Organic Plant Breeding Fellowships

OSGATA is excited to announce that Seed Matters, an initiative of the Clif Bar Family Foundation has awarded the first ever fellowships in organic plant breeding in United States history. The foundation is funding three Ph.D students in organic plant breeding at two public land grant universities: Washington State University and University of Wisconsin.

Land grant universities have historically led the way in innovation in agriculture, working with farmers to develop regional varieties for the diverse needs of rural communities. However, with increased seed concentration and the adoption of intellectual property rights, we’ve witnessed a departure from classical breeding and the innovation needed for organic systems. These fellowships represent an important step toward reinvigorating public seed research and education. In addition to providing organic farmers with new varieties of seed adapted to organic systems, these fellowships will cultivate the next generation of leadership in organic research, education, and entrepreneurship.

As Stephen Jones, Director of director of Mount Vernon Research and Extension Center states, “The true advances in agriculture continue to come from classical plant breeding. Peel back all the hype and it’s the breeders in the field working with farmers and plants that is moving us forward. Doing this kind of work requires very bright graduate students trained in the classical and modern approaches to plant breeding. Funding this training requires forward looking organizations such as Clif Bar Family Foundation.”

Read the full press release at Seed Matters.

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February 2, 2012 Will Farmers Receive Justice?

New York, New York – February, 2 2012 - It was standing room only as family farmers from around North America filled Federal Court Judge Naomi Buchwald’s courtroom in Manhattan on Tuesday, January 31. The topic was the landmark organic community lawsuit OSGATA et al v. Monsanto and the oral argument Monsanto’s pre-trial motion to dismiss which it filed last July. Plaintiffs from at least 21 States and Provinces were in the courtroom including Oregon, California, New Mexico, Colorado, Kansas, Nebraska, South Dakota, Saskatchewan, Missouri, Iowa, Ohio, Florida, North Carolina, Virginia, New Jersey, Pennsylvania, New York, Connecticut, Massachusetts, Vermont and Maine.

1/31/12 Citizen's Assembly. Courtesy of Simran Sethi.

Meanwhile, outside the courthouse in Foley Square, hundreds turned out for the Citizen’s Assembly of support for family farmers, an action organized by several groups including Occupy Food Justice. A depiction of Monsanto’s infamous 100 year history including Agent Orange, Dioxin, PCBs and now gene-spliced food was presented. Speakers addressed topics ranging from sustainable agriculture to risks associated with GMOs to issues of good food and food justice. After the conclusion of the courtroom oral argument, the plaintiff farmers and their legal team from the Public Patent Foundation provided details and comments on the courtroom proceedings, to supporters at the Citizen’s Assembly.

“We were very pleased that the court granted our request to have oral argument regarding Monsanto’s motion to dismiss our case today,” said Daniel Ravicher of the Public Patent Foundation, lead lawyer for the Plaintiffs.  ”The judge graciously permitted both parties to raise all the points they wished in a session that lasted over an hour. While Monsanto’s attorney attempted to portray the risk organic farmers face from being contaminated and then accused of patent infringement as hypothetical and abstract, we rebutted those arguments with the concrete proof of the harm being suffered by our clients in their attempts to avoid such accusations. The judge indicated she will issue her ruling within two months. We expect she will deny the motion and the case will then proceed forward. If she should happen to grant the motion, we will most likely appeal to the Court of Appeals who will review her decision without deference.”

The large group of 83 Plaintiffs in OSGATA v. Monsanto is comprised of individual family farmers, independent seed companies and agricultural organizations. The total number of members within the plaintiff group exceeds 300,000 and includes many thousands of certified organic farmers.  The Plaintiffs are not seeking any monetary compensation.  Instead, the farmers are pre-emptively suing Monsanto and seeking court protection under the Declaratory Judgment Act, from Monsanto-initiated patent infringement lawsuits.

