Senate passes modified-seed liability bill

By Ross Sneyd
The Associated Press

MONTPELIER -- A bill that would make seed manufacturers liable for damages when genetically modified seeds drift into other crops won final Senate approval Tuesday, but it faces strong opposition before it can become law.

Despite a great deal of sometimes heated backroom debate among senators, the bill passed by a 26-1 vote and was sent to the House, which has not acted on the issue this session.

The heart of the controversy concerned farmers who do not choose to use genetically altered seeds. The goal of advocates was to protect those farmers from liability if such modified seeds ended up on the farmers' property. Manufacturers of those seeds, under the bill, would be liable for any damages the farmer suffered, such as an organic farm's not being able to sell its crops as organic.

The issue that especially generated opposition involved the concept of "strict liability," which would mean seed manufacturers would be responsible for damages their products caused even if the manufacturer was found not to be at fault. For example, if whoever used the seed did not follow the manufacturer's instructions on the label.

"I really feel that we as a body are making a major error in supporting the strict liability, an issue that has not caused one problem in Vermont," said Sen. Robert Starr, D-Essex/Orleans.

He said one company had warned that it would stop doing business in the state if the bill became law. "I would expect other companies to follow suit," he said. "All the great work we've done last year and the year before ... will kind of go by the wayside."

Others argued that the bill would help to give farmers a little clout against the strength of seed companies.

"This bill offers protection without threatening the use of genetically engineered seeds in this state," said Sen. James Leddy, D-Chittenden.

Despite disputes among senators in the hallways, the bill ultimately passed only with the opposition of Sen. Wendy Wilton, R-Rutland.

As the bill moves to the House, there is opposition from Agriculture Secretary Steve Kerr, who has said he would urge the governor to veto it.