Several New England organic farmer’s groups have joined a suit against Monsanto over genetically modified crops. The suit represents a new tactic – challenging chemical company’s patents.
Sound wacky? Organic farmers sued for using non-organic seed? Well, the company already successfully sued a now 80-year-old Canadian farmer who claimed he never planted GMO seed. Instead, he said his canola plants were altered by pollen that drifted from GMO fields. From the press release:
NEW YORK – March 29, 2011 – On behalf of 60 family farmers, seed businesses and organic agricultural organizations, the Public Patent Foundation (PUBPAT) filed suit today against Monsanto Company to challenge the chemical giant’s patents on genetically modified seed. The organic plaintiffs were forced to sue preemptively to protect themselves from being accused of patent infringement should they ever become contaminated by Monsanto’s genetically modified seed, something Monsanto has done to others in the past. Sounds wacky? Organic farmers sued for using non-organic seed? Well, the company already successfully sued a now 80-year-old Canadian farmer who claimed he never planted GMO seed. Instead, he said his canola plants were altered by pollen that drifted from GMO fields.
Monsanto and others say GMO food is safe and reduces the use of pesticides.
Organic farmers and food safety group cite studies that suggest health risks. The also argue that the long term impact of GMO foods on human and the envirnoment reman unknown.
From the Public Patent Foundation:
The patent suit “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, PUBPAT’s Executive Director and Lecturer of Law at Benjamin N. Cardozo School of Law in New York. “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.” The suit comes just as the US approved the use of genetically altered alfalfa after a long legal and regulatory battle.
In an FAQ on its website, Monsanto argues that GMO and organic crops can co-exist.
Isn’t agricultural biotech detrimental to organic farming?
Not at all. Biotech crops have flourished over the past decade. So have organic crops. Both are able to co-exist and grow successfully. Most organic farmers raise a wide variety of fruits and vegetables not grown by biotech farmers, which means cross-pollination between organic and biotech crops is not even possible, and their customer markets are completely different. For compatible plants, conventional, organic and biotech farmers can use a variety of well-established practices to preserve the identity of their crop, if desired. One method is to plant their fields far apart, or at different times of the year to avoid unwanted cross-pollination. Another is to cover the ears and tassels of corn plants with bags so the pollen cannot spread to other plants.
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, disagrees.
“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.”