Photo by Loren Hart

President of lead Plaintiff, Organic Seed Growers and Trade Association, Maine organic seed farmer Jim Gerritsen was in the courtroom and witnessed the oral argument. Gerritsen had this to say, “Our lawyer did a good job explaining the current injustice farmers face. We have a right to be secure on our farms and to be free from Monsanto’s GMO trespass. If we become contaminated by Monsanto, not only is the value of our organic seed crop extinguished but we could also be sued by Monsanto for patent infringement because their contamination results in our ‘possession’ of their GMO technology. We have farmers who have stopped growing organic corn, organic canola and organic soybeans because they can’t risk being sued by Monsanto. It’s not fair and it’s not right. Family farmers need justice and we deserve the protection of the court.”

Early on in the legal process, Monsanto was asked by lawyers for the Plaintiffs to provide a binding legal covenant not to sue. Monsanto refused this request and in doing so made clear that it would not give up its option to sue contaminated innocent family farmers who want nothing to do with Monsanto’s GMO technology.

Foley Square. Courtesy of Simran Sethi.

In a remarkable demonstration of solid support by American citizens for family farmers, co-plaintiff Food Democracy Now! has collected over 100,000 signatures on it’s petition supporting the rights of family farmers against Monsanto. “For the past 12,000 years farmers have saved the best seeds each year to increase yields and improve traits for the food we eat,” said Dave Murphy, founder and Executive Director of Food Democracy Now! “In 1996, when Monsanto sold its first patented genetically modified (GMO) seed to farmers, this radically changed the idea of how farmers planted and saved seed. Less than two decades later, Monsanto’s aggressive patent infringement lawsuits have created a climate of fear in rural America among farmers. It’s time for that to end. Farmers should not have to live in fear because they are growing our food.”

A complete 36 page transcript of the Oral Argument is available here.

Further information on OSGATA v. Monsanto is available at osgata.org and pubpat.org

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Learn more about OSGATA et al. v. Monsanto

WATCH: Dan Ravicher Video regarding OSGATA v Monsanto

Learn more about some of the details of the case by watching video of Dan Ravicher speaking at the National Heirloom Expo in Santa Rosa, California. Dan is the Executive Director of the Public Patent Foundation and a lecturer in law at Benjamin N. Cardozo School of Law. http://www.pubpat.org/

Monsanto’s motion to dismiss the Organic Seed Growers and Trade Association (OSGATA) et al v. Monsanto will be heard in federal district court on Tuesday January 31, 2012 in Manhattan. Judge Naomi Buchwald’s decision will establish if organic farmers are to see their day in court.

Help support by donating to OSGATA’s Farmer Travel Fund, an effort to help send family farmers to the court hearing on 1/31/12. And sign the petition to show your support!

Dan Ravicher speaking with farmers at the National Heirloom Expo, September 2011

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Help OSGATA and Family Farmers ‘See their Day in Court!’

Sign the Petition or join the Citizens Assembly the day of the oral hearing for OSGATA et al. v. Monsanto!

Citizen’s Assembly: 

When: Tuesday, January 31, 2012 @ 9:00 am
Where: Southern District Court, New York City
Daniel Patrick Moynihan United States Courthouse
500 Pearl St.
New York, NY 10007-1312
The lawsuit OSGATA (Organic Seed Growers and Trade Association) et al vs. Monsanto was filed on behalf of 300,000 organic and non-GMO farmers and citizens to seek judicial relief in “protect[ing] themselves from ever being accused of infringing patents on transgenic (GMO) seed”. The judge has requested and agreed to hear oral argument in orders to make a decision of whether or not to allow the farmers’ case to move forward in the courts after Monsanto filed a motion to dismiss the lawsuit. We are encouraging supporters of farmers’ rights to grow food without fear and intimidation to assemble outside the courtroom on January, 31 in a peaceful manner to support the farmers in their claims, recognizing that these injustices affect us all and that this case is deserving of the court’s time and attention.
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We will assemble and the follow the principles below:
When: Tuesday, January 31, 2012 @ 9:00 am
Where: Southern District Court, New York City
Daniel Patrick Moynihan United States Courthouse
500 Pearl St.
New York, NY 10007-1312
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Click Here to RSVP to attend the Citizen’s Assembly.

