Oppositiion to California's GMO Labeling Initiative

Yesterday's blog post about the California GMO Labeling Ballot Initiative showcases a very important potential step toward eventual GMO labeling across the country.  California has the highest GDP of any state in the nation, a GDP higher than many countries, so passing a labeling initiative there is likely to cause a domino effect culminating in mandatory labeling across the US.  Because of this, one of the nation's largest food lobbies, the Grocery Manufacturer's Association, has made defeating the initiative - called Prop 37 - their "single-highest priority".

According to an editorial on Food Safety News,

In a recent speech to the American Soybean Association (most soy grown in the U.S. is genetically modified), Grocery Manufacturers Association President Pamela Bailey said that defeating the initiative "is the single-highest priority for GMA this year."

You may not know the Grocery Manufacturers Association, but its members represent the nation's largest food makers -- those with the most at stake in the battle over GMO labeling; for example, soft drink and snack giant PepsiCo, cereal makers Kellogg and General Mills, and of course, biotech behemoth Monsanto.

According to state filing reports, so far GMA has spent $375,000 on its efforts to oppose the labeling measure, with its members adding additional out-of-state lobbying power in the tens of thousands of dollars.

Since Prop 37 poses a significant threat to many of the nation's largest food makers, corporations that make a lot of money from the production and sale of Genetically Modified foods, it makes sense that the lobbying group that represents those interests would be fiercely fighting back.  This backlash, however, is promising because it shows just how powerful Prop 37 really is. Lobbying groups might have a lot of money on their side, but no amount of money can compete with a large group of voices speaking out in unison.

Here in Connecticut we might not be able to vote on Prop 37, but that doesn't mean that we can't speak out in support of it.  The more people nationwide who show their support of mandatory GMO labeling, both publicly and to their friends and neighbors, the more likely those in California who can vote on it are to hear us.  After all, the Grocery Manufacturer's Association is a giant national lobbying firm that is currently influencing the outcome of the vote, regardless of whether or not it's employees can actually vote on the ballot itself.  So talk to those around you and be outspoken, because your voice makes a difference.  Let's show California that we support their right to know what's in their food!

Have an outspoken day!
-Melissa

Join Right to Know CT for a GMO town hall meeting May 23

An important message from our Executive Director, Bill Duesing:  

Friends,

We can't let Monsanto keep control of our legislative process through threats and disinformation.
 
90 percent of Americans want to know if GMOs are in their food.  A pré vote tally of CT representatives indicated that 85 percent of them supported the labeling legislation.
 
Monsanto (and its biotech buddies) don't support labeling.
 
Look at the results in CT and VT (no labeling) and compare that to what you'd expect in a democracy.
 
Did you see the latest damnation of industrial food?
 
KPMG, a major accounting firm says that the food industry produces over $2 worth of environmental and resource damage for each $1 in profits.
 
Other information indicates that the industrial food system produces at least $1.50 in medical costs for each dollar of profit, just for the big three diet related diseases-obesity, diabetes and heart disease. We've been told that one in three children born in this century will develop diabetes and that currently many teenagers are developing this expensive and dangerous disease.
 
So just these two categories, which likely miss some things-like the cost of food related cancers and allergies-indicate that for each $1 for food system profits, humans and the environment pay $3.50 in costs.
 
The profits of the food industry are literally coming from destruction of the health of people and the environment.
 
It is time to get serious about our food system. Little else is so important.
 
Our food choices are powerful tools for change. Eating locally, organically and lower on the food chain are ways each of us can make a difference.

You are invited to join us at a Right To Know CT town hall-style meeting. 

Wednesday, May 23

Church of the Redeemer, UCC

185 Cold Spring Street, New Haven, CT 06511

10:20 am – 12:00 noon 

We will discuss a number of key campaigns and initiatives we will be undertaking over the next few months to educate and influence Right to Know CT's three main constituent groups: farmers, consumers and legislators. Leaders spearheading these efforts will briefly present them to the group and welcome members to volunteer to help. We will also discuss strategic partnerships and invite members to take ownership of and manage these relationships on behalf of Right to Know CT. During the communal share, members will have an opportunity to share with the group any program, event, initiative, project, etc. they are involved with and invite others to participate. We will also be organizing groups by geographical areas and encouraging attendees to sign up for Jeffrey Smith's Tipping Point Network. Representative Richard Roy, the original sponsor of the GMO labeling bill will be in attendance. We hope to see you there.

