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Oregon Measure 92, Mandatory Labeling of GMOs Initiative (2014)

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Measure 92
Flag of Oregon.png
TypeInitiated state statute
OriginCitizens
TopicBusiness regulation
StatusDefeated Defeatedd
2014 measures
Seal of Oregon.png
November 4
Meausre 86 Defeatedd
Measure 87 Approveda
Measure 88 Defeatedd
Measure 89 Approveda
Measure 90 Defeatedd
Measure 91 Approveda
Measure 92 Defeatedd
Endorsements
PollsExpenditures
Local measures

The Oregon Mandatory Labeling of GMOs Initiative, Measure 92 was on the November 4, 2014 statewide ballot in Oregon as an initiated state statute, where it was defeated. The measure would have mandated the labeling of certain foodstuffs that were produced with or contained genetically modified organisms. The measure was sponsored by the group Oregon GMO Right to Know.[1]

Aftermath

Because the measure was initially defeated by a mere 802 votes, a recount was held, as the margin of defeat was less than the 0.2 percent margin that automatically triggers a recount under Oregon law.[2] As the recount neared its conclusion, it became clear that the margin of defeat was not going to change significantly. Supporters of the measure filed a lawsuit challenging the method used by elections officials to ensure signatures on ballot measure envelopes were not fraudulent. The lawsuit was attempting to force officials to count 4,600 ballots that were disqualified because "signatures on the vote-by-mail envelopes didn’t match those on registration cards." The lawsuit was also seeking to prevent the certification of the election results.[3] A judge decided not to halt the recount, and the measure was ultimately defeated upon the conclusion of the recount.[4][5]

Election results

Below are the official, certified election results:
Recount:

Oregon Measure 92
ResultVotesPercentage
Defeatedd No753,57450.03%
Yes 752,737 49.97%

Election results via: Oregon Secretary of State

Initial count:

Oregon Measure 92
ResultVotesPercentage
Defeatedd No753,48950.03%
Yes 752,687 49.97%

Election results via: Oregon Secretary of State

Text of measure

Ballot title

The certified ballot title read as follows:[6]

Requires food manufacturers, retailers to label
"genetically engineered" foods as such; state, citizens may enforce
 

Result of “Yes” Vote: “Yes” vote requires the labeling of raw and packaged foods produced entirely or partially by “genetic engineering,” effective January 2016; applies to retailers, suppliers, manufacturers.

Result of “No” Vote: “No” vote retains existing law, which does not require “genetically engineered” food to be labeled as such.

Summary: Current law does not require labeling of “genetically engineered” food. Measure requires retailers of genetically-engineered raw food to include “Genetically Engineered” on packages, display bins, or shelves; suppliers must label shipping containers. Requires manufacturers of packaged food produced entirely or partially by genetic engineering to include “Produced with Genetic Engineering” or “Partially Produced with Genetic Engineering” on packages. Defines genetically engineered" food as food produced from organisms with genetic material changed through in vitro nucleic acid techniques and certain cell-fusing techniques; exempts traditional plant-breeding techniques like hybridization. Does not apply to animal feed or food served in restaurants. Directs agencies to implement law. Permits state, injured citizen to sue manufacturer, retailer for knowing/intentional violation; attorney fees for prevailing citizen. Other provisions.[7]

Full text

The full text of the measure was as follows:[8]

Section 1. Findings and Declarations

(1) Oregon consumers have the right to know whether the foods they purchased were produced with genetic engineering so they can make informed purchasing decisions. Labeling is necessary to ensure that Oregon consumers are fully and reliably informed about the products they purchase and consume. Labels provide informed consent and prevent consumer deception. Polls consistently show that the vast majority of the public wants to know if its food was produced with genetic engineering, for a variety of reasons.

(2) For multiple health, personal, economic, environmental , religious, and cultural reasons, the State of Oregon finds that food produced with genetic engineering should be labeled as such, as evidenced by the following.

(3) In the United States, there is currently no federal or Oregon State requirement that genetically engineered foods be labeled. In contrast, sixty-four countries, including Japan, South Korea, China, Australia, Russia, India, the European Union member states, and other key U.S. trading partners already have laws mandating disclosure of genetically engineered foods on food labels. In 2011, Codex Alimentarius, the food standards organization of the United Nations, stated that governments are free to decide on whether and how to label foods produced with genetic engineering.

(4) The U.S. Food and Drug Administration (FDA) does not require or conduct safety studies of genetically engineered foods. Instead, any safety consultations are voluntary, and genetically engineered food developers may decide what information to provide to the agency. Market approval of genetically engineered food is based on industry research alone. There have been no long-term or epidemiological studies in the U.S. that examine the safety of human consumption of genetically engineered foods.

(5) The genetic engineering of plants and animals often causes unintended consequences. Manipulating genes via genetic engineering and inserting them into organisms is an imprecise process. The results are not always predictable or controllable. Mixing plant, animal, bacterial and viral genes through genetic engineering in combinations that cannot occur in nature may produce results that lead to adverse health or environmental consequences.

(6) U.S. government scientists have stated that the artificial insertion of genetic materials into plants via genetic engineering can cause a variety of significant problems with plant foods. Such genetic engineering may increase the levels of known toxicants or allergens in foods and create new toxicants or allergens with consequent health concerns.

