Organic Farmers' Suit Against Monsanto Dismissed

Judge Sides with Monsanto in Lawsuit   

Ridicules Connecticut NOFA Farmers' Right to Grow Food without Genetic Contamination and Economic Harm

New York, NY - Judge Naomi Buchwald's February 24 decision dismissing the case of Organic Seed Growers and Trade Association et al v. Monsanto was met with great disappointment by organic farmers, seed growers and agricultural organizations, including CT NOFA—and a renewed commitment to fight on.

Daniel Ravicher, lead attorney for the 81 plaintiffs represented in the lawsuit, said, "While I have great respect for Judge Buchwald, her decision to deny farmers the right to seek legal protection from one of the world's foremost patent bullies is gravely disappointing."

"Her belief," added Ravicher, "that farmers are acting unreasonably when they stop growing certain crops to avoid being sued by Monsanto for patent infringement, should their crops become contaminated, maligns the intelligence and integrity of those farmers." 

Ravicher said the judge failed to address the purpose of the Declaratory Judgment Act and mischaracterized the Supreme Court precedent that supports the farmers' standing.  "In sum, her opinion is flawed on both the facts and the law.  Thankfully, the plaintiffs have the right to proceed to the Court of Appeals, which will review the matter without deference to her findings," the attorney said.

Monsanto's history of aggressive investigations and lawsuits brought against farmers in America has been a source of concern for organic and non-GMO agricultural producers since Monsanto's first lawsuit brought against a farmer in the mid-‘90s.  Since then, 144 farmers have had lawsuits filed against them by Monsanto for alleged violations of their patented seed technology.  

Monsanto has sued more than 700 additional farmers who have settled out-of-court rather than face Monsanto's belligerent, and well-financed, litigious actions. 

Many of these farmers claim to not have had the intention to grow or save seeds that contain Monsanto's patented genes. Seed contamination and pollen drift from genetically engineered crops often migrate to neighboring fields. If Monsanto's seed technology is found on a farmer's land without a contract the farmer can be found liable for patent infringement.

"Family farmers need the protection of the court," said Maine organic seed farmer Jim Gerritsen, President of the Organic Seed Growers and Trade Association, the lead plaintiff. 

Gerritsen added, "We reject as naïve and indefensible the judge's assertion that Monsanto's vague public relations 'commitment [not to sue farmers for 'trace amounts' of their seeds are genetically engineered traits], should be 'a source of comfort' to plaintiffs. The truth is we are under threat and we do not believe Monsanto." 

The plaintiffs brought the suit against Monsanto to seek judicial protection from such lawsuits and challenge the validity of Monsanto's patents on seeds.

"Monsanto is the big biotechnology bully and has used the courts, for years, to intimidate farmers," said Mark A. Kastel, Senior Farm Policy Analyst at The Cornucopia Institute, another plaintiff.  "The purpose of our lawsuit is to preemptively challenge its reign of intimidation over organic farmers, and others, who have chosen not to jump on their genetically engineered bandwagon."

Another plaintiff, organic farmer Bryce Stephens of Kansas, added, "As a citizen and property owner, I find the Order by the Federal Court to be obsequious to Monsanto."

"Seeds are the memory of life," said Isaura Anduluz of plaintiff Cuatro Puertas in New Mexico.  "If planted and saved annually, cross pollination ensures the seeds continue to adapt. In the Southwest, selection over many, many generations has resulted in native drought tolerant corn.  Now that a [Monsanto's] patented drought tolerant corn has been released how do we protect our seeds from contamination and our right to farm?"

A copy of Judge Buchwald's ruling is located here

 To learn more about the lawsuit, come to Dan Ravicher's workshop at the CT NOFA Winter Conference this Saturday, March 3 at Manchester Community College.

Don't Just go Local, Grow Local!

When searching for the most delicious, healthiest, and most cost effective produce, a great tactic is to buy local.  Locally produced foods cut down on transportation costs and are fresher, more nutritious, and tastier than foods that are brought in from far away.  If you take that mentality to its logical conclusion, however, the most local you can get is to simply grow it yourself!  Growing your own fruits and vegetables is incredibly cost effective, and even if you don't own a yard where you can plant a garden, you can still grow food in planters on the porch or near a window indoors.  Food picked fresh from your own home often tastes better as well since it couldn't possibly be any fresher, and you have the satisfaction of knowing that you grew it yourself.

