including non-GE alfalfa), vegetables, and Roundup Ready field corn.

I am not opposed to genetically engineered crops, but as a farmer of some non-GE varieties and after my experience with GE contamination in my alfalfa seed production and with the GE creeping bentgrass escape, I am a supporter of making the right people accountable if crops are damaged. That is why I support HB 2739.

As the chairman of the Malheur County Weed Board, I’ve had a front row seat to the damage caused by Roundup Ready GE bentgrass, which spreads easily on the wind and through water, infesting irrigation ditches and cross-pollinating with wild relatives.

Because USDA let Scotts and Monsanto off the hook for cleaning up their mess in 2015, the burden is now on farmers and landowners to deal with this infestation. And that’s not cheap: Before 2015, Scotts was spending $250-350k a year to find and treat GE bentgrass.

I’m concerned for my crops, as the value would plummet if I am contaminated with GE traits. If my crop, or say a grass seed crop in the Grass Seed Capital of the World, is damaged, isn’t it fair that the company who made that GE trait pay compensation?

The opponents of HB 2739 say the sky will fall if HB 2739 is passed, with outlandish predictions like the end to all sales of GE seeds in Oregon or all innovation of new varieties. That is ridiculous — there is no way this bill would stop the sales or production of Roundup Ready crop varieties, they are just too lucrative for the companies making and selling them.

Why would groups like the Oregon Farm Bureau, Oregonians for Food and Shelter, and even OSU say such things? The answer is clear when you look at who finances these organizations: They all get funding from Monsanto and/or other Big Ag chemical companies. So that is who they represent, not farmers like me.

Jerry Erstrom

Vale, Ore.

Read Full Article >>

Photo from Wikimedia Commons.

The amendment would also ensure that patent holders cannot transfer liability to farmers who cultivate GMOs, though they could transfer liability to seed companies.

"It's putting the onus on the producers and people who sell these crops rather that grow them," said Amy van Saun, an attorney with the Center for Food Safety, a non-profit that supports HB 2739.

By making patent holders liable for unwanted GMO presence — either through cross-pollination or seed dispersal — the bill reduces potential conflicts among farmers, said Elise Higley, executive director of the Our Family Farms Coalition, which supports HB 2739.

"We don't believe the GE farmer should be held responsible when they follow all the rules," Higley said during a May 23 legislative hearing.

Biotech crops have "tracer genes" to identify patent holders, eliminating confusion about the source of an unwanted GMO, she said. "There's no arguing about it. It's just black and white science."

Critics of HB 2739 believe the underlying goal of the proposal is to stop production of GMOs in Oregon.

For developers of genetically engineered crops, the risk of lawsuits would likely outweigh the benefits of licensing biotech traits to growers in the state, opponents say.

Read Full Article >>

URGENT! HB 2739 Protect Oregon’s Agriculture - Hearing scheduled at 3:00 pm on Tuesday, May 23rd in the Capitol in Salem – HR 50. TAKE ACTION! Write, call, show up in person. Details below...

Over the past decade, repeated episodes of contamination by genetically engineered plants have cost U.S. farmers billions of dollars. The Legislature needs to act to:

• Hold patent holders responsible for contamination events — not pit farmer against farmer.
• Protect high-value crops in Oregon, such as specialty seed, wheat and alfalfa, which have been put at significant risk by GE contamination.
• Protect communities from the unwanted presence of invasive GE weeds, such as Creeping Bentgrass, now de-regulated and spreading in Malheur and Jefferson counties.

HB 2739 survived the deadline! Biotech patent holders would be legally responsible for losses caused by their genetically engineered crops in Oregon if this bill is passed.

Read the full text of HB 2739, and stay updated on it's progress here: Oregon State Legislature | HB 2739

SALEM — Biotech patent holders would be legally responsible for losses caused by their genetically engineered crops in Oregon under a bill that's survived a crucial legislative deadline.

House Bill 2739 would allow landowners to sue biotech patent holders for the unwanted presence of genetically modified organisms, or GMOs, on their land.

The bill has now been referred to the House Rules Committee, which isn't subject to an April 18 legislative deadline that recently killed other proposals.

The move could effectively allows HB 2739 to stay alive through the end of the 2017 legislative session, scheduled to end in late June.

Read Full Article >>

Two bills that would have allowed local governments in Oregon to regulate genetically engineered crops have both died in the legislature.

Lawmakers prohibited most local governments from restricting seed in 2013, but Senate Bill 1037 and House Bill 2469 would have exempted genetically modified organisms, or GMOs, from that statewide pre-emption law.

Sen. Michael Dembrow, D-Portland, said he’s decided to let SB 1037 die during the April 13 meeting of the Senate Environment and Natural Resources Committee, which he chairs.

A legislative deadline previously killed HB 2469 in the House Agriculture and Natural Resources Committee.

There are still too many looming questions about the extent of cross-pollination from GMOs and the efficacy of mediation aimed at promoting coexistence, Dembrow said.

“I want to get a sense if there are problems with contamination or if there are problems with the mediation process,” he said.

Read Full Article >>

4/12/2017 | On April 12th, we joined friends and local Oregon farmers at the Capital for a hearing on Senate Bill (SB) 1037.

SB 1037 would restore counties' rights to protect local farmers' crops from harmful effects of GE crops. These rights were stripped in the 2013 special session with the passage of SB 863 (replacing SB 633) which created statewide preemption, prohibiting Oregon county and city governments from passing measures regulating the use of seed.

Passage of SB 1037 would provide a legislative fix for Josephine County and protect their GE crop ban passed in 2014 (Measure 17-58). Jackson County also passed a GE crop ban (Measure 15-119), but was not effected by the statewide preemption.

If this bill passes, Josephine County can join Jackson County in protecting their farmers and seeds from GE contamination, and would make Josephine County the 9th GE FREE ZONE in the United States.

Stay tuned for more updates, news, and insights from us and our friends. We also want to send a huge thank you to everyone that showed up at the hearing, submitted testimony, and shared our actions! Every little part you do makes a huge difference! Our Family Farms, Center for Food Safety, Friends of Family Farmers, Oregonians for Safe Farms and Families.

Photo courtesy of Mary Middleton

Oregon lawmakers are considering a bill that would let farmers sue Monsanto, Scotts Miracle-Gro and other companies that hold patents on genetically engineered seeds if crops grown from those seeds contaminate traditional or organic crops.

Cross-contamination from GE crops can make other crops worthless, and can ruin seed lines that have taken decades to develop, farmers told the House Judiciary Committee on Thursday.

Genetically engineered crops also can escape their fields and become pests that are hard to eradicate – something that’s happened with Scotts’ genetically modified bentgrass, which now threatens Oregon’s billion-dollar grass seed industry.

“Where there is harm or damage, there needs to be a remedy,” said Sandra Bishop of Our Family Farms, a Medford-based nonprofit that advocates for traditional seed crops.

House Bill 2739 would allow landowners to seek three times actual economic damages if GE organisms are present on their land without permission.

It also would allow individuals to sue the corporations if GE organisms are found on land owned or occupied by a public body, such as a park, in the area where they live.

Opponents said allowing such lawsuits would stifle innovation.

Read Full Article >>