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Interview with lead lawyer Dan Ravicher

An excellent and informative interview with Daniel Ravicher, the lead lawyer in OSGATA et al. v. Monsanto. Daniel is the Executive Director of the Public Patent Foundation and a lecturer in law at Benjamin N. Cardozo School of Law.

Listen HERE!

Dan Ravicher speaking with farmers at the National Heirloom Expo, September 2011

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OSGATA honors Erna Bennett, early pioneer for plant genetic resources

Erna Bennett talking to farmers in the mountains of Greece, while collecting wheat landraces during her time at FAO

Erna Bennett, one of the early pioneers and fighters of genetic conservation, passed away at 86 years old. After active service in the Second World War in the Middle East and Greece, she returned to her studies. In her early postgraduate years she taught in England, and was engaged in cytogenetic research there and in Ireland for a number of years.

Working the Scottish Plant Breeding Station with J. W. Gregor in the mid-1960s, she returned to her early interest in micro-evolution and the origins of genetic diversity, and began what was then to become a long series of expeditions collecting genetic diversity of mainly forage and cereal crops. At this time she wrote her 1964 paper warning of the need to conserve and protect genetic resources, “Plant Introduction and Genetic Conservation: Genecological aspects of an urgent world problem”, which was widely read and translated into a numberof languages.

Erna joined the UN’s Food and Agriculture Organization (FAO) in 1967,where she succeeded in mobilising the FAO to become involved directly in collecting the genetic resources of crop plants in many countries, while there was still time. She was responsible for coordinating national and international exploration and genetic conservation programmes in the countries of the Mediterranean Basin and southwest and Central Asia as a far as Afghanistan, and travelled very widely in the course of her work. She also initiated the first world survey of crop germplasm collections, which yielded invaluable information that has been drawn on widely over the years. As this time she co-authored and edited the first classic book on genetic resources with another early campaigner, Sir Otto Frankel. Published in 1970, “Genetic Resources in Plants” helped to convince the 1972 Stockholm Conference on The Human Environment (a predecessor of the 1992 Earth Summit) to call for the first global programme on the conservation of crop genetic resources.

While at FAO, Erna became increasingly concerned that the immense efforts to collect and conserve the world’s precious and irreplaceble germplasm in which she was involved stood in grave danger of being hijacked by powerful private interests. She observed the initial moves towards first, covert, then overt and massive privatisation of genetic resources and the increasingly dominant role of corporations determined to usurp control of immensely valuable agricultural germplasm. Having battled whithin the FAO for many years to keep corporations out of the UN system, she was eventually forced to resign from the UN in 1982. Since then, she has stayed active on these and other issues-lecturing, writing and advising- but outside official circles.

Erna Bennett was not alone in the first turbulent years of campaigning for programmes on genetic erosion. She remembers with great warmth and affection many of her early fellow pioneers. But as Pat Mooney wrote in his book Shattering, “it was this colourful, outspoken Ulster-born Irish revolutionary who first coined the phrase ‘genetic conservation’ and brought substance and strategy to the term for the world community”.

Source: http://www.geneconserve.pro.br/

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OSGATA Launches Farmer Travel Fund!

Donate here to the Farmer Travel Fund!

On 12/30/11 OSGATA launched a “Farmer Travel Fund” in an effort to send family farmers to represent their interests at a court hearing in New York on January 31, 2012.  This fund was established after the announcement that Judge Naomi Buckwald would hear oral arguments to determine if the lawsuit filed by organic farmers against Monsanto will go to court. We’re happy to announce that we have successfully funded 4 Farmer trips to NYC. The 4 farmers represent Wood Prairie Farm in Maine, Wild Garden Seed in Oregon, Stephens Farms in Kansas and Fedco Seeds from Vermont. Thank you to all the generous donors and for your commitment to organic seed! OSGATA will continue to collect donations to the Farmer Travel Fund for future travel expenses for related events.

*When donating please note in the comment box: “Farmer Travel Fund”

Thank you!

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December 30, 2011 Press Release

Will Organic Farmers See Their Day in Court?