Farmers Determined to Defend Right to Grow Food File Appeal in OSGATA vs. Monsanto

The CT NOFA Board voted on  March 18 to remain plaintiffs in the case against Monsanto through the appeal process! Read the press release from the Public Patent Foundation:

Battle over Farmers' Rights Against Monsanto Continues to Brew 

 NEW YORK - March 28, 2012 - Today, in Federal District Court in Manhattan, family farmers filed their Notice of Appeal to Judge Naomi Buchwald's February 24th ruling dismissing Organic Seed Growers and Trade Association et al v. Monsanto.  The United States Court of Appeals for the Federal Circuit will hear the farmers' appeal, seeking to reinstate the case, which has received worldwide attention. The farmers are determined to move forward with their lawsuit challenging Monsanto's patents on genetically engineered seed technologies in order to continue their pursuit of Declaratory Judgment Act court protection from Monsanto's claims of patent infringement should their crops become contaminated by Monsanto's seed.

"Farmers have the right to protect themselves from being falsely accused of patent infringement by Monsanto before they are contaminated by Monsanto's transgenic seed," said Dan Ravicher, Executive Director of the Public Patent Foundation (PUBPAT), a not-for-profit legal services organization based at Benjamin N. Cardozo School of Law that represents the plaintiffs. "Judge Buchwald erred by denying 

Jim Gerritsen

plaintiffs that right and they have now initiated the process of having her decision reversed."

The original complaint in OSGATA et al v. Monsanto was filed on March 29, 2011. In July, Monsanto filed a motion to dismiss.  Plaintiff lawyers at PUBPAT then filed a rebuttal brief on August 11, 2011. Judge Buchwald called for oral argument on the motion to dismiss, which was held in Manhattan on January 31, 2012.  The judge'sdismissal ruling was issued February 24th and plaintiffs were given thirty days in which to file their Notice of Appeal.

"Farmers are under threat.  Our right to farm the way we choose, and to grow

pure organic seed and healthy food on our farms for our families and for our customers is under assault," said Maine organic seed farmer Jim Gerritsen, President of lead Appellant OSGATA. "We are honor-bound to challenge an erroneous ruling which denies family farmers the protection the law says we deserve. We're not asking for one penny from Monsanto. Ultimately, our fight is for justice and is waged to defend the right of the people to have access to good and safe food."

  

occupyfood.wordpress.com/

The Plaintiff/Appellant group is comprised of individual family farmers, small and family-owned seed companies and agricultural organizations.  They are all organic or committed to farming without using genetically engineered seeds, and have no desire to ever farm with Monsanto's patented GMO technology.  However, they are fearful that Monsanto seed will trespass onto their farms and that the resulting contamination of their crops will be viewed by Monsanto as illegal 'possession' resulting in patent infringement allegations. Monsanto's harassment of family farmers is well known in farm country, the biotech seed and chemical giant has one of the most aggressive patent assertion agendas in U.S. history. Between 1997 and 2010, Monsanto admits to filing 144 lawsuits against America's family farmers, while settling another 700 cases out of court for undisclosed amounts and imposing gag orders on farmers. The farmers' fears were heightened when Monsanto refused to provide a legally binding covenant not to sue, signaling Monsanto's intention to maintain their option to sue innocent family farmers in the future.

"America's farmers deserve to be protected under the law from the unwanted genetic contamination of their crops by Monsanto's flawed genetically engineered seed technology," said David Murphy, founder and Executive Director of Food Democracy Now!, an Iowa-based national advocacy organization of more than 300,000 members. "These farmers have no desire to use Monsanto's GMO seeds, yet they are forced into the untenable position of losing their right to farm in the manner in which they choose, face legal intimidation and the loss of economic livelihood, all because America's legal system has failed to adequately protect them from the real threat of genetic trespass that is inherent as a result of Monsanto's patented GMO seeds and the natural biological functions of cross pollination from wind, insects or animals."

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.

Why Seed Catalogs are Great Tools

Our newest edition of Gleanings eNews features organic seed catalogs as this month's favorite tools. Since new organic seed catalogs have just come out for the 2012 season, now is a good time to note how informative and useful seed catalogs can be when starting out your garden or farm for the year.  Really knowing what kinds of seed grow best in a particular soil and climate and when it's best to plant them can mean the difference between a successful harvest and a loss.  Seed catalogs (and the people working behind the scenes to compile them) provide more than just an indexed list of products for sale.  They represent a wealth of knowledge from decades of experience working with seeds.  If you are a farmer or gardener, taking every opportunity to soak up this kind of accumulated know-how can really put you ahead in terms of your production, regardless of whether you are growing for personal or commercial use.

