SENATE MEMORIAL 58

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Cisco McSorley

A MEMORIAL

REQUESTING THE NEW MEXICO DEPARTMENT OF AGRICULTURE TO EVALUATE ISSUES RELATED TO GENETICALLY ENGINEERED SEED CROPS AND ISSUES RELATED TO THE LIABILITY EXPOSURE OF NEW MEXICO FARMERS TO GENETICALLY ENGINEERED SEED MANUFACTURERS.

     WHEREAS, for thousands of years, growers have developed, collected and saved regional seeds, thereby selectively breeding farm crops suited to the local microclimate; and

     WHEREAS, for generations, New Mexicans have been stewards of the land; and

     WHEREAS, since its founding in 1888, New Mexico state university has developed exceptional plant varieties through the proven techniques of crossbreeding using natural procedures that are well documented and successful; and

     WHEREAS, today, many local farmers grow these special varieties, which are profitable and well known internationally; and

     WHEREAS, contamination from genetically engineered seeds can eliminate markets for New Mexico's specialty food products, such as chile and blue corn, and commodity crops, such as beef and certified organic products, negating the many years spent on developing these valuable markets and establishing New Mexico's reputation; and

     WHEREAS, currently, seed contracts with manufacturers of genetically engineered seeds require farmers to waive their rights to a transparent process of contract compliance, and farmers sign away their federal Privacy Act rights and grant the seed manufacturers full access to inspections of farm records, fields and crops; and

     WHEREAS, this "full access" continues even if the farmer has stopped growing the manufacturers' seeds; and

     WHEREAS, Senate Bill 560, introduced during the 2009 legislature session, would have changed the current system that the seed manufacturers have created and exchange it for a system with transparency, eliminating farmer liability for genetically engineered seed contamination of crops; and

     WHEREAS, manufacturers of genetically engineered seeds have historically sued farmers whose crops are unknowingly contaminated by the manufacturers' seeds; and

     WHEREAS, Senate Bill 560 would have protected farmers growing non-genetically engineered crops from being sued by a seed manufacturer and would have addressed instances of unintended crosses with non-genetically engineered crops of a neighboring farmer;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the New Mexico department of agriculture be requested to investigate the issues associated with genetically engineered seed crops and the legal exposure of farmers to liability for cross-pollination and contamination of non-genetically engineered crops to genetically engineered seed manufacturers and the potential consequences on the New Mexico agricultural economy; and

     BE IT FURTHER RESOLVED that the New Mexico department of agriculture report its findings and recommendations to the appropriate interim legislative committee by December 1, 2009; and

     BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the director of the New Mexico department of agriculture.

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