(7) Independent scientists are limited from conducting safety and risk-assessment research of genetically engineered materials used in food products due to industry restrictions on research of genetically engineered materials used in food products.

(8) Mandatory identification of foods produced with genetic engineering can provide a method for detecting, at a large epidemiological scale, the potential health effects of consuming such foods.

(9) Without mandatory disclosure, consumers of genetically engineered food may unknowingly violate their dietary and religious beliefs.

(10) Numerous foreign markets with restrictions on foods produced with genetic engineering have restricted imports of U.S. crops due to concerns about genetic engineering. Some foreign markets are choosing to purchase agricultural products from countries other than the U.S. because genetically engineered crops are not identified in the U.S., which makes it impossible for buyers to determine what does or does not meet their national labeling laws or restrictions and thus renders U.S. products less desirable.

(11) Mandatory identification of foods produced with genetic engineering can be a critical method of preserving the economic value of exports or domestically sensitive markets with restrictions on, or prohibitions against, genetic engineering.

(12) Oregon's agricultural economy is remarkably diverse, third overall among the states. Two hundred twenty-five agricultural commodities are produced in Oregon, and the state is the top producer nationally of 14 of those. Over 80 percent of Oregon's agricultural products are exported out of the state, and agricultural products rank second in value among Oregon's exports. Preserving the identity, quality, and reliability of Oregon's agricultural products and exports is critical to Oregon's economic well-being.

(13) The organic food industry is a rapidly growing industry, with 2.7 billion dollars in growth in 2012. While total U.S. food sales grew at a rate of 3.7 percent, the organic food industry grew at a rate of 10.2 percent in 2012, accounting for 31.5 billion dollars in sales. Sales of organic fruits and vegetables account for 43 percent of those new dollars, 34.8 percent of total organic food sales, and 10.3 percent of all U.S. fruit and vegetable sales. Organic dairy grew at a rate of 7.1 percent in 2012 and comprises over 6 percent of the total U.S. dairy market. Trade industry data shows that, over the long term, organic farming is more profitable and economically secure than conventional farming. Organic farmers are prohibited from using genetically engineered seeds. Nonetheless, organic crops are routinely threatened with transgenic contamination from neighboring fields of genetically engineered crops. The risk of contamination can erode public confidence in organic products, significantly undermining the job-creating, economy-boosting growth of the organic market. Requiring the labeling of foods produced through genetic engineering will help protect organics nationwide by increasing identification of genetically engineered foods through the food production process, thereby reducing the risk of contamination.

(14) U.S. Department of Agriculture (USDA) data shows that Oregon ranks 3rd in organic farm-gate sales at $233 million a year. This important element of Oregon'e economy must be protected. Foods identified as non-genetically engineered constitute the fastest growing market segment in agriculture. However, only a small portion of the food industry participates in voluntary labeling of foods claimed not to be the product of genetic engineering. Nor are there consistent standards for such labeling, or for enforcement of voluntary labels. As such, voluntary labels are insufficient to provide consumers with adequate information on whether or not the food they are purchasing was produced with genetic engineering and may be misleading.

(15) Requiring that foods produced through genetic engineering be labeled as such will create additional market opportunities for producers who are not certified as organic and whose products are not produced through genetic engineering. Such additional market opportunities will also contribute to vibrant and diversified agricultural communities.

(16) The cultivation of genetically engineered crops can have serious effects on the environment. For example, in 2013, 93 percent of all soy grown in the U.S. was engineered to be herbicide resistance. In fact, the vast majority of genetically engineered crops are designed to withstand herbicides, and therefore promote indiscriminate herbicide use. As a result, genetically engineered, herbicide resistant crops have caused 527 million pounds of additional herbicides to be applied to the nation's farmland. These toxic herbicides damage the vitality and quality of our soil, harm wildlife, contaminate our drinking water, and pose health risks to consumers and farmworkers. Further, because of the consequent massive increase in the use of herbicides, herbicide-resistant weeds have developed and flourished, infesting farm fields and roadsides, complicating weed control for farmers, and causing farmers to resort to more and increasingly toxic herbicides.

(17) The people of Oregon should have the choice to avoid purchasing foods produced in ways that can lead to such environmental harm.

(18) Because neither the FDA nor the U.S. Congress requires the labeling of food produced with genetic engineering, the State should require foods produced with genetic engineering to be labeled as such in order to serve the interests of the State, prevent consumer deception, prevent potential risks to human health, promote food safety, protect cultural and religious practices, protect the environment, and promote economic development.

Section 2. Statement of Purpose

(1) The Genetically Engineered Raw and Packaged Food Labeling Act would result in establishing a consistent and enforceable standard for labeling foods produced using genetic engineering, and thus provide the citizens of Oregon with knowledge of how their food is produced.

(2) The purposes of this Act are:

a. Public health and food safety. Promote food safety and protect public health by enabling consumers to avoid potential risks associated with genetically engineered foods, and serve as a risk management tool enabling consumers, physicians, and scientists to identify unintended health effects resulting from consumption of genetically engineered foods.
b. Environmental impacts. Assist consumers who are concerned about the potential effects of genetic engineering on the environment to make informed purchasing decisions.
c. Consumer confusion and deception. Reduce and prevent consumer confusion and deception and promote the disclosure of factual information on food labels to allow consumers to make informed decisions.
d. Promoting and protecting economic development. Create and protect non-genetically engineered markets and enable consumers to make informed purchasing decisions.
e. Protecting religious and cultural practice. Provide consumers with data from which they may make informed decisions for personal, religious, moral, cultural, or ethical reasons.

