2012 California Proposition 37

Last updated
Proposition 37
Genetically Engineered Foods Labeling
Results
Choice
Votes %
Check-71-128-204-brightblue.svg Yes6,088,71448.59%
Light brown x.svg No6,442,37151.41%
Valid votes12,531,085100.00%
Invalid or blank votes00.00%
Total votes12,531,085100.00%
Registered voters/turnout18,245,97068.68%

2012 California Proposition 37 results map by county.svg
Results by county
[1]

Proposition 37 was a California ballot measure rejected in California at the statewide election on November 6, 2012. [2] This initiative statute would have required labeling of genetically engineered food, with some exceptions. It would have disallowed the practice of labeling genetically engineered food with the word "natural." [3] This proposition was one of the main concerns by the organizers of the March Against Monsanto in May 2013.

Contents

Details

Section 2 of Proposition 37, the "Statement of Purpose", reads "The purpose of this measure is to create and enforce the fundamental right of the people of California to be fully informed about whether the food they purchase and eat is genetically engineered and not misbranded as natural so that they can choose for themselves whether to purchase and eat such foods. It shall be liberally construed to fulfill this purpose". [4] [5]

The proposed law also includes several exceptions, such as products that are certified organic, made from animals fed or injected with genetically engineered material (but not genetically engineered themselves), processed with or containing only small amounts of genetically engineered ingredients, administered for treatment of medical conditions, sold for immediate consumption such as in a restaurant; and alcoholic beverages. [4] [5]

Grocery stores and other retailers would be primarily responsible for ensuring that their food products are correctly labeled. For foods that are exempt, retailers would have to provide records either directly from the provider of the product, or by receiving independent certification from third parties. Farmers, food manufacturers, and every other party in the product's supply chain would also have to maintain such records.

Potential impact

According to the California Attorney General, the measure would "increase annual state costs ranging from a few hundred thousand dollars to over $1 million to regulate the labeling of genetically engineered foods". It would also incur "Potential, but likely not significant, costs to state and local governments due to litigation resulting from possible violations of the requirements of this measure. Some of these costs would be supported by court filing fees that the parties involved in each legal case would be required to pay under existing law." [6]

Arguments for and against

Proponents argue that "Proposition 37 gives us the right to know what is in the food we eat and feed to our families. It simply requires labeling of food produced using genetic engineering, so we can choose whether to buy those products or not. We have a right to know." Opponents argued that "Prop. 37 is a deceptive, deeply flawed food labeling scheme, full of special-interest exemptions and loopholes. Prop. 37 would: create new government bureaucracy costing taxpayers millions, authorize expensive shakedown lawsuits against farmers and small businesses, and increase family grocery bills by hundreds of dollars per year." [7]

Opponents said Proposition 37 labeling requirements would increase grocery costs by as much as $400 per year [8] based on a study by Northbridge Environmental Consultants [9] and the non-partisan California Legislative Analyst's Office fiscal impact study. [10]

Proponents on the other hand, said that some organic US food processors argued that the changes in labeling will have no effect on consumer costs because companies change their labeling all the time, as it is, and changing labels is a regular cost already built into the price consumers pay for products. “We, as with most manufacturers, are continually updating our packaging. It is a regular cost of doing business - a small one at that - and is already built into the price consumers pay for products,” said Arran Stephens, president and founder of Nature's Path. [5] [11]

Proponents believed that if the proposition is accepted in California, it would increase the likelihood that other states will also adopt the same rules. In turn, if enough states do decide to adopt GMO labeling laws, it is possible that the national government will become involved and take action. [12]

Opponents claimed Prop 37 backers real intent was to ban GMOs via labeling schemes removing consumer choices, citing claims by proponents like Jeffrey M. Smith that labeling requirements in California would cause food companies to source only non-GMO foods to avoid having labels that consumers would perceive as warnings. [13]

During the campaign, both sides made allegations of campaign improprieties. [14]

Campaign donations

The organization in support is "California Right to Know" and the organization against is "NO Prop. 37, Stop the Deceptive Food Labeling Scheme". As of November 6, 2012, the total donations to each side were $9.2 million in support, and $46 million in opposition. The top 10 donors to each side are as follows: [15]

Result

Proposition 37 was defeated, gaining 48.6% of voters at the polls in 2012. [1] If it had passed, California would have been the first state to require GMO labeling. [16]

See also

Related Research Articles

<span class="mw-page-title-main">Genetically modified food</span> Foods produced from organisms that have had changes introduced into their DNA

Genetically modified foods, also known as genetically engineered foods, or bioengineered foods are foods produced from organisms that have had changes introduced into their DNA using various methods of genetic engineering. Genetic engineering techniques allow for the introduction of new traits as well as greater control over traits when compared to previous methods, such as selective breeding and mutation breeding.