Judge to consider oral arguments in lawsuit against Monsanto

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NEW YORK – December 29, 2011 – In a development celebrated by the organic plaintiffs, Judge Naomi Buchwald announced yesterday that oral arguments on Monsanto’s motion to dismiss the Organic Seed Growers and Trade Association (OSGATA) et al v. Monsanto will be heard in federal district court January 31, 2012 in Manhattan. Judge Buchwald’s decision will establish if organic farmers are to see their day in court.

The eighty-three family farmers, small and family owned seed businesses, and agricultural organizations comprising the organic plaintiff group represent over 300,000 individuals.  The landmark lawsuit, filed in March 2011, challenges the validity of Monsanto’s transgenic/GMO patents and seeks court protection for innocent family farmers who may become contaminated by Monsanto seed.

“We are grateful that Judge Buchwald has agreed to our request to hear oral argument on the motion,” said Jim Gerritsen, President of lead plaintiff OSGATA. “Last August we submitted our written rebuttal and it made clear that Monsanto’s motion was without merit. Our legal team, from the Public Patent Foundation, is looking forward to orally presenting our position.  The family farmers deserve their day in court. We are anxious that this case go to trial as soon as possible so that our innocent farmers may receive Court protection.”

OSGATA is a membership organization composed primarily of farmers and seed businesses. Their mission is to develop and protect the organic seed industry along with their growers. In an effort to raise funds, OSGATA has launched a “Farmers Travel Fund” enabling family farmers from the plaintiff group to attend the court proceedings and related events. See www.osgata.org.

Background information on the OSGATA v. Monsanto lawsuit may be found at www.osgata.org and the Public Patent Foundation www.pubpat.org.

Posted in et al. v. Monsanto, OSGATA | 12 Comments

Roundup herbicide faces big test!

Reuters Article:
Cancer cause or crop aid? Herbicide faces big test

By Carey Gillam
KANSAS CITY, Missour

“Critics say it’s a chemical that could cause infertility or cancer, while others see it speeding the growth of super weeds and causing worrying changes to plants and soil. Backers say it is safe and has made a big contribution to food production.

It’s glyphosate, the key – but controversial – ingredient in Roundup herbicide and the top selling weed killer used worldwide. For more than 30 years, glyphosate has been embraced for its ability to make farming easier by wiping out weeds in corn, soybean and cotton fields, and for keeping gardens and golf courses pristine.

But the chemical touted as a safe, affordable and critical part of global food production, is now at a crossroads…..” read more.

 

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Farmers Occupy Wall Street!

NEW YORK, December 4, 2011 — Today farmers from across the U.S. will participate in the Occupy Wall Street Farmers March to join in solidarity with efforts to expose corporate control of our food supply.
Watch a video of Jim Gerritsen at the Occupy Farmers March

OSGATA President Jim Gerritsen at the Occupy Farmers March

The event begins at 2 p.m. at La Plaza Cultural Community Garden with remarks about the growing inequity in our food system from farmers and food workers followed by a 4 p.m. Farmers March to Zuccotti Park, where farmers, activists and ranchers, who have travelled from as far as Colorado, Iowa, Maine, Massachusetts, Wisconsin and Upstate New York, will march to ground zero of the growing Occupy Wall Street movement to curtail excessive corporate influence.

“The Farmer’s March is a celebration of community power to regain control over the most basic element to human well-being: food. The food system has been taken over by multinational corporations to the detriment of communities, ecosystems, local economies, and soil all over the world,” said Paula Winograd and Seth Wulsin, members of the Occupy Wall Street Food Justice committee. “We march for urban/rural solidarity, to share the solutions that are already happening, and to strengthen our regional food networks based on the basic principle of food justice: that access to fresh, healthy, affordable food is a human right,” claimed Winograd and Wulsin.

Over the past three decades, the U.S. has adopted economic policies promoted by Wall Street investment banks and agribusiness monopolies that have led to massive consolidation in food and agricultural sectors. Today market concentration is so great that only four firms control 84 percent of beef packing and 66 percent of pork production, which has resulted in forcing more than 1.1 million independent livestock producers out of business since Ronald Reagan was elected in 1980.

