Proposition 37 was a
California ballot measure
In California, a ballot proposition is a referendum or an initiative measure that is submitted to the electorate for a direct decision or direct vote (or plebiscite). If passed, it can alter one or more of the articles of the Constitution of Cal ...
rejected in California at the
statewide election on November 6, 2012. This
initiative
In political science, an initiative (also known as a popular initiative or citizens' initiative) is a means by which a petition signed by a certain number of registered voters can force a government to choose either to enact a law or hold a pu ...
statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
would have required labeling of
genetically engineered food, with some exceptions. It would have disallowed the practice of
labeling genetically engineered food with the word "natural."
This proposition was one of the main concerns by the organizers of the
March Against Monsanto
The March Against Monsanto is an international grassroots movement and protest against Monsanto, a producer of genetically modified organisms (GMOs) and Roundup, a glyphosate-based herbicide. The movement was founded by Tami Canal in response ...
in May 2013.
Details
Section 2 of Proposition 37, the "Statement of Purpose", reads "The purpose of this measure is to create and enforce the fundamental right of the people of California to be fully informed about whether the food they purchase and eat is
genetically engineered
Genetic engineering, also called genetic modification or genetic manipulation, is the modification and manipulation of an organism's genes using technology. It is a set of technologies used to change the genetic makeup of cells, including t ...
and not misbranded as natural so that they can choose for themselves whether to purchase and eat such foods. It shall be liberally construed to fulfill this purpose".
The proposed law also includes several exceptions, such as products that are certified organic, made from animals fed or injected with genetically engineered material (but not genetically engineered themselves), processed with or containing only small amounts of genetically engineered ingredients, administered for treatment of medical conditions, sold for immediate consumption such as in a restaurant; and alcoholic beverages.
Grocery stores and other retailers would be primarily responsible for ensuring that their food products are correctly labeled. For foods that are exempt, retailers would have to provide records either directly from the provider of the product, or by receiving independent certification from third parties. Farmers, food manufacturers, and every other party in the product's supply chain would also have to maintain such records.
Potential impact
According to the
California Attorney General
The attorney general of California is the state attorney general of the Government of California. The officer's duty is to ensure that "the laws of the state are uniformly and adequately enforced" (Constitution of California, Article V, Section ...
, the measure would "increase annual state costs ranging from a few hundred thousand dollars to over $1 million to regulate the labeling of genetically engineered foods". It would also incur "Potential, but likely not significant, costs to state and local governments due to litigation resulting from possible violations of the requirements of this measure. Some of these costs would be supported by court filing fees that the parties involved in each legal case would be required to pay under existing law."
Arguments for and against
Proponents argue that "Proposition 37 gives us the right to know what is in the food we eat and feed to our families. It simply requires labeling of food produced using genetic engineering, so we can choose whether to buy those products or not. We have a right to know."
Opponents argued that "Prop. 37 is a deceptive, deeply flawed food labeling scheme, full of special-interest exemptions and loopholes. Prop. 37 would: create new government bureaucracy costing taxpayers millions, authorize expensive shakedown lawsuits against farmers and small businesses, and increase family grocery bills by hundreds of dollars per year."
Opponents said Proposition 37 labeling requirements would increase grocery costs by as much as $400 per year based on a study by Northbridge Environmental Consultants and the non-partisan California Legislative Analyst's Office fiscal impact study.
Proponents on the other hand, said that some organic US food processors argued that the changes in labeling will have no effect on consumer costs because companies change their labeling all the time, as it is, and changing labels is a regular cost already built into the price consumers pay for products. “We, as with most manufacturers, are continually updating our packaging. It is a regular cost of doing business - a small one at that - and is already built into the price consumers pay for products,” said
Arran Stephens
Arran Blackburn Stephens (born 1944) is a Canadian entrepreneur, author, and philanthropist. He is co-founder of Nature's Path, a leading manufacturer of organic foods. He is regarded as a pioneer in the food industry and has received numerou ...
, president and founder of Nature's Path.
Proponents believed that if the proposition is accepted in California, it would increase the likelihood that other states will also adopt the same rules. In turn, if enough states do decide to adopt GMO labeling laws, it is possible that the national government will become involved and take action.
Opponents claimed Prop 37 backers real intent was to ban GMOs via labeling schemes removing consumer choices, citing claims by proponents like
Jeffrey M. Smith that labeling requirements in California would cause food companies to source only non-GMO foods to avoid having labels that consumers would perceive as warnings.
During the campaign, both sides made allegations of campaign improprieties.
