Oregon’s “right to farm” no barrier to county GMO-crop ban

A federal judge says the voter-enacted ban on GMO crops in Jackson County, in southwestern Oregon, “is legal under state law,” said the Medford Mail Tribune. Two alfalfa farms challenged the ban, approved a year ago, as a violation of Oregon’s “right to farm” law and also asked for $4.2 million as compensation if they had to destroy their genetically modified crops. The ordinance allowed a 12-month transition period, giving farmers time to harvest crops before they would have to be removed. Jackson County agreed not to enforce the ordinance while the lawsuit was pending.

“We’re still litigating that second half of the case,” said Joel Benton, the Jackson County attorney, by telephone. No date has been set for court action on it, he said. “It’s a valid ordinance. Just like the county does for all our ordinances, we’re defending it.”

In his ruling, U.S. Magistrate Judge Mark Clarke said the “right to farm” law bars local ordinances that attack common farming practices as a nuisance but it does not protect harmful practices, said the Associated Press. Said AP: “The Jackson County ordinance simply ‘serves to prevent such damage before it happens,’ he said.”

Jackson County voters approved the initiative by a 2-to-1 margin on May 20, 2014.

Our Family Farms Coalition said the decision “is a huge win for family farmers threatened by GMO contamination and a win for everyone who cares about the future of our food supply,” said Jefferson Public Radio. The Center for Food Safety, a GMO skeptic, said the decision could set a precedent for other GMO-free regions.

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