(3) This law shall be liberally construed to fulfill these purposes.

Section 3. Definitions

(1) As used in this Act, except as otherwise provided, terms shall have the meaning given to them in ORS Title 49, Chapter 616, except that the term "food" shall include food only for human consumption and not any food for consumption by animals.

(2) "Raw food" shall have the same meaning as raw agricultural commodity as defined in ORS 616.205(17).

(3) "Packaged food" means any food offered for retail sale in Oregon, other than raw food and food served, sold or provided ready to eat in any bake sale, restaurant, or cafeteria, and that is already otherwise subject to the provisions of ORS 616.250 prohibiting misbranding.

(4) "Genetically engineered" means produced from an organism or organisms in which the genetic material has been changed through the application of:

(a) In vitro nucleic acid techniques which include, but are not limited to, recombinant deoxyribonucleic acid (DNA) or ribonucleic acid (RNA), direct injection of nucleic acid into cells or organelles, encapsulation, gene deletion, and doubling; or
(b) Methods of fusing cells beyond the taxonomic family that overcame natural physiological, reproductive, or recombination barriers, and that are not techniques used in traditional breeding and selection such as conjugation, transduction, and hybridization.
For purposes of this definition: "In vitro nucleic acid techniques" include, but are not limited to, recombinant DNA or RNA techniques that use vector systems; techniques involving the direct introduction into the organisms of hereditary materials prepared outside the organisms such as biolistics, microinjection, macro-injection, chemoporation, electroporation, microencapsulation, and liposome fusion.

Section 4. Labeling of Genetically Engineered Raw and Packaged Foods

Commencing January 1, 2016, all raw food and packaged food that is entirely or partially produced with genetic engineering must be labeled in accordance with the provisions of this Act and is otherwise misbranded if that fact is not disclosed.

Section 5. Means of Labeling

(1) In the case of raw food packaged for retail sale, the manufacturer shall include the words "Genetically Engineered" clearly and conspicuously on the front or back of the package of such commodity. In the case of raw agricultural commodities that are not separately packaged or labeled, the retailer shall place a clear and conspicuous label on the retail store shelf or bin in which such commodity is displayed for sale.

(2) To make clear who is responsible for compliance with the requirements of this section, in the case of raw food, the retailer is responsible only for point of purchase shelf labeling. The supplier must label each container used for packaging, holding, and/or transporting any raw food produced with genetic engineering that is delivered directly to Oregon retailers.

(3) In the case of any packaged food containing some products of genetic engineering, the manufacturer must label the product in clear and conspicuous language on the front or back of the package of such food product with the words "Produced with Genetic Engineering" or "Partially Produced with Genetic Engineering."

(4) This law shall not be construed to require either the listing or identification of any ingredient or ingredients that were genetically engineering or that the term "genetically engineered" be placed immediately preceding any common name or primary product descriptor of a food.

Section 6. Enforcement

(1) The Attorney General may bring an action to enjoin a violation of this Act in any court of competent jurisdiction.

(2) Any injured citizen of Oregon acting in the public interest may bring an action to enjoin a violation of this Act by a manufacturer or retailer, in any court of competent jurisdiction, if the action is commenced more than sixty (60) days after the citizen has given notice of the alleged violated to the Attorney General and to the alleged violator. The court may, in such an action, award to a citizen who is a prevailing plaintiff reasonable attorneys' fees and costs incurred in investigating and prosecuting the action, but the court may not award any monetary damages.

(3) No person shall be subject to an injunction or responsible for payment of prevailing party attorneys' fees for failure to label any food if (a) in the case of packaged food, the materials produced through genetic engineering do not account for more than nine tenths of one percent of the total weight of the packaged food; or (b) the food has not been produced with the knowing or intentional use of genetic engineering.

(4) For purposes of this Act, food will be considered not to have been produced with the knowing or intentional use of genetic engineering if:

(a) such food is lawfully certified to be labeled, marketed, and offered for sale as "organic" pursuant to the federal Organic Foods Production Act of 1990, 7 U.S.C. §§ 6501 et seq., which already prohibits genetic engineering of foods;
(b) in the case of a manufacturer or retailer obligated to label any food under this Act, if such entity has obtained from whoever sold that food to them a sworn statement that the food has not been knowingly or intentionally genetically engineered and has been segregated from, and not knowingly or intentionally commingled with, foods that may have been genetically engineered at any time. In providing such a sworn statement, a manufacturer or retailer may rely on a sworn statement from a supplier that contains such an affirmation; or
(c) an independent organization has determined that the food has not been knowingly or intentionally genetically engineered and has been segregated from, and not knowingly or intentionally commingled with, foods that may have been genetically engineered at any time, if such a determination has been made pursuant to a sampling and testing procedure (i) consistent with sampling and testing principles recommended by internationally recognized standards organizations and (ii) which does not rely on testing processed foods in which no DNA is detectable.

(5) Unless the retailer is also the producer or the manufacturer of the food and sells the food under a brand it owns, no act or omission or any retailer shall be found to be a violation of this Act except for knowing and willful failure to provide point of purchase labeling for unpackaged raw agricultural commodities. In any action in which it is alleged that a retailer has violated the provisions of this section, it shall be a defense that such retailer reasonably relied on (a) any disclosure whether a food was produced through genetic engineering contained in the bill of sale or invoice provided by the wholesaler or distributor or (b) the lack of such disclosure.

