Directly to the Voters
The county counsel has prepared the following title and summary of the
chief purpose and points of the proposed measure:
Ordinance Prohibiting Propagation, Cultivation, Raising or Growing
of Genetically Modified Organisms in Humboldt County
The purpose of the proposed ordinance is to prohibit the propagation,
cultivation, raising or growing of genetically modified organisms in Humboldt
County. Genetically modified organisms means specific organisms whose
native intrinsic DNA has been intentionally altered or amended with non
species DNA. It does not include organisms created by traditional breeding
or hybridization or microorganisms created by moving genes or gene segments
between unrelated bacteria.
The ordinance would make it unlawful for any person, firm or corporation
to propagate, cultivate, raise or grow genetically modified organisms
in Humboldt County. The Agricultural Commissioner of Humboldt County would
be required to notify any person that may be in violation of the ordinance
that the organisms are subject to confiscation and destruction. Such person
would have five (5) days to respond to such notification with evidence
that such organisms are not in violation. The Agricultural Commissioner
would consider the evidence presented and any other relevant evidence,
and make a determination as soon as possible, but at least before any
genetic pollution may occur.
Upon a determination that a violation exists, the Agricultural Commissioner
shall confiscate and destroy any such organisms before any genetic pollution
may occur. In addition to confiscation and destruction of any organisms
found to be in violation, a monetary penalty and/or imprisonment shall
be imposed taking into account the amount of damage, any potential damage
and the willfulness of the person, firm or corporation.
Notice of Intent to Circulate Petition
Notice is hereby given by the persons whose names appear hereon of their
intention to circulate the petition within the County of Humboldt for
the purpose of PROHIBITING THE PROPAGATION, CULTIVATION, RAISING, OR GROWING
OF GENETICALLY MODIFIED ORGANISMS (GMOs) IN HUMBOLDT COUNTY. A statement
of the reasons of the proposed action as contemplated in the petition
is as follows:
GMOs have the potential for irreversible harm to the environment of Humboldt
County and its economy because they have the potential for genetic pollution
of indigenous and cultivated species including but not limited to agricultural
products, marine organisms such as salmon, and livestock. Genetic material
from GMOs such as pollen can also irreversibly contaminate organic agricultural
products grown on private property. Because of these dangers, it is prudent
to prohibit the propagation, cultivation, raising, and growing of GMOs
in Humboldt County.
Humboldt County Green Party
PO Box 114, Arcata, CA 95518
Signed Angela L. Flynn 12/17/03
Title: Chair, Central Committee
3067 Foster Road, Arcata, CA 95521
COUNTY ORDINANCE PROHIBITING GROWING OF GENETICALLY MODIFIED
ORGANISMS
Section 1. Finding. The people of Humboldt County wish
to protect the county’s agriculture, environment, economy, and private
property from genetic pollution by genetically modified organisms.
Section 2. Prohibition. It shall be unlawful for any
person, firm, or corporation to propagate, cultivate, raise, or grow genetically
modified organisms in Humboldt County.
Section 3. Definitions.
(a) Genetically modified organisms means specific organisms whose native
intrinsic DNA has been intentionally altered or amended with non species
specific DNA.
For purposes of this ordinance, genetic modification does not include
organisms created by traditional breeding or hybridization, or to microorganisms
created by moving genes or gene segments between unrelated bacteria.
(b) DNA or deoxyribonucleic acid means a complex protein that is present
in every cell of an organism and is the ‘blueprint’ for the
organism’s development.
(c) Organism means any living thing.
(d) Agricultural Commissioner means the Agricultural Commissioner of Humboldt
County.
Section 4. Penalties.
(a) The Agricultural Commissioner shall notify any person, firm, or corporation
that may be in violation of Section 2 of this Ordinance, that any organisms
in violation of this Ordinance are subject to confiscation and destruction.
(b) Any person, firm, or corporation that receives notification under
subparagraph (a) shall have five (5) days to respond to such notification
with evidence that such organisms are not in violation of this Ordinance.
(c) Upon receipt of any evidence under paragraph (b), the Agricultural
Commissioner shall consider such evidence and any other evidence that
is presented or which is relevant to a determination of such violation.
The Agricultural Commissioner shall make such determination as soon as
possible, but at least before any genetic pollution may occur.
(d) Upon making a determination that a violation of this Ordinance exists,
the Agricultural Commissioner shall cause to be confiscated and destroyed
any such organisms that are in violation of this Ordinance before any
genetic pollution may occur.
(e) If the Agricultural Commissioner determines there has been a violation
of this Ordinance, in addition to confiscation and destruction of any
organisms that are found to be in violation, the Agricultural Commissioner
shall impose a monetary penalty and/or imprisonment on the person, firm,
or corporation responsible for the violation, taking into account the
amount of damage, any potential damage, and the willfulness of the person,
firm, or corporation.
