The US House of Representatives quietly passed a last-minute addition to the Agricultural Appropriations Bill for 2013 last week - including a provision protecting genetically modified seeds from litigation in the face of health risks.

The rider, which is officially known as the Farmer Assurance Provision, has been derided by opponents of biotech lobbying as the “Monsanto Protection Act,” as it would strip federal courts of the authority to immediately halt the planting and sale of genetically modified (GMO) seed crop regardless of any consumer health concerns.

The provision, also decried as a “biotech rider,” should have gone through the Agricultural or Judiciary Committees for review. Instead, no hearings were held, and the piece was evidently unknown to most Democrats (who hold the majority in the Senate) prior to its approval as part of HR 993, the short-term funding bill that was approved to avoid a federal government shutdown.

Senator John Tester (D-MT) proved to be the lone dissenter to the so-called Monsanto Protection Act, though his proposed amendment to strip the rider from the bill was never put to a vote.

As the US legal system functions today, and largely as a result of prior lawsuits, the USDA is required to complete environmental impact statements (EIS) prior to both the planting and sale of GMO crops. The extent and effectiveness to which the USDA exercises this rule is in itself a source of serious dispute.

The reviews have been the focus of heated debate between food safety advocacy groups and the biotech industry in the past. In December of 2009, for example, Food Democracy Now collected signatures during the EIS commenting period in a bid to prevent the approval of Monsanto’s GMO alfalfa, which many feared would contaminate organic feed used by dairy farmers; it was approved regardless.

Previously discovered pathogens in Monsanto’s Roundup Ready corn and soy are suspected of causing infertility in livestock and to impact the health of plants.

So, just how much of a victory is this for biotech companies like Monsanto? Critics are thus far alarmed by the very way in which the provision made it through Congress -- the rider was introduced anonymously as the larger bill progressed through the Senate Appropriations Committee. Now, groups like the Center for Food Safety are holding Senator Mikulski (D-MD), chairman of that committee, to task and lobbing accusations of a “backroom deal” with the biotech industry.

As the Washington Times points out, the provision’s success is viewed by many as a victory by companies like Syngenta Corp, Cargill, Monsanto and affiliated PACs that have donated $7.5 million to members of Congress since 2009, and $372,000 to members of the Senate Appropriations Committee.

It remains unclear whether the bill’s six-month expiration means that the provision will be short-lived. Regardless, Food Democracy Now has begun a campaign calling on US President Barack Obama to veto the Continuing Resolution spending bill, which seems unlikely as HR 933 includes a sweeping amount of government funding.

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