The image above from the National Gardening Association details the demographics of American home gardeners.  A larger version of the image can be found here.  According to this information, over a third of households in the US have a garden, and many of those people are new to gardening.  If you are interested in starting a garden, or have just started one and want to learn more about how to successfully produce your own fruits and veggies, check out our workshops at Common Ground High School in New Haven.

Have a great evening!

HB 5155 in Connecticut is a Really Big Deal

"With so many unknowns and with plausible evidence of harm to children it makes no sense for our children to be involuntarily exposed to the unnecessary use of these toxic chemicals especially when there are safe, effective affordable alternatives." - Bill Duesing as quoted in the Connecticut Post


Hi All,

I know you must be tired of us only discussing GMO-Labeling and the potential reversal of the pesticide ban.  But these are really, really important issues.  Connecticut has the opportunity to either take big steps in the right direction towards toxics safety in foods and school grounds, or taking ten steps backwards.

Healthy soil yields pest-
resistant plants!

Lets focus on the pesticide bill. The NOFA Organic Land Care Program has just concluded two of our three accreditation courses, and we've accredited about 65 new professionals (if you're interested, there's one more course in Rhode Island!)  Since I am a new employee, this is the first time I've sat through the course (though I did have the pleasure of coordinating it), and this comprehensive thirty hour course focuses on plant health, because the best pesticide (for people, the environment, pests and plants) seems to be prevention.  We also celebrated some of our landscapers who have been accredited for ten years this past December.  Organic has worked for these landscapers for ten years - it just needs to be done right!

There was a public hearing about HB 5155, an Act Modifying the Ban on Pesticide Applications on School Grounds on Wednesday, February 22.  I was unable to go because it was the last day of our Accreditation Course, and I needed to moderate the Accreditation Exam (which everyone did very well on, by the way). Yes, it's a little bit ironic that our program accredited 36 new professionals prepared to offer the services that school groundskeepers and pesticide lobbyists claim are too difficult, too expensive, or simply impossible on the same day as this hearing.  

Since I couldn't go, I submitted the following testimony:

What kind of chemicals should children really be exposed to?

I am writing from the classroom of the Accreditation Course in Organic Land Care, overseen by the Northeast Organic Farming Association’s Organic Land Care Program.  We are in the fourth day of the course, and the students have learned about turf management, planting, mulching, fertilizing and pest management all without the chemicals that the NOFA Standards for Organic Land Care have found to be both harmful and unnecessary. 

Connecticut took the lead on toxics safety and child health regulations with the pesticide ban.  The pesticides banned by P.A. 09-56 have been linked to serious health issues including, but not limited to, birth defects, behavior disorders, respiratory disease like asthma and potentially cancer.  Children are especially vulnerable to these dangerous chemicals because they play in the grass and because of their smaller, developing bodies. 
The pesticide ban is a law that Connecticut should be proud of.  Our state has prioritized the health of children over the importance of bright green grass, and the profits of chemical companies. 
Widespread non-compliance must be addressed by education and training support from programs similar to the NOFA Organic Land Care’s Accreditation.  More parents and families are choosing organic landscapers for their homes.   To then expose their children to these harmful chemicals at school disrespects these parents’ values.  As awareness grows about the potential threats of lawn chemicals, one can only expect greater support for the pesticide ban in Connecticut schools.

NOFA has the only internationally approved
land care standards

The alternative to pesticides exists. Organic land care has been applied to sports fields, turf grass, parks, homes, and many types of grounds. NOFA's Accreditation Program is in its twelfth year and we have a number of accredited organic professionals with decades of experience and many successful years offering organic services. As with every sustainable practice, at first it is more difficult. Organic land care requires that land care professionals develop an understanding of the ecology of the systems they are working with, and apply these lessons to the grounds. 
To address non-compliance with a law by simply eliminating the law is unthinkable.  Using this standard, most new laws would need to be reversed in the first couple years that new regulations take effect.  To move backwards in regards to laws protecting the health of children would be an embarrassment for Connecticut.
Sincerely,
Kristiane Huber

Bill Duesing, our Executive Director also submitted an eloquent testimony which you can read here, you can read all the testimonies on this page.  Want to comment on the bill? Beyond Pesticides has set up this online petition which will help you contact your legislator directly. 