(6) No action may be brought against any farmer for any violation of any provision of this Act unless such farmer is also a retailer or manufacturer, but any farmer submitting a false sworn statement under subsection (4) of this section shall be subject to the general laws of the state pertaining to perjury.

(7) The State Department of Agriculture and/or the Oregon Health Authority shall prescribe, enact, and enforce rules necessary to implement this Act. The Department and Authority are not authorized to exempt from the requirements of Section 4 of this Act any food product that is made subject to those requirements by the provisions of this Act. The Department and/or Authority may by regulation provide that a person may be subject to an injunction and prevailing party attorneys' fees under this Act for failure to label packaged food described in subsection 3(a) of this Section 6 at such time as the Department and/or Authority determine that the commercial availability of relevant materials not produced with genetic engineering make it economically and commercially practicable to apply to labeling requirements of this Act to such packaged food.

Section 7. Severability

If any part or application of this Act is held invalid with respect to any particular raw or packaged food, situation, or entity, the remainder of this Act or its application to all other raw and packaged foods, situations, and entities shall not be affected.[7]

Background

Efforts for required labeling and bans of genetically modified organisms (GMOs) have been a growing issue in American politics at the state and local level. More than a million people signed a petition to the Food and Drug Administration asking it to label GMOs, which was the most signatures for any petition in the agency’s history. Similar labeling measures failed in California in 2012 and Washington in 2013. As of May 14, 2014, there were 84 bills in 29 states regarding the labeling of GMOs. In 2014, Vermont became the first state in the country to require labeling of GMOs. Maine and Connecticut also passed labeling measures, but those were designed not to take effect until several neighboring states also adopt such measures. Arizona, Colorado and Oregon all had signature-gathering efforts for initiatives designed to be on the 2014 ballot.[9][10] Colorado voters also weighed in on GMO labeling during the November 2014 election via Proposition 105, which was also defeated.

Support

Oregon GMO Right to Know logo.PNG

The measure was sponsored by the group Oregon GMO Right to Know.

Supporters

Officials

Organizations

  • Oregon GMO Right to Know
  • GMO Free Oregon
  • OSPIRG Action
  • Vote Yes on Measure 92: We have the right to know what's in our food
  • Consumers Union
  • Food & Water Watch
  • Center for Food Safety
  • Committee for Oregon's Right to Know

Michael Hansen of the Consumers Union: Label GMOs in Oregon, Vote Yes on 92!

Businesses

Arguments

The group Oregon Right to Know gave the following as an argument in favor of Measure 92:[13]

We have a right to know important information about the food we eat and feed our families – such as sugar and sodium levels, whether flavors are natural or artificial, and if fish is wild or farm-raised. We should also have the right to choose whether we want to buy and eat genetically modified (GMO) food, just like 64 other countries already do.

Labeling GMO foods would assist shoppers who are concerned about the potential effects of increased pesticides and herbicides to make informed purchasing decisions at the store.

The Oregon Right to Know initiative is about transparency and empowering shoppers. This is not a ban on genetically modified food and this is not a debate on the science. It’s about consumers getting the information we need to make our own decisions about the food we feed our families. Give us the information and we will make our own decisions. [7]

The Oregon League of Women Voters listed the following as arguments in favor of Measure 92:[14]

  • U.S. food manufacturers already label GMO food they distribute to 64 countries. Oregon consumers have the right to know whether the foods they select are genetically engineered so they can make informed purchasing decisions.
  • Labeling GMO foods would allow for greater transparency and consumer protection.
  • There is mounting evidence that the use of GMO crops has contributed to the growth of herbicide-resistant "superweeds" and increased the use of herbicides.
  • Consumers Union, the policy arm of Consumer Reports, has determined that GMO labeling won’t increase food costs and has endorsed Measure 92.

[7]

Campaign contributions

Oregon GMO Right to Know registered as a supporting committee for this initiative on February 28, 2014.[15] Another committee formed to support another version of an initiative requiring labeling of GMOs, Committee for Oregon's Right to Know, which gave its remaining funds to Oregon GMO Right to Know's committee on April 4, 2014. The information below was current as of December 1, 2014.[16][17][18][19][20][21][22][23]

Petition committee and PAC info:

Committee or PAC Amount raised Amount spent
Vote Yes on Measure 92 $9,112,288.00 $8,710,855.59
Oregon GMO Right to Know $1,511,044.92 $1,595,813.78
OSPIRG Action (PAC) $495,482.84 $499,117.70
Committee for Oregon's Right to Know $112,000.00 $112,000.00
Oregonians for Safe Farms & Families $25,938.89 $25,919.54
Total $11,256,754.65 $10,943,706.61
Total campaign cash Campaign Finance Ballotpedia.png
as of December 1, 2014
Category:Ballot measure endorsements Support: $11,256,754.65
Circle thumbs down.png Opposition: $20,881,101.73

Top 5 contributors:
The following were the top five contributors to Oregon GMO Right to Know, as of December 1, 2014. The top five, Dr. Bronner's Magic Soaps, Center for Food Safety Action Fund, Mercola.com Health Resources LLC, Organic Consumers Fund and Tom Hormel, were all out-of-state contributors.[16]

