还有奥巴马签的那个脑残孟山都保护法,说即使以后发现孟山都的产品有害,美国联邦法院也不可以追究孟山都的任何责任,而且,即使发现有害,任然不可以用任何手段限制孟山都产品的传播和销售。 有人竟然以此为证据证明转基因无害。脑残无底线啊。
据说那个法是孟山都的律师起草并定稿的,奥巴马就是在上面签了个字。
看你提了几次孟山都保护法,从你对它的概括来看,好像是很“脑残”的。今天终于化时间把法案内容找出来看了看。
看起来,这个法案的逻辑基础,跟不久前台湾法院核准对王金平提出的“假处分”的道理很相似。
Farmer Assurance Provision
The
Farmer Assurance Provision refers to Section 735 (formerly Section 733) of US H.R. 933, a bill that was passed by the Senate on March 20, 2013 and then signed into law as part of the
Consolidated and Further Continuing Appropriations Act, 2013 by
PresidentBarack Obama on March 26, 2013.
[1] The provisions of this law remained in effect for six months, until the end of the
fiscal year on September 30, 2013.
[2] The bill is commonly referred to as the “Monsanto Protection Act” by its critics.
[3][4][5]
Text
Sec. 735. In the event that a determination of non-regulated status made pursuant to section 411 of the
Plant Protection Actis or has been invalidated or vacated, the Secretary of Agriculture shall, notwithstanding any other provision of law, upon request by a farmer, grower, farm operator, or producer, immediately grant temporary permit(s) or temporary deregulation in part, subject to necessary and appropriate conditions consistent with section 411(a) or 412(c) of the Plant Protection Act, which interim conditions shall authorize the movement, introduction, continued cultivation, commercialization and other specifically enumerated activities and requirements, including measures designed to mitigate or minimize potential adverse environmental effects, if any, relevant to the Secretary's evaluation of the petition for non-regulated status, while ensuring that growers or other users are able to move, plant, cultivate, introduce into commerce and carry out other authorized activities in a timely manner: Provided, That all such conditions shall be applicable only for the interim period necessary for the Secretary to complete any required analyses or consultations related to the petition for non-regulated status: Provided further, That nothing in this section shall be construed as limiting the Secretary's authority under section 411, 412 and 414 of the Plant Protection Act.
[1]
Legal effect
If a biotech crop had already been approved (or deregulated) by the USDA and a court reversed that approval, the provision directed the Secretary of Agriculture to grant
temporary deregulation status at the request of a grower or seed producer, to allow growers to continue the cultivation of the crop
while legal challenges to the safety of those crops would still be underway.
[7]
法律效果(如有错译,敬请批评指正)
如果一项生物工程农作物已经通过美国农业部的批准(或解除管制)而法院却推翻这个批准,如果生产者或种子公司提出上诉,该条款指令农业部部长,可以给于生产者或种子公司
暂时性的许可,使其可以在有关安全性的法律诉讼尚未完成之前,继续生产该作物。