“Widespread collusion between corporate lobbyists and elected officials has undermined independent farm and land ownership, threatening the safety of our food and the foundation of our democracy ” said David Murphy, executive director of Food Democracy Now!, an Iowa based sustainable farm advocacy group.

“With the growing power of food monopolies, farmers are the 99%. The current inequities are destroying opportunities for America’s farmers, eliminating the few remaining options for open markets to sell their goods or receive fair prices in the marketplace,” said Murphy.

Murphy will be joined on the Occupy Wall Street Farmers March by Colorado rancher Mike Callicrate, who in the 1990s was a lead plaintiff against the largest beef packer at the time, IBP, now part of Tysons Foods. Maine organic farmer Jim Gerritsen will also be a featured speaker. Gerritsen, as the president of the Organic Seed Growers and Trade Association, became the lead plaintiff against seed and chemical giant Monsanto in an effort to protect farmers from frivolous lawsuits and genetic trespass by the company’s genetically engineered seeds.

“The money and political power of Wall Street has stolen America’s food system, bankrupted our farmers and ranchers, mined our soils, polluted our environment, wasted our precious water, and left us with expensive industrially produced food that makes us sick,” said Callicrate who owns an independent cattle feedlot and a direct-to-consumer beef operation.

“America has been broken by the corporate takeover of our country, and it shows in the dysfunction of our government, our economy, our lost jobs and on our farms. The Occupy movement is our new American conscience. And that’s why farmers are here for the Occupy Farmers March, to show solidarity with those who are working honestly to rebuild our democracy,” said Gerristen, who was recently named as one of the 25 Visionaries Who Are Changing Your World in 2011 by Utne Magazine.

The Occupy Wall Street Farmers March comes on the heels of several major policy losses in Washington DC, including the failure of the Obama administration to pass fair market livestock rules, known as GIPSA, an effort by House and Senate Agriculture Committee leaders to write a “Secret Farm Bill” and Congress’ rejection of serious reforms to our children’s school lunch program in favor of declaring pizza a vegetable.

Dave Murphy, Founder / Executive Director, Food Democracy Now!

Read more! From the Huffington Post

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OSGATA President named an Utne Reader 2011 Visionary

OSGATA congratulates our President, Jim Gerritsen, one of Utne Reader’s “25 Visionaries Who Are Changing Your World”

Deemed the Organic Food Champion by the Utne Reader, we couldn’t agree more. Gerritsen was selected for his ongoing work leading efforts by independent family farmers to protect themselves from the threat of Monsanto litigation related to the corporation’s patents on genetically engineered seeds (OSGATA et al. vs Monsanto), an effort he views as critical to the future of organic farming itself. As Gerritsen puts it, “Either we stand up and fight now for the right to an alternative or we will lose that option forever.”

Each year, the Utne Reader selects 25 people “who possess an inspiring combination of imagination, determination and energy,” said Utne Reader‘s editor-in-chief David Schimke in a statement. “These are people who don’t just think out loud, but who walk their talk on a daily basis.”

Read what the Utne Reader had to say about Jim and view the complete list of Visionaries!

Congratulations Jim!

For more information regarding the current lawsuit against Monsanto, visit OSGATA’s Press Release page.

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Just Label It!

OSGATA has joined an effort with more than 300 hundred organizations representing millions of Americans: the Just Label It: We Have A Right to Know campaign. In late September we filed a legal petition to the Food and Drug Administration (FDA), calling on them to label all genetically engineered foods. Now the campaign needs YOUR help: Please send your message to the FDA and tell them why GE labeling is important to you! Let’s make sure the FDA hears loud and clear that Americans want GE foods labeled!

Visit JustLabelIt.org to send your official comment to the FDA, learn more about the campaign, and stay up to date on the movement! You can view the legal petition here.

OSGATA’s Policy on GMOs

GMO contamination of organic seed constitutes irreparable harm to the organic seed industry and undermines the integrity of organic seed. Any detectable level is unacceptable.

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Seed Consolidation

4 Seed companies now control 56% of the global proprietary seed market. Seed consolidation constrains the opportunities for renewable agriculture, creating reductions in seed lines and a declining prevalence of seed saving.