Donor Amount
Dr. Bronner's Magic Soaps $2,172,634.81
Center for Food Safety Action Fund $1,228,000.00
Mercola.com Health Resources LLC $1,050,000.00
Organic Consumer's Fund $680,000.00
Tom Hormel $500,000.00

Opposition

Oregonians for Food and Shelter logo.jpg

NO on 92 Coalition was the primary opponent of this initiative. One of its directors, Scott Dahlman, was also the executive director of Oregonians for Food and Shelter. That organization advocates for "the right to responsibly use pesticides and biotechnology." The group has also been linked to the agribusinesses Monsanto and Syngenta.[24]

Opponents


Citizens Panel, NO on 92 Coalition

Organizations

  • NO on 92 Coalition
  • Oregonians for Food & Shelter (OFS)
  • Kellogg Co.[25]
  • Monsanto
  • American Association for the Advancement of Science

Individuals

  • Scott Dahlman, Executive Director of OFS
  • Michael Gruber, Vice President of Federal Affairs for the Grocery Manufacturers Association (GMA)

Arguments

The NO on 92 Coalition website listed the following as some of the arguments against Measure 92:[26]

Measure 92 would mandate a whole separate food labeling system just for Oregon that conflicts with existing nationwide labeling regulations and that would only exist in our state.

That would require farmers and food producers in Oregon and throughout the country to separate, repackage and relabel their products and ingredients just for our state, unless they are specially remade with higher priced, organic or non-GMO ingredients. Several recent economic studies indicate that this would cost farmers, food producers, food manufacturers and distributors hundreds of millions of dollars — and ultimately increase grocery bills for Oregon families by hundreds of dollars per year.

Measure 92’s complex requirements and exemptions are so badly written they do not provide consumers with reliable information about which foods contain GMOs and which do not. Under Measure 92, thousands of food products would be required to be labeled “genetically engineered” — even if they’re not. Thousands of other foods would be exempt from labeling even if they do contain or are made with GMO ingredients.

Measure 92 arbitrarily exempts from its labeling requirements two-thirds of the foods we buy — even if they are made with or contain GMOs. For example, under Measure 92 meat and dairy products would be exempt from labeling, even if they come from animals raised on genetically engineered feed or injected with GE medications. This conflicts with existing national labeling standards for “organic” and “non-GMO” labels for these products.

Measure 92 also exempts restaurant foods, alcoholic beverages, foods and beverages sold “ready to eat,” foods in school and hospital cafeterias, and many other food products.

And Measure 92 will not tell consumers which ingredients in food products are GMOs or how much of the product is made of GMO ingredients, if any.

Measure 92 would create two new state bureaucracies to enforce and implement its costly regulations. Two separate state agencies would be responsible for writing regulations for our state government to enforce these Oregon-only labeling regulations on thousands of food products at thousands of stores statewide. The Oregon Department of Administrative Services staff estimated that inspection programs to enforce Measure 92 would cost taxpayers more than $14 million every budget cycle. And Measure 92 doesn’t provide any funding source or set any limit on how much these new bureaucracies would cost taxpayers.

Moreover, Measure 92 would give trial lawyers a special new right to sue food producers and store owners — or any farmer who operates a farm stand or makes food products — over the wording on food labels. That would create an incentive for shakedown lawsuits that would cost farmers, businesses and our court system millions more.

Measure 92 conflicts with existing nationwide labeling standards that already provide consumers a more reliable way to choose foods made without GMO ingredients. Foods labeled “organic” or “non-GMO” are made without GMO ingredients and follow national labeling standards to provide a reliable way for consumers to choose these foods if that is what they prefer. Measure 92 conflicts with these national labeling standards. [7]

The Oregon League of Women Voters listed the following as arguments in opposition to Measure 92:[14]

  • Measure 92 won’t give consumers reliable information about which foods contain GMOs and which don’t. Some foods would be labeled “genetically engineered” even if they’re not. For example, packaged food containing sugar derived from GE sugar beets or oil from GE soybeans have zero GE content, yet must be labeled “genetically engineered.” Some products would have to be labeled to avoid liability if producers couldn’t provide documentation for all ingredient sources.
  • Measure 92 won’t tell consumers which ingredients in a product are GMOs, how much of the product is GMO, or the purpose of the genetic modification.
  • Existing nationwide labeling systems already give consumers a more reliable way to choose foods made without GMOs by choosing “organic” or “non-GMO” labels.
  • Measure 92 would increase food costs for Oregonians, hurt family farmers and small businesses, and increase costs to taxpayers.

