Pew Initiative Finds More Biotech Legislation is Tackling 'Next Generation' Biotechnology

A new fact sheet and updated database released Thursday by the Pew Initiative on Food and Biotechnology finds that state legislation introduced in the 2003-2004 legislative sessions focused on issues raised by the "next generation" products of agricultural biotechnology-—such as genetically modified fish, pharmaceutical-producing food crops and animals, or new food crops such as wheat—-though concerns varied by region. Local activities, such as ballot initiatives, were also found to be more prevalent in 2003-2004 than they were in the 2001-2002 legislative sessions.

The kinds of agricultural biotechnology legislation introduced by state lawmakers in 2003-2004 reflected regional concerns and were often tied to the economic interests of a particular state. For instance, the majority of agricultural biotechnology legislation introduced in the Northern Plains States (including Montana, North Dakota, and South Dakota) where growers debated what impact genetically modified wheat would have on global wheat markets, attempted to curb the introduction of the product.

In contrast, the majority of agricultural biotechnology legislation introduced in Midwestern states during the 2003-2004 legislative session reflected a desire to leverage both their existing agricultural infrastructure through new tax incentives and other policies which would make states such as Iowa a desirable home for life science corporations and other new businesses.

Activity at the local level was also extensive in the 2003-2004 state legislative session, adding to the conclusion that managing the issues associated with agricultural biotechnology is of increasing concern at the state level. For example, in 2004 five counties in California considered ballot initiatives, one California county board of supervisors considered a resolution restricting the technology. Over 79 different towns in Vermont supported non-binding town hall resolutions calling for moratoria on GM organisms in recent years.

"The 2003-2004 legislative session confirms our belief that the introduction of biotechnology — especially new products like genetically modified wheat or fish — has given rise to a complex web of issues that vary from region to region" says Michael Rodemeyer, executive director of the Pew Initiative on Food and Biotechnology. "The increasing level of state activity raises the question of whether or not state laws will ultimately create a checkerboard of inconsistent legislation where rules for agricultural biotechnology vary from state-to-state."

Highlights of the 2003-2004 analysis include:

• In the 2003-2004 session, 39 bills were introduced in state legislatures addressing future biotech products including genetically modified wheat and coffee, crops and animals designed to produce pharmaceutical or industrial compounds, and transgenic fish. In comparison, only 10 bills addressing future products were introduced during the 2001-2002 session.

• The 2003-2004 legislative session was the most robust to date for agricultural biotechnology. 170 pieces of legislation (156 bills and 14 resolutions) related to agricultural biotechnology were introduced in 35 different states. This represents a 7% increase over the amount of legislation introduced in 39 different state legislatures in 2001-2002.

• Hawaii continued to introduce more bills regarding agricultural biotechnology than any other state. Whereas 15 bills and 8 resolutions were introduced in Hawaii during the 2001-2002 session, 32 bills and 7 resolutions were introduced in the 2003-2004 session. The Iowa legislature was the source of the second most legislation (16 bills) introduced in any one statehouse, followed by Michigan (13 bills).

• No bills introduced in the 2003-2004 session address the violent or willful destruction of GM crops. Since "anti-crop destruction" was the largest category of bills introduced during the 2001-2002 session, the absence of any bills on this topic likely means that legislation passed in prior sessions has addressed all concerns related to crop vandalism.

• More bills supporting biotechnology, particularly as a tool for economic development, were introduced in 2003-2004. The 58 pieces of legislation (55 bills and 3 resolutions) introduced in 20 state legislatures which implemented research and education initiatives, facilitated economic and business development for the state, or offered tax incentives to biotechnology corporations and businesses, comprised 34% of the total number of bills introduced at the state level in 2003-2004. In comparison, only eight pieces of comparable legislation were introduced in 2001-2002.

• Only 22% of the legislation introduced (37 bills and resolutions) actually passed and became law. This was down slightly from the 2001-2002 legislative session during which 45 pieces of legislation passed (28% of the total introduced).