Source: https://www.msu.edu/~howardp/seedindustry.pdf

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OSGATA President on KAWL Radio Show

Listen to “It’s Your Call” KAWL Radio Show with Rose Aguilar which originally aired on 9/15/11. The hour long show is an informative primer into the world of GMOs, focusing on the question: How are GMOs changing the landscape of food and farming? President of OSGATA, Jim Gerritsen, is interviewed regarding the lawsuit against Monsanto. Find out more about the show at It’s Your Call or read Rose Aguilar’s article posted on Truth-out.org.

Listen to the entire show here!

Guests:

  • Eric Holt-Gimenez, executive director of Food First and author of Food Rebellions! Crisis and the Hunger for Justice.
  • Ignacio Chapela, associate professor of microbial ecology at UC Berkeley.
  • Mike Ludwig, Truthout reporter who covers the biotech industry.
  • Jim Gerritsen, organic seed farmer in northern Maine and President of OSGATA, the leading plantiff in a lawsuit against Monsanto.
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OSGATA Provides Comment to the National Organic Program

OSGATA submitted comments on September 12, 2011 in response to the National Organic Program‘s (NOP), “Draft Guidance: Seeds, Annual Seedlings, and Planting Stock in Organic Crop Production. ” After careful review, the OSGATA policy committee contests that the NOP should act further to support the commercial availability of organic seed. Given the current threats facing organic seed, we believe the NOP should act in the best interests of organic producers by helping to alleviate the burdens facing the organic seed community.

OSGATA’s Partnership goals:

  • Assess market potential.
  • Develop an organic variety database.
  • Aid capacity building in the organic seed industry in order to meet the growing demand for organic seed.

We recommend that the NOP implement the following steps:

  • Provide substantive policies and educational materials to certifying agencies.
  • Invite representatives from organic seed trade to address the National Organic Standards Board (NOSB)
  • Invite the Seed Integrity working group to present on the State of Organic Seed Report.
  • Create an Organic Seed Task Force.
  • Create and support a nationally authorized Organic Seed Data Base.
  • Provide organic seed materials and protocol requirements at Certifier Trainings.
  • Require contract buyers to source organic seed.
  • Encourage varietal trials.
  • Implement organic seed percentage measurement protocol.
  • Establish responsibility for seed variety and quality decisions with the certified operation.

We implore the NOP to bring organic seed to the forefront of discussion. Organically produced seed that is adapted to organic systems and free of contaminates is critical to maintaining overall organic integrity. It is imperative that the NOP provide substantive policies and educational materials to certifying agencies that will further enhance the development of a healthy, viable organic seed industry, allowing it to better serve the whole organic industry. This request becomes evermore timely with the increasing threats to the integrity of organic seed as conventional agriculture uses more genetically engineered seed.

Download the full report.

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Letter to Secretary Vilsack

On September 16, 2011, OSGATA along with 138 agricultural organizations sent a letter to Secretary of Agriculture, Thomas Vilsack. Drafted by the National Organic Coalition, it calls for increased protection from transgenics/GMOs under the Plant Protection Act of 2000. Read the letter here.

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Farmers Defend Right to Protect Themselves From Monsanto Patents

Farmers and Seed Distributors Defend Right to Protect Themselves From Monsanto Patents

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Organizations File Amici to Defend Plaintiffs’ Right to Trial and Respond to Monsanto’s Attempt to Dismiss Case

New York – August 11, 2011 – The 83 family farmers, small and family owned seed businesses, and agricultural organizations challenging Monsanto’s patents on genetically modified seed filed papers in federal court today defending their right to seek legal protection from the threat of being sued by Monsanto for patent infringement should they ever become contaminated by Monsanto’s genetically modified seed. The Public Patent Foundation (PUBPAT) represents the plaintiffs in the suit, titled Organic Seed Growers & Trade Association (OSGATA), et al. v. Monsanto and pending in the Southern District of New York. Today’s filings respond to a motion filed by Monsanto in mid-July to have the case dismissed. In support of the plantiffs’ right to bring the case, 12 agricultural organizations also filed a friend-of-the-court amici brief.

