Pesticide and Environmental Update
Monsanto
vs. Percy Schmeiser
On March 29, 2001, a Canadian judge dealt a crushing blow to Farmers'
Rights by ruling that Percy Schmeiser, a third generation Saskatchewan
farmer, must pay Monsanto thousands of dollars for violating the
corporation's monopoly patent on genetically engineered (GE) canola seed.
Under Canadian patent law, as in the U.S. and many other industrialized
countries, it is illegal for farmers to re-use patented seed, or to grow
Monsanto's GE seed without signing a licensing agreement. If the
biotechnology corporations and U.S. Trade Reps get their way, every nation
in the world will be forced to adopt patent laws that make seed saving
illegal. The ruling against Schmeiser establishes an even more dangerous
precedent because it means that farmers can be forced to pay royalties on
GE seeds found on their land, even if they didn't buy the seeds or benefit
from them.
Percy Schmeiser did not buy Monsanto's patented seed, nor did he obtain
the seed illegally. Pollen from genetically engineered canola seeds blew
onto his land from neighboring farms. (Percy Schmeiser's neighbors and an
estimated 40% of farmers in Western Canada grow GE canola). Monsanto's GE
canola genes invaded Schmeiser's farm without his consent. Shortly
thereafter, Monsanto's "gene police" invaded his farm and took
seed samples without his permission. Percy Schmeiser was a victim of
genetic pollution from GE crops--but the court says he must now pay
Monsanto US$10,000 for licensing fees and up to US$75,000 in profits from
his 1998 crop.
The GE canola that drifted onto Schmeiser's farm was engineered to
withstand spraying of Monsanto's proprietary weedkiller, Roundup. But
Schmeiser did not use Roundup on his canola crop. After all, if Schmeiser
had sprayed his crop, the chemical would have killed the majority of his
canola plants that were not genetically engineered to tolerate the
weedkiller! Schmeiser didn't take advantage of Monsanto's GE technology,
but the court ruling says he's guilty of using the seed without a
licensing agreement.
Monsanto (acquired by Pharmacia last year) is the world's largest
biotechnology corporation. The court ruling has far-reaching implications
for farming communities around the world. Last year, Monsanto's GE seed
technology was planted on 41.6 million hectares (103 million acres)
worldwide. That means Monsanto accounted for 94% of the global area sown
to genetically modified seeds in 2000. (Total worldwide area is 44.2
million hectares or 109.2 million acres.)
Thanks in large part to Terminator technology, the Monsanto's name has
became synonymous with GE seeds and corporate greed. Although Monsanto
disavowed "suicide seeds" in the wake of international public
protest, the company has routinely employed Draconian measures to prevent
farmers from re-using patented seed, including the use of private police
to root out seed-saving farmers, and toll-fee hotlines to encourage rural
residents to snitch on their farm neighbors. Monsanto has threatened to
"vigorously prosecute" hundreds of cases against seed saving
farmers, but Schmeiser's was the first major case to reach the courts.
Schmeiser courageously decided to fight back and speak out against
bioserfdom.
In North America, where many farmers have embraced GE technology, there
are signs of resistance worth noting:
* The National Farmers Union of Canada has called for a national
moratorium on producing, importing and distributing GE food.
* A bill introduced in North Dakota (U.S.), backed by the state's wheat
farmers, would impose a moratorium on growing genetically modified
wheat--a crop that Monsanto hopes to commercialize by 2003.
* In March 2001 the National Farmers Union (U.S.) adopted a policy
supporting a moratorium on the introduction, certification and
commercialization of genetically engineered wheat until issues of
cross-pollination, liability, commodity and seed stock segregation, and
market acceptance are adequately addressed.
* The Indiana (U.S.) House of Representatives passed a bill last month
defending the farmers' right to save seed.
* Oklahoma's Secretary of Agriculture, Dennis Howard, recently
commented: "After reviewing Monsanto's 2001 Technology Agreement, I
would discourage any farmer from signing this document. Not only does this
contract severely limit the options of the producer, it also limits
Monsanto's liability...The protection of the Monsanto contract is strictly
one-sided and I would encourage producers to carefully consider this
before entering into this agreement."
Support Percy Schmeiser
Percy Schmeiser has filed a counter-suit against Monsanto, but his
family faces enormous legal costs that cannot be sustained without outside
assistance. Contributions to Schmeiser's legal defense may be sent to:
"Fight Genetically Altered Food Fund Inc." CIBC (Canadian
Imperial Bank of Commerce) 603 Main St. Humboldt SK Canada SOK 2AO Phone
306 682-2614
For more information about Percy Schmeiser's case, go to: http://www.percyschmeiser.com
To see the 62-page decision by Canada's federal court judge Andrew
MacKay go to: http://www.fct-cf.gc.ca
Source: Rural Advancement Foundation International (RAFI) Geno-Types,
April 2, 2001.
Contact: Rural Advancement Foundation International, 110 Osborne St.,
Suite 202, Winnipeg MB R3L 1Y5 CANADA; phone (204) 453-5259; fax (204)
925-8034; email rafi@rafi.org; http://www.rafi.org
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