[7]

Campaign contributions

NO on 92 Coalition was the only political action committee (PAC) registered opposing Measure 92 as of August 1, 2014. The group set a new record for the most money ever raised in the state by one side of a ballot measure campaign. Measure 92 also became the most expensive ballot measure in the state's history, as of 2014, bringing in over $30 million. The information below was current as of December 1, 2014.[27][28][29][30]

Petition committee and PAC info:

Committee or PAC Amount raised Amount spent
Vote No on 92 Coalition $20,881,101.73 $20,477,544.17
Total $20,881,101.73 $20,477,544.17

Top 5 contributors:
The following were the top five contributors to Oregon GMO Right to Know, as of December 1, 2014. The top five, DuPont Pioneer, Monsanto, PepsiCo, Inc., Coca-Cola and DOW AgroSciences LLC, were all out-of-state contributors.[16]

Donor Amount
Monsanto $5,958,750
DuPont Pioneer $4,518,150
PepsiCo, Inc. $2,350,000
Coca-Cola $1,170,000
DOW AgroSciences LLC $1,157,150

Reports and analyses

ECONorthwest

ECONorthwest, a "consulting firm specializing in economics, finance, and planning," was contracted by Consumers Union to compile "a review of published research on the cost of labeling foods containing genetically engineered ingredients."[31][32] ECONorthwest reviewed "assessments of the cost impact of state ballot initiatives similar to Oregon’s Ballot Measure 92, and the European Union’s GE labeling regime, as well as the United States Food and Drug Administration labeling cost model, and academic studies of the global impacts of GE agricultural products." Following a review, the firm concluded:

We concluded that the median cost of labeling in the studies that provided relevant models was $2.30 per person per year. Relevant cost estimates presented in the studies we reviewed ranged from $.32 to $15.01.

[7]

—ECONorthwest[32]

ECONorthwest explained why different researchers come to different conclusions. Different economists look at different variables and sometimes have different assumptions about those variables. Some researchers assume manufacturers would pass 100 percent of increased expenses onto consumers, while others assume different percentages. Others speculate on "consumer behavioral changes" and "other matters not directly related to the cost of designing and labeling a product as containing a GE ingredients."[32]

The full literature review can be read here.

Healthcare Triage discusses research on GMOs.

AAAS statement on GMOs

According to the American Association for the Advancement of Science (AAAS), "crop improvement by the modern molecular techniques of biotechnology is safe." They said further,

As a result and contrary to popular misconceptions, GM crops are the most extensively tested crops ever added to our food supply. There are occasional claims that feeding GM foods to animals causes aberrations ranging from digestive disorders, to sterility, tumors and premature death. Although such claims are often sensationalized and receive a great deal of media attention, none have stood up to rigorous scientific scrutiny. Indeed, a recent review of a dozen well-designed long-term animal feeding studies comparing GM and non-GM potatoes, soy, rice, corn and triticale found that the GM and their non-GM counterparts are nutritionally equivalent. [7]

—AAAS

[33]

Read the full statement here.

Ahmed (2002)

A 2002 paper by Farid E. Ahmed discussed the possible techniques and difficulties facing GMO detection. Ahmed's discussion grew out of the need for testing methods given the growing desire and actual requirement for GMO labeling. The author described two main types of testing for GMO presence: "testing for the presence of introduced DNA" or tests to detect "expressed novel proteins encoded by the genetic material."[34]

In the paper, Ahmed proposed a tiered system for GMO detection in the European Union's system. The author also discussed some of the problems facing DNA testing methods. For example, the author noted:

The greatest uncertainty of using DNA-based assays, as for protein-based methods, is that not all products derived from GM foods (e.g. refined oil) contain enough DNA. In addition, heating and other processes associated with food production can degrade DNA.[7]
—Farid E. Ahmed[34]
Read the full paper here.

Media editorial positions

See also: Endorsements of Oregon ballot measures, 2014

Support

  • The Mail Tribune said,
Ballot Measure 92 appears to be a carefully worded initiative that simply requires food manufacturers to provide consumers basic information about what's in their products. We recommend a yes vote. [7]
Mail Tribune[35]
  • The Register-Guard said,
The Portland City Club reviewed and endorsed Measure 92. An impressive list of political supporters includes Democratic Gov. John Kitzhaber and his Republican opponent, state Rep. Dennis Richardson, as well as U.S. Rep. Peter DeFazio, D-Ore.

They understand that Oregon should be on the cutting edge of the GMO labeling movement, just as the state in decades past has been on the cutting edge of other environmental initiatives ranging from the beach bill to the bottle bill.

Measure 92 reflects the concerns of a growing number of Oregonians about genetically engineered foods, and the arguments of opponents are flimsy and insulting to the ability of Oregonians to make informed decisions. Voters should approve Measure 92.[7]

Register-Guard[36]
  • The Skanner said,
We want to know what’s in the food we’re eating--what’s wrong with that? We vote YES.[7]
Skanner[37]
  • The Ashland Daily Tidings said,
There are many substances in food that have no negative health effects, but which must be listed on labels. Have water or molasses or oregano in your product and it has to be listed. Why should the fact that a product contains GMOs be hidden? People have a right to know what they are eating, regardless of others' views of the food. There would be some modest costs associated with producing new labeling, but a study by ECONorthwest said the typical family would pay less than $3 more per year as a result.

We'll say it one more time: People have a right to know what they are eating.[7]

Ashland Daily Tidings[38]
  • The Baker City Herald said,
Food packages are larded with labels, many of which employ nonspecific adjectives — “wholesome” and the like — rather than plain fact.

Measure 92, which Oregon voters will decide on in the Nov. 4 election, deals with the factual kind of label.

It would require packaged food to include a label if the food contains genetically modified organisms (GMO).

Many foods do contain GMOs, and have for more than 20 years.