Ballot Measure 27 of 2002 would have required the mandatory labelling of all genetically modified food sold in the U.S. state of Oregon. The measure was defeated in the November 5, 2002 general election with 371,851 votes in favor, 886,806 votes against. The measure was placed on the ballot as a result of initiative petition.

Flavr Savr, a genetically modified tomato, was the first commercially grown genetically engineered food to be granted a license for human consumption. It was developed by the Californian company Calgene in the 1980s. The tomato has an improved shelf-life, increased fungal resistance and a slightly increased viscosity compared to its non-modified counterpart. It was meant to be harvested ripe for increased flavor for long-distance shipping. The Flavr Savr contains two genes added by Calgene; a reversed antisense polygalacturonase gene which inhibits the production of a rotting enzyme and a gene responsible for the creation of APH(3')II, which confers resistance to certain aminoglycoside antibiotics including kanamycin and neomycin. On May 18, 1994, the FDA completed its evaluation of the Flavr Savr tomato and the use of APH(3')II, concluding that the tomato "is as safe as tomatoes bred by conventional means" and "that the use of aminoglycoside 3'-phosphotransferase II is safe for use as a processing aid in the development of new varieties of tomato, rapeseed oil, and cotton intended for food use." It was first sold in 1994, and was only available for a few years before production ceased in 1997. Calgene made history, but mounting costs prevented the company from becoming profitable, and it was eventually acquired by Monsanto Company.

Proposition 65 is a California law passed by direct voter initiative in 1986 by a 63%–37% vote. Its goals are to protect drinking water sources from toxic substances that cause cancer or birth defects and to reduce or eliminate exposures to those chemicals generally, such as in consumer products, by requiring warnings in advance of those exposures, with the intended goal being that companies choose to reformulate their products without the substances rather than simply providing notice of such substances in their product.

<span class="mw-page-title-main">Kashi (company)</span> Food manufacturer

Kashi is a maker of whole grain cereals and other plant-based foods sourced from regular farming practices. Founded in San Diego in 1981, the company became a subsidiary of Kellogg's in 2000, and produces about 100 products sold in the U.S. and Canada. Its original cereal, discontinued in 2021, was identified by the tagline "Seven Whole Grains on a Mission". The name "Kashi" is a blended term derived from "kashruth", meaning kosher or pure food, and "Kushi", the last name of the founder of American macrobiotics, Michio Kushi.

<span class="mw-page-title-main">Genetically modified food controversies</span> Controversies over GMO food

Genetically modified food controversies are disputes over the use of foods and other goods derived from genetically modified crops instead of conventional crops, and other uses of genetic engineering in food production. The disputes involve consumers, farmers, biotechnology companies, governmental regulators, non-governmental organizations, and scientists. The key areas of controversy related to genetically modified food are whether such food should be labeled, the role of government regulators, the objectivity of scientific research and publication, the effect of genetically modified crops on health and the environment, the effect on pesticide resistance, the impact of such crops for farmers, and the role of the crops in feeding the world population. In addition, products derived from GMO organisms play a role in the production of ethanol fuels and pharmaceuticals.

<span class="mw-page-title-main">2008 California Proposition 2</span> California ballot proposition

Proposition 2 was a California ballot proposition in that state's general election on November 4, 2008. It passed with 63% of the votes in favor and 37% against. Submitted to the Secretary of State as the Prevention of Farm Animal Cruelty Act, the initiative's name was amended to officially be known as the Standards for Confining Farm Animals initiative. The official title of the statute enacted by the proposition is the Prevention of Farm Animal Cruelty Act.

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<span class="mw-page-title-main">2008 California Proposition 10</span> Ballot measure in California

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<span class="mw-page-title-main">November 2012 California elections</span>

The California state elections was held on Election Day, November 6, 2012. On the ballot were eleven propositions, various parties' nominees for the United States presidency, the Class I Senator to the United States Senate, all of California's seats to the House of Representatives, all of the seats of the State Assembly, and all odd-numbered seats of the State Senate.