A recent interview by A Way to Garden highlights one individual in the vast well of organic seed producers.  C.R. Lawn, the voice behind Fedco Seeds, is not only an expert on organic seed and production, but also was a keynote speaker at one of our past winter conferences, a co-author of the NOFA Handbook on saving seeds, and his business is a co-plaintiff in our suit against Monsanto.  In the interview, C.R. dicusses a host of topics ranging from his heroes, to the Monsanto lawsuit, to giving advice about the best lettuces, peas, and potatoes.  The following segment was particularly interesting:

Q. I have a famous garden friend who despite his expertise (and Italian heritage) lamented he could never ripen a proper crop of figs. Has any plant escaped your attempts at cultivation, or otherwise exasperated you?

A. I have never done well with peppers or eggplant. With peppers I think it is mostly that I have farmed in two windy locations and I have observed that peppers hate wind. They did much better when I built them little cages with row covers over.

I think plants know when you don’t like to eat them and they won’t grow for you. The eggplant falls in that category. Though a good chef can make an eggplant dish that I would eat, I lack that ability. The plants seem to know that and never grow for me. It doesn’t help that they prefer a great deal of heat (Maine sure was not warm enough for them most years), and they seem to be a favorite target for the Colorado Potato Beetle, which in my experience will decimate them must faster than it will potatoes.

C.R. makes a good point in this section that it's important to grow what you enjoy cooking and eating.  If you love what you grow you will have a vested interest in its success, and all that hard work will be all the more delicious come harvest time!

Have a great afternoon!

OSGATA et al v. Monsanto In Depth

The following is an excerpt from our Executive Director, Bill Duesing's, article in our newest edition of the Gleanings eNewsletter that was released today.  In the article, Bill details his visit to Manhattan on Tuesday to support farmers who are trying to prevent Monsanto from suing them for patent infringement.  If you would like to read the full newsletter, click here.  If you'd like to sign up to receive our monthly eNews, click here.

A GMO Hearing and Wingnuts
February 1, 2012

activists outside the courthouse

Yesterday I had the honor of representing CT NOFA and its members at a hearing, in the Southern District Court in lower Manhattan, on Monsanto's motion to dismiss our suit asking the court to prevent Monsanto from suing farmers whose crops are contaminated by Monsanto's modified genes. (See this document for more information on the lawsuit, including a list and descriptions of our co-plaintiffs.)
 
I joined 54 other organic and non-GMO farmers, representatives of organic farming organizations and organic seed producers before 7 AM in order to get a seat in the courtroom. We came from 20 different states and one Canadian province. Although there was no opportunity for us to speak, our attorney felt it was important to show the judge that there are real people behind the law suit. There was standing room only in the courtroom. Monsanto's only supporters were its four attorneys.
 
After about three hours of waiting... Read more here!

In the following video, Dan Ravicher explains what OSGATA et al v. Monsanto is all about.  The video is a little long, but gives a really good explanation that's easy to understand for those of us who aren't familiar with legalese. 


These resources help to explain why this lawsuit is important, and give an idea of what the outcome will mean for both farmers and consumers.  If you want to learn more about activism surrounding this case, check out the Organic Seed Growers and Trade Association's website.

You can also read two articles in the news about Tuesday's event here and here.

Update: A Citizen's Assembly of Support for Family Farmers vs. Monsanto

Community members assembled early this morning.

At 9:00 am this morning community members and stakeholders assembled outside of the Southern District Court in New York City to announce a public message that they stand behind family farmers as they go to court with Monsanto.  The lead plaintiffs in the case stated, " In the past two decades, Monsanto’s seed monopoly has grown so powerful that they control the genetics of nearly 90% of five major commodity crops including corn, soybeans, cotton, canola and sugar beets. This has resulted in onerous costs to farmers through high technology patent fees for seeds as well as burdensome litigation costs in defending themselves against lawsuits asserted by Monsanto.  In many cases organic and conventional farmers are forced to stop growing certain crops in order to avoid genetic contamination and potential lawsuits."  In response to the injustice leveraged on farmers by Monsanto, the Organic Seed Growers and Traders Association has filed suit against Monsanto.

Activists rallied after the court hearing.

The lawsuit OSGATA (Organic Seed Growers and Trade Association) et al vs. Monsanto was filed on behalf of 300,000 organic and non-GMO farmers and citizens to seek judicial relief in "protect[ing] themselves from ever being accused of infringing patents on transgenic (GMO) seed". The judge has requested and agreed to hear oral argument in orders to make a decision of whether or not to allow the farmers’ case to move forward in the courts after Monsanto filed a motion to dismiss the lawsuit. Supporters of farmers’ rights to grow food without fear and intimidation assembled outside the courtroom today to support the farmers in their claims, recognizing that these injustices affect us all and that this case is deserving of the court’s time and attention.

We won't know the results of the hearing for a few weeks, but are taking a stand and are committed to seeing this through. 

Have a great afternoon!

