The following are some loosely organized thoughts about an initiative measure on California’s ballot, Proposition 37. The proposal is for a requirement to label foods sold in the state that contain–or potentially contain–genetically modified (GM) ingredients.

As someone who has grown organic, usually buys organic, and has some belief (which I can’t claim to be proven) of an allergy to some GM products, I would be inclined towards a yes vote. However, this is not an easy one for me, because there are numerous problems with the measure.

When I look at the list of supporters and opponents, I don’t really like those I’d be siding with if I voted no. If we look upon it as a battle of organized interests over distribution of rents, I’ll go with the organic industry over Monsanto and DuPont every time. But if we’re concerned about good government and sensible consumer-information provision, it’s an easy no.

This is a bad way to go about labelling. Prop 37 has zero tolerance for GM traces,¹ which means the standard for commingling will be stricter for conventionally grown foods than for organic. The EU and Australia/New Zealand standards allow trace amounts, and it’s almost impossible to avoid some cross-contamination. So almost every non-organic item will bear the label, if 37 passes. What use is that? It’s better to have a standard for “GM free” (but not organic, given that organic us GM-free, within the allowed tolerance) than to label almost everything conventional as (potentially) having GMO. And, of course, there already exist third-party certifications for GMO-free, or you can buy organic. On the other hand, if you agree that our political system has been mostly deaf to calls for stricter standards–as I do–then it’s an easy yes. To me, a yes vote is more a crying out for political attention than a vote for the specific set of standards this would impose.

Fortunately, as far as I can tell. Prop 37 doesn’t have an amendment clause preventing legislative adjustment. One principle I adhere to in most propositions is vote no, whatever the seeming merits, if only a subsequent initiative can amend the proposition. Others require 2/3 votes of the legislature to amend–also bad, but not as bad. I don’t see any such clause in this one, which I think means it would be just like an ordinary statute.

I also dislike, on principle, prop 37′s clause allowing lawsuits against retailers without a “harm” standard.

Further, I dislike that dried fruits are classified as “processed” and therefore subject to labeling requirement. It won’t affect me, because I eat only organic fruits, usually grown right under my own watchful eye. But on principle, this just is non-sensical. (The “processing” designation also applies to smoking, canning, and other preparations that involve only the fruit or vegetable, which is not how I think of “processed foods” more generally.)

I will probably end up voting yes, despite my very significant reservations. It will be a political vote for me, not a policy vote. And that’s all right; as long as we have this nutty initiative process, I might as well vote to push things in a direction I favor, even if the measure is very far from perfect. If I were to learn before Tuesday that I am wrong in my belief that this could be amended by future action of the legislature, I might vote no. For sure, there will be “amendments” from the courts, but that certainly doesn’t make this initiative particularly unusual.

1. Much of this paragraph is based on my reading of the proposal itself (see first link above), and some of it on a report by researchers at the Giannini Foundation of Agricultural Economics at UC Davis. [↩]