Monsanto contaminates; Farmer has to pay.

[geno@zap.a2000.nl]

Biotech Activists (biotech_activists@iatp.org)    Posted: 
03/30/2001 
By resist@best.com
=================================================
=========== Major
Victory for Biotech Giant Monsanto

<http://washingtonpost.com/wp-dyn/articles/A12927-
2001Mar29.html>

Farmer Liable For Growing Biotech Crops

by Marc Kaufman
Friday, March 30, 2001

A judge yesterday ordered a Canadian farmer to pay the 
biotechnology
giant Monsanto Co.  thousands of dollars because the company's
genetically engineered canola plants were found growing on his 
field,
apparently after pollen from modified plants had blown onto his
property from nearby farms. The closely watched case was a major
victory for companies that produce genetically modified crops and 
have
been aggressively enforcing agreements that require farmers to pay
yearly fees for using their technology. But the decision in a federal
court in Saskatoon, Saskatchewan, was a significant setback for
farmers who fear they will be held liable if pollen from neighboring
farms blows onto their fields, transmitting patented genes to their
crops without their knowledge or consent. Dozens of similar lawsuits
have been filed against farmers around the United States, but the
Canadian case is the first to go to trial. The case also highlights
growing tension between farmers and large agricultural biotechnology
companies, whose high-tech crops are transforming the traditional ways
growers tend their fields. "I've been using my own seed for years, and
now farmers like me are being told we can't do that anymore if our
neighbors are growing [genetically modified] crops that blow in," said
Percy Schmeiser, 70, the farmer from Saskatchewan who was sued by
Monsanto. "Basically, the right to use our own seed has been taken
away." Genetically engineered corn, soybeans, cotton and canola have
become widely used in the United States, and recent evidence suggests
that their pollen can spread to conventional crops. That means any
farmer whose neighbors grow engineered varieties could find himself in
the same situation as Schmeiser, especially farmers of easily
windblown canola and corn. A Monsanto spokeswoman in Winnipeg,
Manitoba, said yesterday that the decision will help protect the
intellectual property rights of the company and of thousands of
farmers who pay for its technology. "This is a clear win for Monsanto,
and this is very good news for us," said Trish Jordan, manager of
public and industry affairs for Monsanto Canada. "What the judge found
was that Mr. Schmeiser had infringed on our patent, and awarded us
damages." In his ruling, federal Judge W. Andrew MacKay concluded that
a farmer does not have the right to grow crops with a patented and
genetically modified gene unless he has an agreement with the company
that owns the patent. MacKay also ruled that it didn't matter whether
the farmer took advantage of the patented gene. In this case,
Schmeiser did not. The Monsanto canola contains a gene that protects
the crop from the herbicide Roundup.  With Roundup Ready canola,
farmers can spray the herbicide more widely and control weeds more
easily. Seed companies representing Monsanto, and similar
biotechnology companies, sell their modified genes to farmers under an
agreement that they use them for only one season.  Traditionally,
farmers have stored their best seeds and replanted them. Monsanto
communications director Lori Fisher said yesterday that seed companies
that license Monsanto technology will help farmers remove unwanted
genetically modified plants in their fields. She called the Schmeiser
case unusual and said that farmers support the company's effort to
protect its patent. But a spokeswoman with the National Farmers Union,
which represents 300,000 small farmers and ranchers in the United
States, said the organization has been following the Schmeiser case
with apprehension. "We're extremely concerned by what liabilities may
unfold for the farmer, particularly with cross-pollination of
genetically modified plants," she said. Margaret Mellon, director of
the agriculture and biotechnology program of the Union of Concerned
Scientists, called the ruling "stunning. "This means that people who
are in the neighborhood of genetically modified crops will have to pay
royalties to the companies for products they never purchased and got
no benefits from," she said. The decision prohibits Schmeiser from
using his seed again and requires him to pay Monsanto about $10,000
for its user fees and up to $75,000 in profits from his 1998 crop. 
MacKay told the farmer and company that he would impose a financial
settlement if they couldn't work one out. Schmeiser is a
fifth-generation farmer in Bruno, Saskatchewan. In his trial last
summer, he acknowledged he was aware that Roundup Ready canola had
gotten into his crops in 1997.  He said he used seeds from that crop
for his next year's planting, as he traditionally did but with no
intention of taking advantage of the genetically modified plants'
engineered trait. Representatives of Monsanto Canada received reports
from nearby farmers in 1998 that they believed Schmeiser was using
Roundup Ready canola without an agreement. Private investigators
collected samples from Schmeiser's fields and confirmed the presence
of the modified canola. They reported that the crop was made up almost
entirely of genetically modified plants. Schmeiser denied that, and
third-party tests found the presence of modified canola to be
significantly less. He became something of a hero in farmer and
anti-biotech circles for his fight against the company. ------- See
also: http://www.percyschmeiser.com/




============================================================
How to Use this Mailing List
============================================================

You received this e-mail as a result of your registration on the
biotech_activists mailing list.

To unsubscribe, please send an email to listserv@iatp.org. In the body
of the message type: unsubscribe biotech_activists

For a list of other commands and list options, please send email to
listserv@iatp.org. In the body of the message type: help

Please direct content questions about this list to: dwiehoff@iatp.org

Please direct technical questions about this service to:
support@iatp.org