Lawsuit Filed To Protect Themselves from Unfair Patent Enforcement on Genetically Modified Seed

Action Would Prohibit Biotechnology Giant from Suing Organic Farmers and Seed Growers If Innocently Contaminated by Roundup Ready Genes

NEW York: On behalf of 60 family farmers, seed businesses and organic agricultural organizations, the Public Patent Foundation (PUBPAT) filed suit today against Monsanto Company challenging 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 their crops ever become contaminated by Monsanto’s genetically modified seed.

Monsanto has sued farmers in the United States and Canada, in the past, when there are patented genetic material has inadvertently contaminated their crops.

A copy of the lawsuit can be found at:
(http://www.pubpat.org/assets/files/seed/OSGATA-v-Monsanto-Complaint.pdf)

The case, Organic Seed Growers & Trade Association, et al. v. Monsanto, was filed in federal district court in Manhattan and assigned to Judge Naomi Buchwald. Plaintiffs in the suit represent a broad array of family farmers, small businesses and organizations from within the organic agriculture community who are increasingly threatened by genetically modified seed contamination despite using their best efforts to avoid it. The plaintiff organizations have over 270,000 members, including thousands of certified organic family farmers.

“This case asks whether Monsanto has the right to sue organic farmers for patent infringement if Monsanto’s transgenic seed or pollen should land on their property,” said Dan Ravicher, PUBPAT’s Executive Director. “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.”

Once released into the environment, genetically modified seed can contaminate and destroy organic seed for the same crop. For example, soon after Monsanto introduced genetically modified seed for canola, organic canola became virtually impossible to grow as a result of contamination.

Organic corn, soybeans, cotton, sugar beets and alfalfa also face the same fate, as Monsanto has released genetically modified seed for each of those crops as well.

Monsanto is currently developing genetically modified seed for many other crops, thus putting the future of all food, and indeed all agriculture, at stake.

“Monsanto’s threats and abuse of family farmers stops here. Monsanto’s genetic contamination of organic seed and organic crops ends now,” stated Jim Gerritsen, a family farmer in Maine who raises organic seed and is President of lead plaintiff Organic Seed Growers and Trade Association. “Americans have the right to choice in the marketplace – to decide what kind of food they will feed their families.”

“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,” said Mark A. Kastel, Senior Farm Policy Analyst for The Cornucopia Institute, one of the plaintiffs. “Monsanto, and the biotechnology industry, have made great investments in our executive and legislative branches through campaign contributions and powerful lobbyists in Washington.”

In the case, PUBPAT is asking Judge Buchwald to declare that if organic farmers are ever contaminated by Monsanto’s genetically modified seed, they need not fear also being accused of patent infringement. One reason justifying this result is that Monsanto’s patents on genetically modified seed are invalid because they don’t meet the “usefulness” requirement of patent law, according to PUBPAT’s Ravicher, the plaintiffs’ lead attorney in the case.

“Evidence cited by PUBPAT in its opening filing today proves that genetically modified seed has negative economic and health effects, while the promised benefits of genetically modified seed – increased production and decreased herbicide use – are false,” added Ravicher who is also a Lecturer of Law at Benjamin N. Cardozo School of Law in New York.

Ravicher continued, “Some say transgenic seed can coexist with organic seed, but history tells us that’s not possible, and it’s actually in Monsanto’s financial interest to eliminate organic seed so that they can have a total monopoly over our food supply,” said Ravicher. “Monsanto is the same chemical company that previously brought us Agent Orange, DDT, PCB’s and other toxins, which they said were safe, but we know are not. Now Monsanto says transgenic seed is safe, but evidence clearly shows it is not.”

A d v e r t i s e m e n t

The plaintiffs in the suit represented by PUBPAT are: 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; and, Donald Wright Patterson, Jr.

MORE:

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.”

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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.”

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.”

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, “We need the 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.”

Via: Institute of Science in Society:

An open letter appeared on the Farm and Ranch Freedom Alliance founded and run by Judith McGeary to save family farms in the US [1, 2]. The letter, written by Don Huber, professor emeritus at Purdue University, to Secretary of Agriculture Tom Vilsack, warns of a pathogen “new to science” discovered by “a team of senior plant and animal scientists”. Huber says it should be treated as an “emergency’’, as it could result in “a collapse of US soy and corn export markets and significant disruption of domestic food and feed supplies.”

The letter appeared to have been written before Vilsack announced his decision to authorize unrestricted commercial planting of GM alfalfa on 1 February, in the hope of convincing the Secretary of Agriculture to impose a moratorium instead on deregulation of Roundup Ready (RR) crops.

The new pathogen appears associated with serious pervasive diseases in plants – sudden death syndrome in soybean and Goss’ wilt in corn – but its suspected effects on livestock is alarming. Huber refers to “recent reports of infertility rates in dairy heifers of over 20%, and spontaneous abortions in cattle as high as 45%.”

This could be the worst nightmare of genetic engineering that some scientists including me have been warning for years [3] (see Genetic Engineering Dream or Nightmare, ISIS publication): the unintended creation of new pathogens through assisted horizontal gene transfer and recombination.