We support Measure 92 because we believe consumers should have as much accurate information as possible about their food.[7]

Baker City Herald[39]

Opposition

  • The Oregonian said,
Protecting less-informed consumers from misleading labels would alone justify a "no" vote on Measure 92. But mandatory labeling almost certainly will raises food costs as well, which will have a disproportionate effect upon those with the least money to spend...Oregonians may or may not like genetically engineered food products and the big companies that provide them, but such antipathy is a lousy reason to approve a measure that will mislead many consumers and place a disproportionate financial burden on those least able to carry it.[7]
Oregonian[40]
  • The Portland Mercury said,
Finally! A real sense of how many GMOs you're consuming. A better ability to make an informed choice about what you put into your body, and when...And yet, after much debate, we're coming down just on the "no" side of this issue.

The essential problem is dishonesty. Measure 92's proponents argue it's all about helping consumers make an informed choice. They insisted in our interview they have no problem with GMOs, and no other motives, ulterior or not, besides the spread of information.

But this campaign—like identical efforts that narrowly failed in California and Washington recently—is quite clearly a bid to get food companies to abandon GMOs, a backdoor attempt at altering our agricultural landscape.[7]

Portland Mercury[41]
  • The Portland Tribune said,
Consumers are more accustomed to labels that warn of dangers — think tobacco and alcohol — or that convey useful nutritional information about calories, fat and sodium. The GMO label doesn’t fall within those categories — especially when you consider this labeling wouldn't be done at the federal level.

Ballot measures generally are the poorest method for making public policy. Particularly when it comes to a technical matter such as food labeling and GMOs, any measure drafted by passionate advocates is going to have unintended consequences. We recommend a “no” vote on Measure 92.[7]

Portland Tribune[42]
  • The Statesman Journal said,
There is one overwhelming reason to oppose Ballot Measure 92, which would make Oregonians the first voters to require labels on some genetically engineered foods.

That reason: Product labeling is a national and global issue, and that is where the requirements should be established. It is unrealistic to impose a patchwork of state-by-state requirements on food manufacturers. Genetic-engineering labeling is not as simple as the multistate deposit information that appears on Oregon beverage cans and bottles.[7]

Statesman Journal[43]
  • The Dalles Chronicle said,
The Chronicle voted by a 4-3 margin to oppose Measure 92, which requires labelling of GMO (Genetically Modified Organism) foods in Oregon.

The majority of the board believed all consumers have a right to know what is in their food. However, we support having the issue of GMOs addressed at the federal level so rules are uniformly applied.

We did not want the playing field to be uneven for Oregon farmers who could face greater regulation and costs than their peers.[7]

Dalles Chronicle[44]

Polls

See also: Polls, 2014 ballot measures
  • Between June 25 and 30, 2014, DHM conducted a poll in Oregon, Washington and Idaho regarding support for GMO labeling on raw and packaged foods. It found 69 percent support among Washington residents and 77 percent among Oregon residents.[45]
Legend

     Position is ahead and at or over 50%     Position is ahead or tied, but under 50%

Oregon GMO Labeling Initiative (2014)
Poll Support OpposeNot sureMargin of errorSample size
Elway Research
10/26/2014 - 10/27/2014
42%48%7%+/-5403
Survey USA
10/23/2014 - 10/27/2014
44%43%13%+/-4.3552
GBA Strategies
10/19/2014 - 10/21/2014
52%44%4%+/-3.5800
DHM Research
10/08/2014 - 10/11/2014
49%44%7%+/-4.3516
DHM
6/25/2014 - 6/30/2014
77%12%11%+/-4.9400
AVERAGES 52.8% 38.2% 8.4% +/-4.4 534.2
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

Path to the ballot


KOIN 6, "Oregon activists announce GMO labeling campaign," May 15, 2014
See also: Laws governing the initiative process in Oregon

Three different initiatives regarding the labeling of GMOs were submitted to the Oregon Secretary of State with potential to be placed on a 2014 ballot. The first, proposed initiative petition 13, was filed on May 21, 2013, with the subject "Oregon Genetically Engineered Food Labeling Act." This version, however, was withdrawn on November 15, 2013. A second version, proposed initiative petition 27, had already been submitted on August 19, 2013, and was approved for circulation on December 10, 2013.

The third version, which was the version on the ballot, was filed on January 1, 2014. It was numbered proposed initiative petition 44 and approved for circulation on May 14, 2014. All three versions of the measure included Scott Bates as a chief petitioner in their application.[46][47][48]

Supporters had to collect 87,213 valid signatures by July 3, 2014, in order to land the measure on the 2014 ballot. The group Oregon GMO Right to Know announced that they turned in more than 155,000 signatures on July 2. With almost twice as many unverified signatures than the necessary validated amount, it was highly likely this measure would be certified for the ballot.[49]

On July 23, 2014, the secretary of state's office certified it for the ballot with 118,780 valid signatures.[50]