Best,
Kristiane

Our Winter Conference is Less than Two Weeks Away!

Wow, what a busy few weeks we've been having here!  We're in the middle of our Accreditation Course in Organic Land Care, as well as preparing for several upcoming workshops and tabling events in New Haven and Hartford.  We're also gearing up for our biggest event of the year - our Winter Conference!

Join us in celebrating our 30th Annual Winter Conference with keynote international bestselling author Jeffrey M. Smith.  Mr. Smith is the leading spokesperson on the health dangers of Genetically Modified Organisms (GMOs). He documents how the world’s most powerful Ag biotech companies bluff and mislead critics, and put the health of society at risk.

Our schedule of events for the day is now available online! There will be over 40 workshops, a potluck lunch, vendors, live music, cooking demos, exhibits, and expert panels.  If you're a member or volunteer for us at the conference, you even get $10 off your registration!  Best of all, we're running a promotion right now so that you can become a member for just $15 for the first year.  Join today and take advantage of the member discount at the Winter Conference!

This short video from our 2010 Conference gives an idea of what it's like to attend:


Our biggest event of the year might be under two weeks away, but you can still take part!  Check out our website to learn more, and fill out your registration online.  You can also register by calling our office at 203.888.5146 or by mailing in a printable registration form. 

With hundreds of people in attendance every year, this is an experience you don't want to miss!  Sign up today and I'll see you there!

Best,
Melissa

Connecticut's Legislative Session Has Definitely Begun

There are so many things going on this week! I'm writing from the Accreditation Course in Organic Land Care in New Haven.  It's been a great class so far, we have about 40 students and have learned about soil biology, fertilizers, rain gardens, planting, mulches, meadows and organic turf management!

GMO-Labeling Bill:

A very exciting bill was just introduced in the Connecticut House of Representatives. HR Bill 5117 is an "Act Concerning Genetically Engineered Foods."  We're working on creating an online petition, but you can look up your legislator here and let them know that you have the right to know exactly what is in your food, exactly what you are eating and if it is harmful or potentially harmful.  Read our Executive Director, Bill Duesing's initial message about the legislation on Connecticut Environmental Headlines. Stay tuned for more information on how to take action and support this legislation.

Reversal of the School Pesticide Ban:

A very discouraging bill was also introduced to the House of Representatives.  Maybe in the same letter to your representative you might want to address the "Act Modifying the Ban on Pesticide Applications on School Grounds" or House Bill 5155.  This bill is designed to undo the pesticide ban on school grounds and playing fields at K-8 schools.  

That's right.  There is a bill in our state to reverse a law passed to protect Connecticut's children.  

Transitioning to organic is not easy, and Connecticut's groundskeepers have required more support to successfully make their school grounds pesticide free and beautiful. It would be easier, of course to just go back to how it used to be, and expose every child ages 5- 14 to chemicals used to kill other living things like insects, grubs and soil organisms.  

Both of these bills come down to our right to our health.  I don't care if genetically modified foods, foods treated with pesticides, and direct exposure to pesticides might be okay for me.  That's not enough.  These are our bodies, our children, and our future.  It is unconscionable to expose children to chemicals that might cause respiratory disorders, cancer, and reproductive issues later in their lives.

The potential health threats of GMOs are extensive but I'll leave it to the experts like Jeffrey Smith (who will be speaking on March 3 at CT NOFA's Winter Conference) to explain these risks. The point is that if there is any question about it's safety (and when it comes to GMOs and pesticides, there is beyond a question) then the public needs to be fully aware of the risks, and there needs to be a way for them to avoid these risks.

That is why we need your help. Please contact your representative, talk to your friends, and let's establish our right to healthy bodies and futures.

