Organic Farm Group Sues Monsanto, Seeking Protection From GMO Contamination

cornfield
Acting on behalf of more than 50 organic farmers and seed dealers, the Public Patent Foundation (PUBPAT) has brought suit against biotech agricultur giant Monsanto.

It’s a preemptive suit, designed to ensure that Monsanto can’t sue the farmers and seed dealers once the inevitable happens and genetically modified (GMO) pollen contaminates their crops.

The USDA has recently approved GMO sugar beets and alfalfa; upwards of 90 percent of the US corn and soybean crop were already GMO.

The problem

When it announced that it was allowing nearly unrestricted planting of Montanto’s GMO alfalfa back in January, the USDA said that while a little contamination was likely to happen, it was not a big deal.

Pollen from GMO crops could easily blow into fields of standard or organic crops, but the USDA said it was nothing to worry about.

There’s just one problem with that theory. GMO pollen isn’t just a minor contaminant. GMO pollen is the patented intellectual property of the Monsanto Corporation.

And Monsanto has been very, very aggressive over the past decade about protecting its intellectual property, sending private investigators out to sample farmers fields, and suing whenever they have found their patented genes being “pirated” by farmers who weren’t licensed to grow them.

Monsanto maintained it didn’t matter if the genes blew into the farmers fields; it didn’t matter if the farmer didn’t WANT Monsanto’s damned GMO genes. Monsanto would sue for patent infringement, and won damages in the hundreds of thousands of dollars.

Striking first

With that kind of track record, PUBPAT is attempting to restructure the playing field. Rather than waiting for Monsanto to sue farmers (even when the farmers win, the court costs are devastating), they’re taking the fight to the source.

“This case asks whether Monsanto has the right to sue organic farmers for patent infringement if Monsanto’s transgenic seed should land on their property,” said Dan Ravicher, executive director of The Public Patent Foundation, in a statement.

“It seems quite perverse that an organic farmer contaminated by transgenic seed could be accused of patent infringement, but Monsanto has made such accusations before and is notorious for having sued hundreds of farmers for patent infringement, so we had to act to protect the interests of our clients.”

Read more: Farmers, seed sellers sue Monsanto | St. Louis Business Journal

According to Reuters,

Monsanto called the lawsuit misleading and a “publicity stunt” and said it has never sued and has committed to never suing farmers over the inadvertent presence of biotechnology traits in their fields.

That is simply not true; there  have been hundreds of cases (we’ll document this in a follow-up article that’s currently being prepared).

It’s also calling into question the legitimacy of Monsanto’s patents on genes.

Read a copy of the suit here.

More on Monsanto and GMOs:

Full list of plaintiffs:

  • Organic Seed Growers and Trade Association
  • Organic Crop Improvement Association International, Inc.
  • OCIA Research and Education Inc.
  • The Cornucopia Institute
  • Demeter Association, Inc.
  • Navdanya International
  • Maine Organic Farmers and Gardeners Association
  • Northeast Organic Farming Association/Massachusetts Chapter, Inc.
  • Northeast Organic Farming Association of Vermont
  • Rural Vermont; Ohio Ecological Food & Farm Association
  • Southeast Iowa Organic Association
  • Northern Plains Sustainable Agriculture Society
  • Mendocino Organic Network
  • Northeast Organic Dairy Producers Alliance
  • Canadian Organic Growers
  • Family Farmer Seed Cooperative
  • Sustainable Living Systems
  • Global Organic Alliance
  • Food Democracy Now!
  • Family Farm Defenders Inc.
  • Farm-to-Consumer Legal Defense Fund
  • FEDCO Seeds Inc.; Adaptive Seeds, LLC
  • Sow True Seed
  • Southern Exposure Seed Exchange
  • Mumm’s Sprouting Seeds
  • Baker Creek Heirloom Seed Co., LLC
  • Comstock, Ferre & Co., LLC
  • Seedkeepers, LLC
  • Siskiyou Seeds
  • Countryside Organics
  • Cuatro Puertas
  • Interlake Forage Seeds Ltd.
  • Alba Ranch; Wild Plum Farm
  • Gratitude Gardens
  • Richard Everett Farm  LLC
  • Philadelphia Community Farm, Inc
  • Genesis Farm; Chispas Farms LLC
  • Kirschenmann Family Farms Inc.
  • Midheaven Farms
  • Koskan Farms
  • California Cloverleaf Farms
  • North Outback Farm
  • Taylor Farms, Inc.
  • Jardin del Alma
  • Ron Gargasz Organic Farms
  • Abundant Acres
  • T & D Willey Farms
  • Quinella Ranch
  • Nature’s Way Farm Ltd.
  • Levke and Peter Eggers Farm
  • Frey Vineyards, Ltd.
  • Bryce Stephens
  • Chuck Noble
  • LaRhea Pepper
  • Paul Romero
  • Donald Wright Patterson, Jr.

Many of them issued statements at the PUBPAT website:

Jim Gerritsen, a family farmer in Maine who raises organic seed and is President of lead plaintiff Organic Seed Growers and Trade Association based in Montrose, Colorado, said, “Today is Independence Day for America.  Today we are seeking protection from the Court and putting Monsanto on notice.  Monsanto’s threats and abuse of family farmers stops here.  Monsanto’s genetic contamination of organic seed and organic crops ends now.  Americans have the right to choice in the marketplace – to decide what kind of food they will feed their families – and we are taking this action on their behalf to protect that right to choose.  Organic farmers have the right to raise our organic crops for our families and our customers on our farms without the threat of invasion by Monsanto’s genetic contamination and without harassment by a reckless polluter. Beginning today, America asserts her right to justice and pure food.”