January 31: A Citizen's Assembly of Support for Family Farmers vs. Monsanto

When: Tuesday, January 31, 2011 @ 9:00 am

Where: Southern District Court, New York City

Daniel Patrick Moynihan United States Courthouse
500 Pearl St.
New York, NY 10007-1312

Here is a message from the lead plaintiffs in the Organic Seed Growers and Traders Association et. al v. Monsanto court case:

We wish to assemble free and peaceful citizens outside the Manhattan District court in an effort to present the important message to family farmers that millions of Americans stand behind them as they seek their day in court. In the past two decades, Monsanto’s seed monopoly has grown so powerful that they control the genetics of nearly 90% of five major commodity crops including corn, soybeans, cotton, canola and sugar beets. This has resulted in onerous costs to farmers through high technology patent fees for seeds as well as burdensome litigation costs in defending themselves against lawsuits asserted by Monsanto.

In many cases organic and conventional farmers are forced to stop growing certain crops in order to avoid genetic contamination and potential lawsuits. Between 1997 and April 2010, Monsanto filed 144 lawsuits against American farmers in at least 27 different states, for alleged infringement of its transgenic seed patents and/or breach of its license to those patents, while settling another 700 out of court for undisclosed amounts. As a result of these aggressive lawsuits, Monsanto has created an atmosphere of fear in rural America and driven dozens of farmers into bankruptcy.

The lawsuit OSGATA (Organic Seed Growers and Trade Association) et al vs. Monsanto was filed on behalf of 300,000 organic and non-GMO farmers and citizens to seek judicial relief in "protect[ing] themselves from ever being accused of infringing patents on transgenic (GMO) seed". The judge has requested and agreed to hear oral argument in orders to make a decision of whether or not to allow the farmers’ case to move forward in the courts after Monsanto filed a motion to dismiss the lawsuit. We are encouraging supporters of farmers’ rights to grow food without fear and intimidation to assemble outside the courtroom in a peaceful manner to support the farmers in their claims, recognizing that these injustices affect us all and that this case is deserving of the court’s time and attention.

Due to limited space, only a small number of individuals will be able to enter the courtroom and listen to the proceedings. We respectfully ask that farmers and plaintiffs in the case be given priority to hear this case in person as each plaintiff has traveled many miles and put a great deal on the line to be a part of this case.

In the spirit of peaceful assembly and respect for the courts, we request that you adhere to the following principles:

Principles for Citizens' Assembly

1.     Assemble outside the court in a show of support for family farmers and their right to grow food without the threat of intimidation, harassment or loss of income.
2.     Assemble peacefully to present a positive message that America’s citizens stand behind family farmers and support their rights of legal protection under the Constitution.
3.     Bring signs that portray messages of:

a.     Hope
b.     The positive impacts of sustainable and organic agriculture
c.     Solutions to our current crisis in food, agriculture and society
d.     Support for farmers who seek justice in the courts

4.     Be respectful of court security requests and follow them faithfully.
5.     Maintain a respectful distance from the court entry on Pearl Street, making sure not to block access for foot traffic or vehicles.
6.     Maintain a tone of respect for the court and the sanctity of our legal process as the judge hears the merits of this important case.
7.     Cell phones, cameras and tape recorders are prohibited inside the courthouse. Those who enter the courthouse must conform to court security protocols.
8.     No signs, t-shirts with slogans or other disruptions, visual or otherwise, are appropriate or allowed in the courtroom.
9.     No chanting or loud noises allowed outside the courthouse as all must maintain their conduct in ways that are respectful to the judicial process and in accordance with the seriousness of the case.
10.  Please follow the instructions of designated assembly captains who will continue to update you as the events of the day unfold.

As advocates for farmers and supporters of a citizen-based democracy we greatly appreciate your support for family farmers and your agreement to act in accordance with these principles in order to guarantee farmers' rights to grow food without fear and intimidation.

Location to Hear Plaintiffs and Attorney Comment After Hearing

Once oral arguments are heard in the court, farmers, plaintiffs and lead attorney Dan Ravicher of the Public Patent Foundation will be available for comments to supporters and the media, at the Southwest Corner on 500 Pearl Street, at Pearl Street and Cardinal Hayes Place.

For those planning on assembling at 9 am, Pearl Street has been recommended to gather respectfully and overflow can gather at Foley Square.

Link to Google Map http://bit.ly/NyDistrictCtPearlSt 

If link does not work, Google: 45 Cardinal Hayes Place, New York, NY for location of assembly, which is the intersection of Pearl Street and Cardinal Hayes Place.

Click here to RSVP to attend the Citizen's Assembly.

http://action.fooddemocracynow.org/sign/citizensassembly_monsanto/

Click Here to Sign Our Petition Supporting Farmers

http://action.fooddemocracynow.org/sign/farmersvs_monsanto/