<span class="mw-page-title-main">Regulation of genetic engineering</span>

The regulation of genetic engineering varies widely by country. Countries such as the United States, Canada, Lebanon and Egypt use substantial equivalence as the starting point when assessing safety, while many countries such as those in the European Union, Brazil and China authorize GMO cultivation on a case-by-case basis. Many countries allow the import of GM food with authorization, but either do not allow its cultivation or have provisions for cultivation, but no GM products are yet produced. Most countries that do not allow for GMO cultivation do permit research. Most (85%) of the world's GMO crops are grown in the Americas. One of the key issues concerning regulators is whether GM products should be labeled. Labeling of GMO products in the marketplace is required in 64 countries. Labeling can be mandatory up to a threshold GM content level or voluntary. A study investigating voluntary labeling in South Africa found that 31% of products labeled as GMO-free had a GM content above 1.0%. In Canada and the USA labeling of GM food is voluntary, while in Europe all food or feed which contains greater than 0.9% of approved GMOs must be labelled.

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<span class="mw-page-title-main">Washington Initiative 522 (2012)</span> Ballot measure in Washington that would have required foods containing GMOs to be labeled

Washington Initiative 522 (I-522) "concerns labeling of genetically-engineered foods" and was a 2012 initiative to the Washington State Legislature. As certified by the Washington Secretary of State, it achieved enough signatures to be forwarded to the legislature for consideration during the 2013 session. The legislature did not vote on the initiative, so I-522 advanced to the November 5, 2013 general election ballot. If passed into law by voters, I-522 would have taken effect on July 1, 2015. The initiative failed with 51% opposition.

<span class="mw-page-title-main">March Against Monsanto</span> International protest movement

The March Against Monsanto was an international grassroots movement and protest against Monsanto, a producer of genetically modified organisms (GMOs) and Roundup, a glyphosate-based herbicide. The movement was founded by Tami Canal in response to the failure of California Proposition 37, a ballot initiative which would have required labeling food products made from GMOs. Advocates support mandatory labeling laws for food made from GMOs.

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Genetic engineering in North America is any genetic engineering activities in North America

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References

  1. 1 2 "Statement of Vote" (PDF). California Secretary of State. Archived from the original (PDF) on 24 December 2012. Retrieved 15 December 2012.
  2. Finz, Stacy (November 7, 2012). "Prop. 37: Genetic food labels loses". sfgate.com. San Francisco Chronicle. Retrieved November 7, 2012.
  3. California Secretary of State, n.d. (29 October 2012). "Genetically Engineered Foods. Labeling Initiative Statute". Voter Guide. Archived from the original on 2012-11-12. Retrieved 30 October 2012.
  4. 1 2 "Proposition 37: Text of Proposed Law" (PDF). Official CA Voter Information Guide. CA Secretary of State.
  5. 1 2 3 Prop 37, California U.S. (2012).
  6. "Proposition 37 : Genetically Engineered Foods : Labeling : Initiative Statute" (PDF). Vig.cdn.sos.ca.gov. Retrieved 2013-08-25.
  7. "Prop. 37: Requires labeling of food products made from genetically modified organisms. | Voter's Edge". Votersedge.org. Archived from the original on 2013-09-04. Retrieved 2013-08-25.
  8. Higher Food Costs, No on 37 website, accessed November 17, 2012.
  9. The Genetically Engineered Foods Mandatory Labeling Initiative: Overview of Anticipated Impacts and Estimated Costs to Consumers Northbridge Environmental Consultants Report, July 25, 2012.
  10. Prop 37 Summary of Legislative Analyst’s Estimate of Net State and Local Government Fiscal Impact, California Legislative Analyst's Office, July 18, 2012.
  11. Malkan, Stacy (31 August 2012). "Statement about Bogus Economic Analysis of GMO Labeling Costs - Yes on Prop 37". CA Right to Know. Retrieved 29 October 2012.
  12. Rodale, Maria (29 October 2012). "What Is Proposition 37? The Top 5 Reasons You Should Care!". The Huffington Post Online. Retrieved 29 October 2012.
  13. Consciousness Beyond Chemtrails - Jeffrey M Smith speech on GMO's, Chemtrails Conference, August 17, 2012. (Speaking on the California initiative, Smith claimed if only 5 percent of consumers avoid food products labeled with GMO ingredients, Kraft and major companies will remove them to avoid losing just one percent of sales and all other food companies will follow.)
  14. Lifsher, Marc (2012-11-02). "Accusations fly over alleged FBI probe of campaign against Prop. 37". Los Angeles Times. Los Angeles. Retrieved 8 November 2012.
  15. "Prop. 37: Requires labeling of food products made from genetically modified organisms. | Voter's Edge". Votersedge.org. 2012-11-06. Archived from the original on 2012-11-08. Retrieved 2013-08-25.
  16. "Prop 37 Defeated: California Voters Reject Mandatory GMO-Labeling". Huffingtonpost.com. 7 November 2012. Retrieved 2014-01-08.