Best,
Kristiane

The Coventry WinterFresh Farmers' Market

Coventry WinterFresh Market Sunday, February 12, 2012

Sunday, two of our staff members, myself included, went to table at the Coventry WinterFresh Farmers' Market in Coventry, CT, out by Tolland and the University of Connecticut.  The event was wonderful - as someone who had never been to the Coventry Market before, I was thoroughly impressed by both the turnout of attendees and the selection of goods for sale.  It may be the end of winter - that tricky time of year when stored produce from the fall starts to run out while it's still too early to begin planting many summertime favorites - but that doesn't mean you can't find a variety of delicious options from local producers.  In this respect the Coventry Market is a real winner.  The locally grown and produced goods really cover all bases, from seafood to greenhouse and storage produce, to diary, meat, baked goods, and even hot sauce!  Not to mention the stands selling inedible items like beeswax candles, clothing, and cutting boards.  This market is a great example of what CT NOFA is trying to promote with its Winter Food Project: increased access to safe, healthy, local food throughout the year.  The first step in that process is to get the word out about what is available year-round in the state, so tell your friends about this and other winter markets listed on our website.

Here is a brief description of the Winter Market, as provided by the Coventry Market's website:

A photo of me next to CT NOFA's table and display board

Coventry WinterFresh Farmers’ Market brings you more than 30 local farmers and specialty food producers, from 11-2, Sundays, at Coventry High School, 78 Ripley Hill Rd. in Coventry, Connecticut. Running from November 20 through the end of February, our WinterFresh Market makes it easier to eat seasonally and locally through the depths of winter. We offer the freshest, tastiest food grown and produced in the state every Sunday, in a warm, indoor setting with good parking and easy access. We’ve lured the best farmers and food producers in Connecticut! We think you’ll be impressed! 

This was a great event for us to table at because it not only served as an easy informal way to reach audiences that didn't previously know about CT NOFA and our programs, but also was a wonderful opportunity to do a little grocery shopping!  If you'd like to come table for CT NOFA at a farmers market this spring, send me an email.  We have many volunteer opportunities coming up at markets and outreach events across the state, especially as Earth Day in April draws closer.  Volunteering for us is fun, educational, and often delicious!

Have a great afternoon!
-Melissa

Rethink Valentine's Day!

It's that time of year, all the ads for edible arrangements, flowers and Russel Stover Chocolates are back on television.  However, as human rights and environmental groups observe on virtually every holiday (Thanksgiving, Christmas, Easter, Halloween) the ecological and human rights costs of these products are in sharp contrast to the holidays they are used to celebrate.  Could there be a worse gift than something dowsed in chemicals, that causes birth defects, and permanent environmental damage?

About 78% of the flowers imported to the U.S. are from Colombia and Ecuador.  Cut flowers are heavily treated with pesticides, herbicides and fungicides, a number of these chemicals are considered illegal in the United States.  The people who apply these chemicals are young women and sometimes children, causing serious respiratory disorders and birth defects. Then they have to be shipped thousands of miles, continually hydrated, and refrigerated. 

While the CEO of Russell Stover has promised that their contracts with cocoa companies in the Ivory Coast prohibit slave labor, the ecological cost of plantation farming, pesticide application and chocolate processing is extensive (and don't even get us started on palm oil).

Why not be a little more creative than chocolate and flowers?  

It actually doesn't even require a lot of creativity.  Preparing a healthy, local, organic meal is a pretty great option, and you can avoid the Valentine's Day Restaurant craze.  There is also a growing popularity of local and organic wines. 

Fair trade organic chocolate is a little pricey (and definitely not local) - but it's delicious, and pays workers a fair price and invests in sustainable farming in developing countries, some mainstream brands like dove are even moving towards sustainability. Choosing local jewelry and crafts support local artists and are more unique.  It's also time to buy seeds (if you haven't already) - organic seeds will grow into an organic garden which will turn into organic homegrown food!

The best possible gift of course is a gift CT NOFA membership or maybe a gift Winter Conference registration.  

Have a great weekend!
Kristiane

P.S. The NOFA Accreditation Course in Organic Land Care starting next Wednesday in Connecticut and on Febrary 27 in Rhode Island is still taking registrations if you are serious about "going organic" with your business, organization, town or school!