Huber writes in closing: “I have studied plant pathogens for more than 50 years. We are now seeing an unprecedented trend of increasing plant and animal diseases and disorders. This pathogen may be instrumental to understanding and solving this problem. It deserves immediate attention with significant resources to avoid a general collapse of our critical agricultural infrastructure.”

The complete letter is reproduced below.

Dear Secretary Vilsack:

A team of senior plant and animal scientists have recently brought to my attention the discovery of an electron microscopic pathogen that appears to significantly impact the health of plants, animals, and probably human beings. Based on a review of the data, it is widespread, very serious, and is in much higher concentrations in Roundup Ready (RR) soybeans and corn-suggesting a link with the RR gene or more likely the presence of Roundup. This organism appears NEW to science!

This is highly sensitive information that could result in a collapse of US soy and corn export markets and significant disruption of domestic food and feed supplies. On the other hand, this new organism may already be responsible for significant harm (see below). My colleagues and I are therefore moving our investigation forward with speed and discretion, and seek assistance from the USDA and other entities to identify the pathogen’s source, prevalence, implications, and remedies.

(ARTICLE CONTINUES BELOW)

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We are informing the USDA of our findings at this early stage, specifically due to your pending decision regarding approval of RR alfalfa. Naturally, if either the RR gene or Roundup itself is a promoter or co-factor of this pathogen, then such approval could be a calamity. Based on the current evidence, the only reasonable action at this time would be to delay deregulation at least until sufficient data has exonerated the RR system, if it does.

For the past 40 years, I have been a scientist in the professional and military agencies that evaluate and prepare for natural and manmade biological threats, including germ warfare and disease outbreaks. Based on this experience, I believe the threat we are facing from this pathogen is unique and of a high risk status. In layman’s terms, it should be treated as an emergency.

A diverse set of researchers working on this problem have contributed various pieces of the puzzle, which together presents the following disturbing scenario:

Unique Physical Properties
This previously unknown organism is only visible under an electron microscope (36,000X), with an approximate size range equal to a medium size virus. It is able to reproduce and appears to be a micro-fungal-like organism. If so, it would be the first such micro-fungus ever identified. There is strong evidence that this infectious agent promotes diseases of both plants and mammals, which is very rare.

Pathogen Location and Concentration
It is found in high concentrations in Roundup Ready soybean meal and corn, distillers meal, fermentation feed products, pig stomach contents, and pig and cattle placentas.

Linked with Outbreaks of Plant Disease
The organism is prolific in plants infected with two pervasive diseases that are driving down yields and farmer income-sudden death syndrome (SDS) in soy, and Goss’ wilt in corn. The pathogen is also found in the fungal causative agent of SDS (Fusarium solani fsp glycines).

Implicated in Animal Reproductive Failure
Laboratory tests have confirmed the presence of this organism in a wide variety of livestock that have experienced spontaneous abortions and infertility. Preliminary results from ongoing research have also been able to reproduce abortions in a clinical setting.

The pathogen may explain the escalating frequency of infertility and spontaneous abortions over the past few years in US cattle, dairy, swine, and horse operations. These include recent reports of infertility rates in dairy heifers of over 20%, and spontaneous abortions in cattle as high as 45%.

For example, 450 of 1,000 pregnant heifers fed wheatlege experienced spontaneous abortions. Over the same period, another 1,000 heifers from the same herd that were raised on hay had no abortions. High concentrations of the pathogen were confirmed on the wheatlege, which likely had been under weed management using glyphosate.

Recommendations
In summary, because of the high titer of this new animal pathogen in Roundup Ready crops, and its association with plant and animal diseases that are reaching epidemic proportions, we request USDA’s participation in a multi-agency investigation, and an immediate moratorium on the deregulation of RR crops until the causal/predisposing relationship with glyphosate and/or RR plants can be ruled out as a threat to crop and animal production and human health.

It is urgent to examine whether the side-effects of glyphosate use may have facilitated the growth of this pathogen, or allowed it to cause greater harm to weakened plant and animal hosts. It is well-documented that glyphosate promotes soil pathogens and is already implicated with the increase of more than 40 plant diseases; it dismantles plant defenses by chelating vital nutrients; and it reduces the bioavailability of nutrients in feed, which in turn can cause animal disorders. To properly evaluate these factors, we request access to the relevant USDA data.

I have studied plant pathogens for more than 50 years. We are now seeing an unprecedented trend of increasing plant and animal diseases and disorders. This pathogen may be instrumental to understanding and solving this problem. It deserves immediate attention with significant resources to avoid a general collapse of our critical agricultural infrastructure.

