Genetically Engineered Crops: How the Courts Dismantled the Doctrine of Substantial Equivalence
Findley - For Publication (Do Not Delete) 3/9/2017 11:08 AM GENETICALLY ENGINEERED CROPS: HOW THE COURTS DISMANTLED THE DOCTRINE OF SUBSTANTIAL EQUIVALENCE TREVOR FINDLEY† INTRODUCTION Most Americans with a basic understanding of civics can tell you that the legislative branch creates the law, the executive branch implements the law, and the judicial branch interprets the law. Any lawyer can tell you that the lines between creating, implementing, and interpreting the law are not clear cut. Absent meaningful guidance from Congress, blurred lines and inconsistent interpretations are particularly apparent in the regulation of biotechnology in the United States. Because the laws governing biotechnology are based on laws that predate the advent of genetically engineered (“GE”) crops,1 they are often inadequate to address the unique concerns presented by genetic engineering, such as compositional differences in food products, cross-pollination with non-genetically engineered crops, and what authority agencies have to regulate and monitor the use of GE products. As a result, Congress needs to provide meaningful authority for the regulation of biotechnology. Copyright © 2016 Trevor Findley. † Masters of Law in Food and Agricultural Law, University of Arkansas School of Law. Doctor of Jurisprudence, Willamette University College of Law. Masters in Education, University of Nevada Las Vegas. Bachelor of Arts, Willamette University. I wish to thank Professor Pamela Vesilind for her valuable guidance and feedback during the writing process. 1. Throughout this article, “genetically engineered,” “genetic engineering” and “biotechnology” refer to modern biotechnology, which are “new and controversial techniques which involve the transfer of genes between species in a manner and at a speed not previously possible.” Rebecca Bratspies, Some Thoughts on the American Approach to Regulating Genetically Modified Organisms, 16 KAN.
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