“Rather than give a straight forward answer on whether they would sue our clients for patent infringement if they are ever contaminated by Monsanto’s transgenic seed, Monsanto has instead chosen to try to deny our clients the right to receive legal protection from the courts,” said Dan Ravicher, PUBPAT’s Executive Director.  “Today’s filings include sworn statements by several of the plaintiffs themselves explaining to the court how the risk of contamination by transgenic seed is real and why they cannot trust Monsanto to not use an occurrence of contamination as a basis to accuse them of patent infringement.”

It is now virtually impossible for a U.S. farmer to grow crops of their choosing (corn, soybeans, canola, etc.) and remain GMO-free because of the numerous biological and human means by which seeds can spread. “Given the difficulties in minimizing GM contamination farmers must make numerous decisions about which steps are worthwhile for them and which steps are not.  They are not able to make these decisions based on their own and their customers‘ interests, but must instead make these decisions with the threat of litigation from a giant corporation looming over their head,” Spiegel writes in the amici brief. “The constant threat of a patent infringement suit by Monsanto creates significant, unquantifiable costs for Plaintiff farmers and similarly situated farmers.” The plaintiffs can do everything possible to maintain non-contaminated seeds, and will very likely still become contaminated, and be placed under the threat of a lawsuit. As Monsanto’s domination of the seed industry grows, and the winds continue to disperse pollen from their GMO laced crops, the likelihood of contamination and lawsuits only increases.

Monsanto has stated that they would not sue farmers who were “inadvertently” contaminated or farmers whose crops contain “trace amounts” of GMO, however they have refused to sign a simple covenant not to sue, that would bring an effective end to the lawsuit.

Monsanto’s track record makes it clear that Monsanto intends to continue threatening and harassing farmers. “Monsanto has undertaken one of the most aggressive patent assertion campaigns in history,” wrote Ravicher. Monsanto admits to filing 128 lawsuits against farmers from 1997-2010, settling out of court with 700 others for an undisclosed amount. As Spiegel writes, “The passage of time and natural biological processes will inevitably lead to higher contamination levels, at which point Monsanto will have created a target-rich environment for its patent enforcement activities.”

Plaintiffs Bryce Stephens, who farms in Kansas and serves as vice president of OSGATA, Frederick Kirschenmann, who farms in North Dakota, C.R. Lawn, who is founder and co-owner of Fedco Seeds in Maine, Don Patterson of Virginia and Chuck Noble, who farms in South Dakota, each submitted declarations to the court describing their personal experiences with the risk of contamination by genetically modified seed and why those experiences have forced them to bring the current suit. As summarized by the accompanying brief filed by PUBPAT on the plaintiffs’ behalf, “Monsanto’s acts of widespread patent assertion and the plaintiffs’ ever growing risk of contamination create a real, immediate and substantial dispute between them.”

In their brief, the amici describe some of the harmful effects of genetically modified seed and how easily GMOs can contaminate an organic or conventional farmer’s land. The organizations filing the amici brief were Farm and Ranch Freedom Alliance, Biodynamic Farming and Gardening Association, Carolina Farm Stewardship Association, Ecological Farmers of Ontario, Fair Food Matters, International Organic Inspectors Association, Michigan Land Trustees, Natural Environment Ecological Management, Nebraska Sustainable Agriculture Association, Organic Council of Ontario, Slow Food USA, and Virginia Independent Consumers and Farmers Association.

The brief filed by the plaintiffs in opposition to Monsanto’s motion to dismiss is available here.
The amici brief in support of the plaintiffs is available here.
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OSGATA’s comments to the USDA regarding Monsanto’s drought-tolerant corn

Corn from Wood Prairie Farm

To whom it may concern:

 

Founded in January of 2008, OSGATA develops, protects, and promotes the organic seed trade and its growers. Our goal is to assure that the organic community has access to excellent quality organic seed, free of contaminants and adapted to the diverse needs of local organic agriculture. The membership is comprised of organic farmers who produce seed crops, organic seed companies, and affiliate organizations that support organic farmers and organic food systems.

