New Article to Help Organic Farmers Understand Laws Prohibiting Use of Genetically Modified Organisms

The report this article refers to is available here (pdf)

October 2007
Jill Krueger

ST. PAUL, MINN. —Most organic farmers are aware that they may not plant genetically modified organisms (GMOs), or seeds developed through genetic engineering, if they wish to market their crops as organic. Yet they may have questions about their legal rights and responsibilities with respect to the unintended presence of GMOs. Organic farmers and farmers transitioning to organic production need information about the regulations governing organic certification. To try to meet the need for legal information, Farmers’ Legal Action Group, Inc. (FLAG) has written a new article, If Your Farm Is Organic, Must It Be GMO Free? Organic Farmers, Genetically Modified Organisms, and the Law.

This article examines requirements to avoid the use of genetic engineering that affect crop and livestock farmers who are certified organic, or who wish to become certified organic. It also briefly addresses handling requirements as they apply to organic farmers. The article concludes with a brief discussion of sales contracts and the ways in which they may impose responsibilities upon farmers that differ from the requirements for organic certification.

In 2004, FLAG published a Farmers’ Guide to GMOs. The new article is a companion piece to the book. “Organic farmers have particular concerns, from maintaining their organic certification to meeting the requirements of their buyers,” notes FLAG attorney Jill Krueger. “Unfortunately, the regulations can be confusing, and answers to some legal questions that organic farmers have are still unclear. The article discusses the importance of addressing issues related to GMOs throughout the organic plan as a way to minimize the risk of violating National Organic Program requirements. The article also discusses the importance of carefully considering risks and negotiating the contract before making promises related to genetically modified organisms to buyers.”

Farmers may download a free copy of the 40-page article by visiting FLAG’s website, www.flaginc.org. Printed copies can be obtained by calling FLAG’s office at 651-223-5400. In Minnesota, the phone call is toll-free at 1-877-860-4349. Printed copies are available to financially distressed farmers in Minnesota at no charge, for all others, the cost is $ 11.00, including postage.

FLAG is a nonprofit law center in St. Paul, Minnesota, dedicated to providing legal services to family farmers and their rural communities in order to help keep family farmers on the land.