Sonoma County unlikely to act quickly on genetically modified crops

The Sonoma County Board of Supervisors isn’t likely to act on demands for an urgency ordinance banning genetically modified organisms prior to a new state law taking effect in January.

“As much as I would love to have a long conversation about GMO-free, whether it’s an ordinance or a place-holder ordinance, I don’t think it’s going to happen,” Supervisor Susan Gorin said Friday.

Gorin had urged supervisors to take up the issue in light of the new law, which critics fear could prevent local jurisdictions from regulating seeds, plants and crops - including GMOs - without prior approval from the secretary of the state Department of Food and Agriculture.

The Sebastopol City Council on Tuesday unanimously supported a resolution calling on county supervisors to enact an ordinance banning GMOs. Santa Rosa Mayor Scott Bartley also sent a letter to the board calling on supervisors to protect local authority over plants, seeds and crops.

But Supervisor David Rabbitt, the board’s chairman, on Friday did not express urgency to do anything at this time.

“The clock is not ticking in terms of what we need to do,” Rabbitt said. “If we’re going to do anything, we’re going to do it in a thoughtful and deliberate way, that is totally transparent and brings us the best information.”

The controversy focuses on wording in a bill signed Aug. 25 by Gov. Jerry Brown that states “a city, county, or district, including a charter city or county, shall not adopt or enforce an ordinance that regulates plants, crops, or seeds without the consent of the secretary.”

Critics maintain the bill language clearly gives state officials new power to control agricultural matters at the local level.

“I don’t see how that can be interpreted any other way than how it is written,” said Karen Hudson, coordinator of the group Sonoma County Label GMOs.

Officials with the state food and ag agency, however, stated that Assembly Bill 2470, which contains the disputed wording, does not pertain to the regulation of GMOs. They stated that the request for state pre-emption arose from a proposed invasive plant policy in the city of Encinitas, in San Diego County.

Supervisors on Nov. 4 asked county attorneys to come back to them with their own interpretation of the new law. Rabbitt on Thursday released a summary of the analysis, which agreed with state officials that the new law does not prevent the county from regulating GMOs.

“To the contrary, the bill neither references GMOs nor specifies which plants, crops, or seeds are subject to its provisions,” the summary of the analysis stated.

Efforts to ban food containing genetically modified organisms or require labeling have generally failed at the polls. The federal government, many scientists and food producers say such foods are safe, while critics contend the crops need to be studied further or even that they pose a health risk. Such critics say that if genetically modified crops are not regulated now, and are later proved to be harmful, it will be difficult to stop them from contaminating unmodified crops.

Currently, most soybeans, cotton and corn grown in the U.S. have been genetically modified.

County Counsel Bruce Goldstein on Friday declined to make public the full 13-page report on the grounds that it is a legal document and therefore protected by attorney-client privilege.

He said his own conclusion, based on the state’s interpretation of AB 2470, is that the new law “does not require any rushed action” and that “its limited scope affords the opportunity for a more deliberative consideration of the GMO issue.”

He said the county’s analysis was focused only on GMOs, and not whether the new law somehow preempts local government from having legislative authority on other subjects.

Hudson said the law’s potential scope continues to concern her.

“I think we need to redirect to working with the state to see what they can do to clarify this,” she said. “It’s important that cities and counties and districts maintain their control, even without considering GMOs.”

You can reach Staff Writer Derek Moore at 521-5336 or derek.moore@pressdemocrat.com. On Twitter @deadlinederek.