We are strongly opposed to the deregulation of MON 87460, because the corn pollen is known to be highly mobile and we have concerns that organic corn and seed crops will be contaminated. This contamination will result in market rejection of organic crops because organic consumers have clearly indicated that they expect organic crops to be free of GMO content. GMO contamination of organic seed constitutes irreparable harm to the organic seed industry and undermines the integrity of organic seed. Any detectable level is unacceptable, it damages the livelihoods of organic producers and eliminates consumer choice.

Unless and until the petitioner can demonstrate the ability to contain their GMO genetic pollution on the licensee’s side of the fence, their petition should not be approved.

Jim Gerritsen – President
Organic Seed Growers and Trade Association

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National Geographic Study of Our Dwindling Food Variety

A very helpful visual: This chart shows the rapid decline of vegetable varieties from 1903 to 1983 when the study was conducted. The study found that 93% of the 66 crops which had been surveyed had gone extinct…

Source: National Geographic

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White House Collusion with Biotech & FOI Lawsuit Filed

News Release From Public Employees For Environmental Responsibility (PEER) (7/21/2011)

White House Pact with Industry to Push GE Plants

High-Level Working Group Shielding Plan to Force GE Crops onto Wildlife Refuges

WASHINGTON – July 21 – In an effort to boost exports, the Obama White House has entered into a joint venture with the agricultural biotechnology industry to remove barriers to the spread of genetically engineered (GE) crops, even on national wildlife refuges, according to documents posted today by Public Employees for Environmental Responsibility (PEER).  Today, PEER sued the White House Trade Representative, Office of Management & Budget (OMB) and the State Department to force release of documents detailing their partnership with industry.

Recent successful lawsuits brought by PEER with the Center for Food Safety have underlined the incompatibility of GE crops with refuge habitats, which has strengthened objections from GE-averse nations.  The Biotechnology Industry Association (BIO), whose most prominent member is Monsanto, the world’s biggest source of GE crops, approached the Obama White House for assistance.  In late 2010, the White House formed an interagency “Agriculture Biotech Working Group” consisting of more than 35 officials from ten agencies to promote GE agriculture.  This Working Group includes officials from the White House and its OMB, Office of Science & Technology Policy (OSTP), Council on Environmental Quality (CEQ) and the Trade Rep.  It also has officials from State, Justice, Agriculture, EPA and FDA.

A central task of this Working Group is to legally insulate GE crops on refuges from further litigation. Initially, it tried to pressure the U.S. Fish & Wildlife Service, which operates the National Wildlife Refuge System, to rescind its Ecological Integrity Policy, which forbids GE planting unless found to be essential to accomplishing a refuge purpose.  Working with BIO, these officials then helped prepare environmental assessments to start paving a legal path for GE plantings on 75 refuges in 30 states.

“With all the environmental challenges facing this country, why is the White House priority putting wildlife refuges under the thumb of Monsanto?” asked PEER Staff Counsel Kathryn Douglass, who filed today’s Freedom of Information Act suits. “It is frankly depressing that the top White House official for ecosystem recovery is hustling genetically altered soybeans on slivers of land set aside for wildlife.”

PEER has submitted Freedom of Information Act requests to most of the agencies in the Working Group. Today’s suits target three key agencies which have not turned over any documents.  PEER has obtained fragmentary documents including a January 14, 2011 email from Deputy Interior Secretary David Hayes relaying pressure from Agriculture Secretary Tom Vilsack that refuges were “not being consistent in supporting genetically modified crops.”  Perhaps more telling are decisions to withhold records showing –

  • The depth of collusion with industry.  OSTP, for example, is withholding key portions of its correspondence with a BIO lobbyist on the grounds that it reveals proprietary information;
  • What other actions the White House is pursuing to promote GE crops; and
  • Other unannounced industry partnerships the White House has spawned.

“We are on the ground floor of our climb to reach answers to these questions,” added Douglass, who is pursuing further record releases from the other agencies involved.  “One thing we do know is this Biotech Working Group exhibits the opposite of the transparent, science-based decision-making we were promised from this administration.”

…………………………………………………………………………………………………………………………….Full Release

 

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