Dr. Carol Goland, Ph.D., Executive Director of plaintiff Ohio Ecological Food & Farm Association (OEFFA)
said, “Consumers indicate, overwhelmingly, that they prefer foods made without genetically modified organisms.  Organic farms, by regulation, may not use GMOs, while other farmers forego using them for other reasons.  Yet the truth is that we are rapidly approaching the tipping point when we will be unable to avoid GMOs in our fields and on our plates.  That is the inevitable consequence of releasing genetically engineered materials into the environment.  To add injury to injury, Monsanto has a history of suing farmers whose fields have been contaminated by Monsanto’s GMOs.  On behalf of farmers who must live under this cloud of uncertainty and risk, we are compelled to ask the Court to put an end to this unconscionable business practice.”

Rose Marie Burroughs of plaintiff California Cloverleaf Farms said, “The devastation caused by GMO contamination is an ecological catastrophe to our world equal to the fall out of nuclear radiation.  Nature, farming and health are all being affected by GMO contamination.  We must protect our world by protecting our most precious, sacred resource of seed sovereignty.  People must have the right to the resources of the earth for our sustenance.  We must have the freedom to farm that causes no harm to the environment or to other people.  We must protect the environment, farmers livelihood, public health and people’s right to non GMO food contamination.”

Ed Maltby, Executive Director of plaintiff Northeast Organic Dairy Producers Alliance (NODPA)
said, “It’s outrageous that we find ourselves in a situation where the financial burden of GE contamination will fall on family farmers who have not asked for or contributed to the growth of GE crops.  Family farmers will face contamination of their crops by GE seed which will threaten their ability to sell crops as organically certified or into the rapidly growing ‘Buy Local’ market where consumers have overwhelmingly declared they do not want any GE crops, and then family farmers may be faced by a lawsuit by Monsanto for patent infringement.  We take this action to protect family farms who once again have to bear the consequences of irresponsible actions by Monsanto.”

David L. Rogers, Policy Advisor for plaintiff NOFA Vermont said, “Vermont’s farmers have worked hard to meet consumers’ growing demand for certified organic and non-GE food.  It is of great concern to them that Monsanto’s continuing and irresponsible marketing of GE crops that contaminate non-GE plantings will increasingly place their local and regional markets at risk and threaten their livelihoods.”

Dewane Morgan of plaintiff Midheaven Farms in Park Rapids, Minnesota, said, “For organic certification, farmers are required to have a buffer zone around their perimeter fields. Crops harvested from this buffer zone are not eligible for certification due to potential drift from herbicide and fungicide drift. Buffer zones are useless against pollen drift.  Organic, biodynamic, and conventional farmers who grow identity-preserved soybeans, wheat and open-pollinated corn often save seed for replanting the next year. It is illogical that these farmers are liable for cross-pollination contamination.”

Jill Davies, Director of plaintiff Sustainable Living Systems in Victor, Montana, said, “The building blocks of life are sacred and should be in the public domain.  If scientists want to study and manipulate them for some supposed common good, fine.  Then we must remove the profit motive.  The private profit motive corrupts pure science and increasingly precludes democratic participation.”

David Murphy, founder and Executive Director of plaintiff Food Democracy Now!
said, “None of Monsanto’s original promises regarding genetically modified seeds have come true after 15 years of wide adoption by commodity farmers. Rather than increased yields or less chemical usage, farmers are facing more crop diseases, an onslaught of herbicide-resistant superweeds, and increased costs from additional herbicide application. Even more appalling is the fact that Monsanto’s patented genes can blow onto another farmer’s fields and that farmer not only loses significant revenue in the market but is frequently exposed to legal action against them by Monsanto’s team of belligerent lawyers. Crop biotechnology has been a miserable failure economically and biologically and now threatens to undermine the basic freedoms that farmers and consumers have enjoyed in our constitutional democracy.”

Mark Kastel, Senior Farm Policy Analyst for plaintiff The Cornucopia Institute
said, “Family-scale farmers desperately need the judiciary branch of our government to balance the power Monsanto is able to wield in the marketplace and in the courts.  Monsanto, and the biotechnology industry, have made great investments in our executive and legislative branches through campaign contributions and powerful lobbyists in Washington.  We need to court system to offset this power and protect individual farmers from corporate tyranny.  Farmers have saved seeds since the beginning of agriculture by our species.  It is outrageous that one corporate entity, through the trespass of what they refer to as their ‘technology,’ can intimidate and run roughshod over family farmers in this country.  It should be the responsibility of Monsanto, and farmers licensing their technology, to ensure that genetically engineered DNA does not trespass onto neighboring farmland.  It is outrageous, that through no fault of their own, farmers are being intimidated into not saving seed for fear that they will be doggedly pursued through the court system and potentially bankrupted.”

More on Monsanto and GMOs:

(Image AttributionNo Derivative Works Some rights reserved by tlindenbaum)

Written by theblooms

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