Sincerely,

COL (Ret.) Don M. Huber
Emeritus Professor, Purdue University
APS Coordinator, USDA National Plant Disease Recovery System (NPDRS)

References

1. “Researcher: Glyphosate (Roundup) or Roundup Ready Crops May Cause Animal Miscarriages”, Jill Richardson, La Vida Locavore, 18 February 2011

http://www.lavidalocavore.org/diary/4523

2. “Researcher: Glyphosate (Roundup) or Roundup Ready Crops May Cause Animal Miscarriages”, 18 February 2011, http://farmandranchfreedom.org/gmo-miscarriages

3. Ho MW. Genetic Engineering Dream of Nightmare? The Brave New World of Bad Science and Big Business, Third World Network, Gateway Books, MacMillan, Continuum, Penang, Malaysia, Bath, UK, Dublin, Ireland, New York, USA, 1998, 1999, 2007 (reprint with extended Introduction). http://www.i-sis.org.uk/genet.php

Research Credit: RJF

(Reuters) - For many Americans, few things seem more wholesome than a glass of fresh-squeezed Florida orange juice, the original "natural food." As former beauty queen Anita Bryant chirped more than four decades ago, in what remains a fondly remembered tagline: "A day without orange juice is like a day without sunshine."

She wasn`t talking about green oranges or genetically altered ones, but that was then.

We live in a "world of nasty bacteria now," says Calvin Arnold, a scientist with the U.S. Department of Agriculture. An insect-borne bacterial disease that is ravaging Florida`s citrus crop means the juice squeezed from the Sunshine State`s fruit may soon come from trees that have had their genetic makeup modified.

The blight, commonly known as "greening," is the world`s most destructive citrus disease.

GMO juice would likely be reviled by critics of the biotech industry as "Frankenfood." But Arnold and other experts say there simply may be no other choice in the battle against greening.

"It`s the most serious disease threat that the Florida citrus industry has ever faced," said Arnold, a 67-year-old official with the USDA`s Agricultural Research Service.

As the director of the U.S. Horticultural Research Laboratory in Fort Pierce, in the prime Indian River region of Florida`s citrus belt, Arnold is on the frontlines of what he and others describe as an all-out push by the biotech industry, and geneticists in particular, to develop an effective weapon against greening.

Most scientists who have studied the problem seem to agree that genetic modification, and the cultivation of trees resistant to the bacteria that causes "greening" disease, currently hold out the only real long-term hope of fighting it.

That was the conclusion of a report sponsored by the Florida Department of Citrus and U.S. National Academy of Sciences in March, which highlighted the need for urgency to save Florida`s $9 billion citrus industry.

There are significant risks of failure, though, even as more money is poured into research. Much of the U.S. funding has come from Florida growers themselves, who have earmarked $15 million for the fiscal year ending in June 2011 on 120 different projects aimed at coming up with a solution to greening.

For all their promise, since genetically modified crops made their commercial debut in the United States about 15 years ago, the biotech industry has so far had only limited success in using genetics to develop resistance to bacterial diseases.

If the new-age crop developers fall short now, it could dent some of their long-standing claims about ensuring global food security and making pesky farm pests a thing of the past.

According to Arnold, it could also mean that the large-scale citrus industry that exists in Florida today, which accounts for two-thirds of U.S. citrus fruit production, could be gone in as little as seven to eight years.

NO CURE, INDUSTRY SHRINKING

Also known as Huanglongbing (HLB), or "yellow dragon disease," greening was identified in China more than a century ago and has no known cure.

(NaturalNews) The Bill and Melinda Gates Foundation continues to throw its support behind risky genetically modified (GM) seeds as a means for feeding hungry Africans, ignoring safer and more reliable technologies that already exist.

Not long after publicly blaming GM critics for prolonging hunger in Africa, Gates announced that his foundation is partnering with DuPont subsidiary Pioneer Hi-Bred to develop higher yield GM strains of corn. Two years ago, the Gates Foundation also partnered with Monsanto to develop drought-tolerant GM corn.

The companies claim that these GM seeds will be delivered to small farmers free of charge. Yet Monsanto says its drought-tolerant corn will not be ready until 2012, at which point it will be introduced into the commercial market. It will not be made available to poor African farmers until 2016.

Pioneer is using conventional (non-GM) breeding techniques to produce higher yielding corn by 2014. There is no projected date for when a GM version of this new strain will be developed.

"It`s hard not to think that Monsanto, Dupont and their ilk are turning into the Bernie Madoff of agriculture," writes "Grist" blogger Tom Laskawy. "Convince gullible foundations along with the federal government to send billions in research dollars their way based on a promise of magically awesome results. Sometime down the road, of course."

As Laskawy notes, the Nigeria National Variety Release Committee has already developed -- without the use of biotechnology -- various new corn strains that are resistant to drought, pests, disease, and poor soil fertility. These conventionally bred seeds do not pose any of the well-documented risks of GM crops, such as toxic health and environmental effects; the production of "super-weeds" and contamination of organic crops through cross-pollination; increased pesticide use; or encouraging monocultures and a loss of seed diversity.

"If only Bill Gates, not to mention USDA Chief Tom Vilsack or Secretary of State Hillary Clinton, would spend some of their money getting those Nigerian seeds into farmers` hands today," Laskawy writes. "Instead, they`d prefer to funnel billions of dollars to biotech giants because, well, 2016 isn`t really so long to wait." Read More