Related measures

See also

External links

Additional reading

Footnotes

  1. The Oregonian, "Oregon supporters of GMO labeling clear big hurdle for 2014 initiative as they try to woo funders ," December 6, 2013
  2. Oregon Live, "With all votes in, GMO labeling Measure 92 defeated by just 800 votes," November 24, 2014
  3. The Register Guard, "GMO labeling supporters sue over vote count," December 9, 2014
  4. Herald Net, "Judge declines to halt GMO ballot measure certification in Oregon," December 9, 2014
  5. FSRN, "Recount confirms defeat of Oregon ballot initiative to mandate labeling of GMOs," December 10, 2014
  6. Oregon Secretary of State, "Amended Ballot Title," accessed June 5, 2014
  7. 7.00 7.01 7.02 7.03 7.04 7.05 7.06 7.07 7.08 7.09 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  8. Oregon Secretary of State, "Full text of initiative petition #44," accessed September 30, 2014
  9. Associated Press, "Ore. activists announce GMO labeling campaign," May 15, 2014
  10. The Atlantic, "Want to Know If Your Food Is Genetically Modified?: Across the country, an aggressive grassroots movement is winning support with its demands for GMO labeling. If only it had science on its side.," May 14, 2014
  11. Statesman Journal, "Rep. Peter DeFazio urges supports for GMO labeling," September 23, 2014
  12. The Montana Standard, "Chipotle backs Colorado, Oregon labeling proposals," October 14, 2014 (dead link)
  13. Oregon Right to Know website, accessed October 29, 2014
  14. 14.0 14.1 Oregon League of Women Voters, "Oregon Voters' Guide November 4, 2014," accessed October 29, 2014
  15. Oregon Secretary of State, "Statement of Organization History: Oregon GMO Right to Know," accessed July 14, 2014
  16. 16.0 16.1 16.2 Oregon Secretary of State, Elections Division, "Account Summary: Oregon GMO Right to Know (16728)," accessed July 14, 2014
  17. Oregon Secretary of State, Elections Division, "Transaction Search Results: Oregon GMO Right to Know (16728)," accessed June 10, 2014
  18. The Oregonian, "GMO labeling campaign spends $591,000 on signature gathering: Oregon campaign finance," June 9, 2014
  19. Oregon Secretary of State, "Statement of Organization for Political Action Committee: Vote Yes on Measure 92," accessed December 12, 2014
  20. Oregon Secretary of State, "Statement of Organization for Political Action Committee: OSPIRG Action," accessed December 12, 2014
  21. Oregon Secretary of State, ""Statement of Organization for Political Action Committee: OSPIRG Action," accessed December 12, 2014
  22. https://secure.sos.state.or.us/orestar/sooDetail.do?sooRsn=76295 Oregon Secretary of State, "Statement of Organization for Political Action Committee: Oregonians for Safe Farms and Families," accessed December 12, 2014]
  23. Oregon Secretary of State, "Statement of Organization for Petition Committee: Committee for Oregon's Right to Know," accessed December 12, 2014
  24. The Oregonian: Politifact Oregon, "Do two state agriculture groups have ties to biotech firms?" September 24, 2013
  25. The Oregonian, "GMO labeling: Who's pouring cash into Oregon's Yes and No campaigns? (Interactive map, database)," October 6, 2014
  26. NO on 92 Coalition website, accessed October 29, 2014
  27. Oregon Secretary of State, "Statement of Organization for Political Action Committee ID: 17015," accessed August 1, 2014
  28. Pamplin Media Group, "Measure 92 sets Oregon spending record," November 3, 2014
  29. Oregon Secretary of State, "No on 92 Campaign Finance Activity," accessed December 12, 2014
  30. Oregon Secretary of State, "Statement of Organization for Political Action Committee: NO on 92 Coalition," accessed December 12, 2014
  31. ECONorthwest, "What We Do ," accessed October 8, 2014
  32. 32.0 32.1 32.2 ECONorthwest, "GE Foods Labeling Cost Study Findings," September 12, 2014
  33. American Association for the Advancement of Science, "Statement by the AAAS Board of Directors On Labeling of Genetically Modified Foods," October 20, 2012
  34. 34.0 34.1 Ahmed, F. E. (2002). "Detection of genetically modified organisms in food." TRENDS in Biotecchnology. 20(5), 215-223.
  35. Mail Tribune, "Our View: Food labeling measure is a reasonable step," October 2, 2014
  36. Register-Guard, "Approve mandatory labeling," October 5, 2014
  37. Skanner, "The Skanner News Elections Endorsements: Support These Measures on the Nov. 4 Ballot," October 16, 2014
  38. Ashland Daily Tidings, "Our View: Our View," October 2, 2014
  39. Baker City Herald, "Approve food label measure," October 6, 2014
  40. Oregonian, "Voters should oppose mandatory-labeling measure: Editorial endorsement," August 30, 2014
  41. Portland Mercury, "It's the Mercury's Endorsement Guide! ," October 22, 2014
  42. Portland Tribune, "Our Opinion: Measure 92 slpas bad label on Oregon," October 28, 2014
  43. Statesman Journal, "GMOs: No on Measure 92, but no on scare tactics, too," October 28, 2014
  44. Dalles Chronicle, "Editorial: No pot candy, make GMO rules federal," October 22, 2014
  45. Earth Fix Oregon Public Broadcasting, "Most Northwest Residents Say They Want Labeling For Genetically Modified Food," July 7, 2014
  46. Oregon Secretary of State Elections Division, "Detailed Information For : 13/2014," accessed June 5, 2014
  47. Oregon Secretary of State Elections Division, "Detailed Information For : 27/2014," accessed June 5, 2014
  48. Oregon Secretary of State Elections Division, "Detailed Information For : 44/2014," accessed June 5, 2014
  49. Associated Press, "Activists submit signatures for GMO-labeling measure," July 3, 2014
  50. Statesman Journal, "GMO labeling initiative qualifies for Oregon ballot," July 23, 2014