A possible regulatory compromise on canola would allow the crop to expand beyond 500 acres in Oregon’s Willamette Valley if the seed isn’t genetically engineered.

However, it’s unclear whether any upcoming legislative proposals will incorporate the idea, which was floated by a work group convened by Gov. Tina Kotek last autumn.

The region’s 500-acre canola limit, originally established in 2013, would continue to apply under the concept unless the seeds are certified as free of genetically engineered traits, noxious weeds and blackleg disease, said Kathy Hadley, a farmer who took part in the work group negotiations.

Because totally removing any production cap would be “a large departure from the current system,” seeds certified as non-GE could be subject a 5,000-acre limit that would “support local processing” of the oilseeds, according to a report on the proposal.

Keeping the 500-acre limit except for certified non-GE varieties would likely be an “easier sell” politically because it “sounds less harsh” than a prohibition on biotech canola, Hadley said.

“Even though it’s essentially doing the same thing, the optics of it are maybe better,” she said.

The work group was worthwhile because the participants were able to reach some agreement, but it’s unlikely the proposal will gain traction in the upcoming legislative session, said Kenny Smith, an agronomist at Universal Seed and president of the Willamette Valley Specialty Seed Association.

“I don’t think that it has legs and the Governor’s Office knows that because certain groups can’t get over any limitation to GE,” said Smith, who was in the work group.

Under the new proposal, “isolation distances” of three miles would be required between certified non-GE canola and related seed crops to prevent cross-pollination.

That distance would increase to six miles for canola seed that’s genetically engineered or otherwise doesn’t meet certification requirements. Growers would have the “flexibility” to bypass isolation distances and plant at closer proximities if they set terms under “enabling written agreements.”

GMO sticking point

The regulation of genetically engineered canola has been a frequent sticking point in more than a decade of negotiations over the crop.

Specialty seed producers fear cross-pollination with GE varieties would destroy their market, while some agriculture groups don’t want to set a precedent of restricting biotechnology.

The new proposal is significant as it was developed under the auspices of the Governor’s Office, with Kotek’s senior natural resources adviser, Geoff Huntington, participating in the discussions, Hadley said.

Last year, lawmakers again extended the 500-acre limit until 2028 rather than try passing a bill aimed at coexistence between canola and related Brassica seed crops. The recent work group, which included six farmers on both sides of the canola issue, offered the chance to arrive at a compromise before the 2025 legislative session instead of waiting until 2027 as the acreage cap neared expiration.

However, neither the governor nor the Oregon Department of Agriculture has introduced a canola bill based on the work group’s proposal this year.

A spokesperson said that Kotek “appreciates the work of the group and hopes the report can provide legislators a fresh perspective on a challenging issue to solve.”

Hadley said the work group has moved the canola debate forward, at least to the extent that Kotek’s office is more invested in the issue.

“For better or worse, people need to hear things firsthand to really understand and buy into them,” she said. “It should help her ability to get involved, should we get legislation that would get some traction, but it remains to be seen whether we’ll have that.”

On the other hand, Hadley said she’d prefer if Kotek’s office played a more active role from the outset of the legislative session.

“It’s frustrating not to have more of a push from them or the ODA to actually accomplish something,” she said.

Rep. Anna Scharf, R-Amity, said she has introduced “placeholder” bills in the House and Senate that could be amended to address canola regulation, but she has concerns about the work group’s proposal.

Rather than focus on commodity production of canola, the report emphasizes expansion of certified canola seed stock, whose “acres are very limited and will not fill the demand that farmers in the Willamette Valley have for a rotation crop,” Scharf said.

The proposed six-mile isolation distance for GE canola is also double what has been in force for 10 plus years and “has no scientific reasoning,” she said in an email.

Scharf said she appreciates that Kotek convened the work group but was disappointed it didn’t include representatives of the grass seed industry, which faces low prices and a crop surplus that could be alleviated with expanded canola acreage.

“What is clear is that the discussion must continue this session for the sake of Oregon’s grass seed industry and family farms in general,” Scharf said. “Waiting is not an option. Waiting for more family farmers to go out of business is not the solution.”