Campaign donations
The organization in support is "California Right to Know" and the organization against is "NO Prop. 37, Stop the Deceptive Food Labeling Scheme". As of November 6, 2012, the total donations to each side were $9.2 million in support, and $46 million in opposition. The top 10 donors to each side are as follows:
;Supporters
*
Mercola Health Resources $1,199,000
*
Kent Whealy
Kent Whealy (April 27, 1946 – March 23, 2018) was an American activist, journalist and philanthropist who co-founded Seed Savers Exchange and promoted organic agriculture and the saving of Heirloom plant, heirloom seeds. Raised in Wellington, ...
$1,000,000
*
Dr. Bronner's Magic Soaps
Dr. Bronner's Magic Soaps is an American producer of Organic product, organic soap and personal care products headquartered in Vista, California. The company was founded in the late 1940s by Emanuel Bronner and continues to be run by members of t ...
$620,883
*
Nature's Path Foods $610,709
*
Organic Consumers Fund $605,667
*Ali Partovi $288,975
*Mark Squire $258,000
*
Wehah Farm $251,000
*
Amy's Kitchen
Amy's Kitchen is a family-owned, privately-held American company based in Petaluma, California, that manufactures organic and non- GMO convenience and frozen foods. Founded in 1987 by Andy and Rachel Berliner, and incorporated since 1988, the c ...
$200,000
*The Stillonger Trust (Mark Squire, Trustee) $190,000
;Opponents
*
Monsanto Company
The Monsanto Company () was an American agrochemical and agricultural biotechnology corporation founded in 1901 and headquartered in Creve Coeur, Missouri. Monsanto's best known product is Roundup (herbicide), Roundup, a glyphosate-based herbic ...
$8,112,867
*
E.I. Dupont De Nemours & Co. $5,400,000
*
PepsiCo, Inc.
PepsiCo, Inc. is an American multinational food, snack, and beverage corporation headquartered in Harrison, New York, in the hamlet of Purchase. PepsiCo's business encompasses all aspects of the food and beverage market. It oversees the manufa ...
$2,585,400
*
Grocery Manufacturers Association
The Consumer Brands Association (CBA), formerly the Grocery Manufacturers Association (GMA), is a United States-wide trade association for manufacturers of consumer packaged goods (CPG).
The CBA represents companies that manufacture food, bever ...
$2,002,000
*
Kraft Foods
The second incarnation of Kraft Foods is an American food manufacturing and processing conglomerate, split from Kraft Foods Inc. in 2012 and headquartered in Chicago, Illinois. It became part of Kraft Heinz in 2015.
A merger with Heinz, arra ...
$2,000,500
*
BASF Plant Science
BASF Plant Science is a subsidiary of BASF in which all plant biotechnology activities are consolidated. The company was founded in 1998 and employs approximately 700 people at 6 different locations worldwide. The headquarters of BASF Plant Scienc ...
$2,000,000
*
Bayer Cropscience
Bayer AG (, commonly pronounced ; ) is a German multinational pharmaceutical and biotechnology company and one of the largest pharmaceutical companies in the world. Headquartered in Leverkusen, Bayer's areas of business include pharmaceutica ...
$2,000,000
*
Dow AgroSciences
Dow AgroSciences LLC was a wholly owned subsidiary of the Dow Chemical Company specializing in not only agricultural chemicals such as pesticides, but also seeds and biotechnology solutions. The company was based in Indianapolis, Indiana, in ...
$2,000,000
*
Syngenta Corporation $2,000,000
*
Coca-Cola North America $1,700,500
Result
Proposition 37 was defeated, gaining 48.6% of voters at the polls in 2012.
If it had passed, California would have been the first state to require GMO labeling.
See also
*
Genetically modified food
Genetically modified foods (GM foods), also known as genetically engineered foods (GE foods), or bioengineered foods are foods produced from organisms that have had changes introduced into their DNA using the methods of genetic engineering. Gene ...
*
Genetically modified food controversies
Genetically modified food controversies are disputes over the use of foods and other goods derived from genetically modified crops instead of conventional crops, and other uses of genetic engineering in food production. The disputes involve co ...
*
Regulation of the release of genetic modified organisms
The regulation of genetic engineering varies widely by country. Countries such as the United States, Canada, Lebanon and Egypt use '' substantial equivalence'' as the starting point when assessing safety, while many countries such as those in t ...
*
Oregon Ballot Measure 27 (2002)
Ballot Measure 27 of 2002 would have required the mandatory labelling of all genetically modified food sold in the U.S. state of Oregon. The measure was defeated in the November 5, 2002 general election with 371,851 votes in favor, 886,806 votes ag ...
References
External links
Official CA Voter Information Guide - Proposition 37Official Yes on Prop 37 websiteOfficial No on Prop 37 website{{CA2012elections
2012 California ballot propositions
Ecolabelling
Environmental issues in California
Genetic engineering in the United States
Initiatives in the United States