California Proposition 37, 2012

Last updated
Proposition 37
Genetically Engineered Foods Labeling
Results
Votes%
Yes check.svg Yes6,088,71448.59%
X mark.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%
[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.

Initiative means by which a petition signed by a certain minimum number of registered voters can force a public vote

In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote in parliament called an indirect initiative or via a direct initiative, the latter then being dubbed a Popular initiated Referendum.

Statute Formal written document that creates law

A statute is a formal written enactment of a legislative authority that governs a city, state, or country. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies.

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 only 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

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.

Kashi (company)

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 makes over 90 products sold in the U.S. and Canada. Its original cereal pilaf was identified by the tagline "Seven Whole Grains on a Mission". The company name 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.

2004 California Proposition 64

Proposition 64 was a California ballot proposition on the November 2, 2004 ballot. It passed with 6,571,694 (59.0%) votes in favor and 4,578,725 (41.0%) against. It was an initiative statute that limited the California law on unfair competition, restricting private lawsuits against a company only to those where an individual is injured by and suffers a financial loss due to an unfair, unlawful, or fraudulent business practice and providing that otherwise only public prosecutors may file lawsuits charging unfair business practices.

Genetically modified food controversies 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.

2008 California Proposition 4

Proposition 4, or the Abortion Waiting Period and Parental Notification Initiative, also known to its supporters as Sarah's Law, was an initiative state constitutional amendment on the 2008 California General Election ballot

2008 California Proposition 2

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.

2008 California Proposition 5

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2008 California Proposition 7

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2008 California Proposition 10

California Proposition 10, also known as the California Alternative Fuels Initiative, was an unsuccessful initiated state statute that appeared on the November 2008 ballot in California. Proposition 10 was funded byClean Energy Fuels Corp. a corporation owned by T. Boone Pickens. Clean Energy Fuels Corp. is the nation's leading operator of natural gas vehicle fueling stations.

The Non-GMO Project

The Non-GMO Project is a 501(c)(3) non-profit organization focusing on genetically modified organisms. The organization began as an initiative of independent natural foods retailers in the U.S. and Canada, with the stated aim to label products produced in compliance with their Non-GMO Project Standard, which aims to prevent genetically modified foodstuffs from being present in retail food products. The organization is headquartered in Bellingham, Washington. The Non-GMO label began use in 2012 with Numi Organic Tea products.

November 2012 California elections

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.

Regulation of genetic engineering

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. 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.

Jeffrey M. Smith American activist

Jeffrey M. Smith is an American consumer activist, self-published author, and former politician. He is the author of two books on genetically engineered foods, Seeds of Deception: Exposing Industry and Government Lies about the Safety of the Genetically Engineered Foods You’re Eating, and Genetic Roulette: The Gamble of Our Lives, which he made into a film in 2012. He has appeared twice on The Dr. Oz Show. Smith has worked with organic food marketers and alternative health product promoters to advocate against genetically modified food. Supporters identify Smith as an influential educator on the alleged risks associated with genetically modified foods, while others point out Smith's lack of scientific background or expertise in the field. In 1998, Smith ran unsuccessfully for Congress as a candidate for the Natural Law Party. As of 2010, Smith was the executive director and sole employee of the Institute for Responsible Technology; in 2012 paperwork to become a 501(c)3 was filed.

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Washington Initiative 522 (2012)

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.

March Against Monsanto international protest movement

The March Against Monsanto is an international grassroots movement and protest against Monsanto corporation, a producer of genetically modified organism (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.

GMO Answers launched by the agricultural biotechnology industry in July 2013 to answer consumers' questions about genetically modified organisms (GMOs) in crops in the U.S. food supply. GMO Answers was created in part to respond to public concern about the safety of GMOs. GMO Answers "expert resources" include conventional and organic farmers, agribusiness experts, scientists, academics, medical doctors and nutritionists, and "company experts" from founding members of the Council for Biotechnology Information, which funds the initiative. Founding members include BASF, Bayer CropScience, Dow AgroSciences, DuPont, Monsanto Company and Syngenta.

Public Law 114-216 is the federal law of the United States that regulates GMO food labeling. It was enacted on July 29, 2016 when President Obama signed then Senate Bill 764 (S.764). While the law is officially termed A bill to reauthorize and amend the National Sea Grant College Program Act, and for other purposes, it evolved over time into "the legislative vehicle for a measure concerning bioengineered food disclosure". The bill was crafted by Sen. Pat Roberts (R-KS) and Debbie Stabenow (D-MI). The "GMO labeling bill" was introduced by its sponsor, Sen. Roger F. Wicker (R-MS), cosponsored by Sen. Dan Sullivan (R-AK), and passed Senate and House in June 2016. The law overturned relevant state laws such as Vermont's GMO labeling law that had called for strict and transparent GMO food labeling in Vermont after July 1, 2016.

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

2018 California Proposition 12

Proposition 12 was a California ballot proposition in that state's general election on November 6, 2018. The measure was self-titled the Prevention of Cruelty to Farm Animals Act. The measure passed, by a vote of about 63% Yes to 37% No.

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. 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. 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. Retrieved 2013-08-25.
  16. "Prop 37 Defeated: California Voters Reject Mandatory GMO-Labeling". Huffingtonpost.com. 7 November 2012. Retrieved 2014-01-08.