Damariscotta attorney Peter Drum and Sen. Chris Johnson, D-Somerville, are at the forefront of a groundbreaking bipartisan effort to require labeling of genetically engineered food.
Maine became the second state to pass a labeling bill in June, just days after Connecticut. Supporters of labeling believe there is not enough evidence to establish genetically engineered food, also known as genetically modified organisms, as safe.
“We’re basically lab rats,” Johnson said, “and it’s not a controlled experiment.”
“I don’t want my grandchildren to be part of that experiment,” he said. “I want us to know whether something is safe before I’m feeding it to them.”
Drum authored the bill for the Maine Organic Farmers and Gardeners Association, which worked with Rep. Lance Harvell, R-Farmington, the bill’s sponsor; and Johnson, the primary Senate co-sponsor, to craft the bill and shepherd it through the Legislature.
The alliance of Drum and Johnson, both Democrats, with Harvell, whom Drum refers to as a “very conservative firebrand” and “rising star” in the state GOP, might seem like an improbable partnership.
Drum and Johnson, however, agree the issue extends beyond party lines.
“Whether you’re conservative or liberal, you want to know what’s in your food,” Drum said.
“I don’t have to agree with [Harvell] on his general philosophy in order to agree with him that this particular issue, perhaps for different reasons, is important to accomplish,” Johnson said.
Harvell and Johnson recruited more than 100 co-sponsors from both sides of the aisle. Local co-sponsors in the House include Representatives Bruce MacDonald, D-Boothbay; Deb Sanderson, R-Chelsea; and Ellen Winchenbach, R-Waldoboro.
The House adopted the bill 141-4, while the vote in the Senate was unanimous.
The overwhelming support mirrors public opinion in the state as well as international trends.
An April poll of Maine residents indicates 91 percent favor labeling. The 27 countries of the European Union require labeling of genetically engineered foods, as do China, Japan, Russia and many other countries.
Drum and Johnson say only independent, long-term studies can determine whether genetically engineered products present a public health risk.
The majority of studies about GMOs are by the biotechnology giant Monsanto Co., which declares the products it manufactures and sells safe.
“That’s the fox guarding the henhouse, as far as I’m concerned,” Johnson said. A couple of small-scale studies in Europe show high incidences of cancer in laboratory animals eating exclusively GMO crops, Johnson said.
Examples of GMOs include Monsanto’s Bt corn, which produces the toxin Bt to kill corn rootworm; and Roundup Ready corn, which can resist high levels of the chemical glyphosate, the active ingredient in Monsanto’s popular pesticide Roundup.
Eventually, pests develop resistance to glyphosate, and farmers often increase the dose, Drum said. This increases the pesticides present in food and in the environment, where the chemicals can contaminate groundwater and harm positive insects like bees.
Other examples of genetically engineered produce include some peas, rice, squash, sugar cane and tomatoes. Cereal and frozen foods, including those billed as “health food” or “natural,” often contain genetically engineered ingredients, Drum said.
The Maine law would ban the labeling of genetically engineered food as natural.
The bill, “An Act to Protect Maine Food Consumers’ Right to Know about Genetically Engineered Food and Seed Stock,” would rely on the affidavits of farmers and manufacturers instead of expensive and time-consuming tests.
Tests could still take place from time to time to verify the affidavits, Drum said, and a false affidavit could be grounds for a lawsuit.
The method is “very economically efficient” and matches the practice the specialty grocery store chain Trader Joe’s already uses, Drum said.
The bill requires five contiguous states to adopt similar legislation before it takes effect. This “trigger condition” will ensure a large market for GMO-free food and also establish an alliance in case of a lawsuit from the historically litigious Monsanto, Drum said.
“It’s a lot less costly to fight a Supreme Court challenge to a law like this if you have several states on board with you,” Drum said.
“In a way, our trigger conditions are really a call for others to join us,” Johnson said. “We’re willing to take on this fight, on behalf of all our citizens who deserve to be able to make that risk management decision, if you will join us.”
Monsanto and its attorneys and lobbyists argue such laws violate the First Amendment of the U.S. Constitution, which states, in part, “Congress shall make no law … abridging the freedom of speech.”
Drum disagrees. The U.S. Food and Drug Act already allows states to require food labels to contain specific information as long as the information serves a “legitimate end” or purpose.
The legitimate end is clear with GMOs, Drum said, because of the possible health risks to humans and damage to natural resources.
The sponsors of the bill have a letter from Gov. Paul LePage indicating “he fully intends to sign the bill” in January, Johnson said.
The Legislature agreed to the delay because the administration and the attorney general want to watch what happens in Connecticut and learn from any legal challenge there.
“I think it was an interesting example, given how contentious the exchanges have been in this legislative session, of people cooperating across parties and even cooperating with the governor’s office to make something happen,” Johnson said.
“I’m really pleased that Maine is the second state to pass GMO labeling requirements, and I look forward to the day other states have joined us, trigger conditions are met and we can start helping citizens make informed decisions to manage their health risks,” Johnson said.
Connecticut, Maine and Vermont now have laws in place or soon to take effect, and Drum and Johnson said other New England states have similar bills in the works.
“I think for sure within the next two to three years it will go into effect, and that’s not because of clever lobbying or special interests, that’s because the vast majority of people want to know what’s in their food,” Drum said.
