ST. LOUIS — An appropriations bill signed March 27 by President Barack Obama has an important section that farmers need to fully understand, according to a coalition of farm organizations that supported its passage. Known as the Farmer Assurance Provision, it was designed to mitigate the effects of repeated and future procedural lawsuits from anti-biotechnology activists aimed at driving the technology out of the marketplace – including technology that has already gone through a stringent regulatory review process.

Among those supporting the provision are the American Farm Bureau Federation, American Soybean Association, American Sugarbeet Growers Association, National Alfalfa & Forage Alliance, National Association of Wheat Growers, National Corn Growers Association and the National Cotton Council of America.

The provision, Section 735 of the law, assures farmers that the crops they plant could continue to be grown, subject to appropriate interim conditions, while disputes about the sufficiency of federal paperwork are resolved. This protects farmers by providing them with the assurance that once they have adopted an approved product, their ability to plant and harvest their crop will not be unnecessarily jeopardized.

“The  National  Corn  Growers  Association  supports  this  provision  because  it’s  important  that  farmers  who   grow previously deregulated crops are not penalized when activists find a sympathetic judge,”  said   NCGA President Pam Johnson, an Iowa corn farmer. “It’s  important  we’re  allowed  to  keep  our  crops  in   the ground until these attacks are resolved.”

“Farm  Bureau  fully  supports  the  assurance  provision  because  it  preserves  the  freedom  and  certainty that  farmers  need  to  plant  the  crops  of  their  choice,”  said  AFBF  President  Bob  Stallman.  “This  measure   provides certainty that a planted crop will also be a harvested crop. With the uncertainties of weather, markets and global economics, it is good to have  a  law  in  place  that  farmers  can  count  on.”

“Section  735  is  called  the  ‘Farmer Assurance Provision’ for  a  reason.  It’s  because  the  provision   establishes certainty that the rules in place when we plant our crops are the same ones in place when we go to harvest them,” said Danny Murphy, a soybean farmer from Canton, Miss., and president of the American Soybean Association. “Without the provision in place, opponents of biotech have been able to use procedural, non-science based lawsuits to move the goalposts on farmers who depend on biotech innovations  to  grow  more  while  using  less.”  

“Agriculture  is  an  extremely  risky  business,  and  it  makes  no  sense  to  potentially  jeopardize  producers’   livelihoods by putting them in the position of not being able to harvest  their  crops  because  of  a  lawsuit,”   said  National  Association  of  Wheat  Growers  President  Bing  Von  Bergen,  a  farmer  from  Montana.  “The   Farmer  Assurance  Provision  that  is  included  in  the  continuing  resolution  prevents  that  from  happening.”

Anti-biotechnology organizations have repeatedly used procedural lawsuits as a tactic to try to overturn science-based decisions by the USDA, disrupt the regulatory process and jeopardize the ability of farmers to use approved biotechnology that is safe and beneficial. Those same groups have publicly stated that they intend to continue to use the court system to block the commercialization of products.

In the days before and after President Obama signed the bill, numerous myths about the Farmer Assurance Provision were offered in the mainstream news media and online by activists. The key facts under the law are as follows:

  • Section 735 does not protect USDA or any biotech company from litigation or any court action related  to  the  review  of  USDA’s  approval  of  a  biotech  trait. Section 735 explicitly, and only temporarily, protects farmers who plant biotech traits in reliance on USDA review and approval.
  • The Secretary of Agriculture already has emergency authority to remove an approved biotech trait from the market at any time if a risk to human or plant health is discovered. This authority is unaffected by the Farmer Assurance Provision.
  • The  provision  does  not  restrict  the  right  to  challenge  USDA’s  determination  that  a  product  does   not present a plant pest risk, nor does it prevent judicial review of that question or procedural matters  related  to  an  agency’s  determination.

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