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    Selling Food - Owning Seeds

    This morning I found an alarming article claiming that Senate Bill S510, the Food Safety Modernization Act of 2010, will make it illegal to grow, share, trade or sell homegrown food.

    Steve Green at Liberation Wellness also claimed, "Monsanto says it has no interest in the bill and would not benefit from it, but Monsanto’s Michael Taylor who gave us rBGH and unregulated genetically modified (GM) organisms, appears to have designed it and is waiting as an appointed Food Czar to the FDA (a position unapproved by Congress) to administer the agency it would create — without judicial review — if it passes. S 510 would give Monsanto unlimited power over all US seed, food supplements, food AND FARMING."

    That sounded a bit overstated to my friend and coworker Lane, so I looked closer. It seems that S510 is sort of dead, but reanimated in another bill, and what it seems to mean is a lot more paperwork for people selling garden produce at farmer's markets. That seems spectacularly unfair since it is the large factory farms that have ignored existing regulations, resulting in several large scale food poisonings and recalls.

    But Monsanto came up again in Democracy Now's interview of Canadian farmers Percy and Louise Schmeiser. As farmers do, they had been cross-breeding seeds on their property, trying to develop a seed that was best suited for the land and climate. A neighbor had bought genetically-modified organic (GMO) seeds from Monsanto, some of which managed to find their way to the Schmeiser's land, "seed drift" they call it, where they took hold, grew and actually ruined the Schmeiser's breeding efforts.

    At this point one might assume that the Scheisers would have grounds for a complaint against the neighbor. But as it turns out, Monsanto claimed that they owned the plants no matter where they grew, based on patent law.

     

    PERCY SCHMEISER: Well, initially they wanted so-much-an-acre fine, but it ended up that they laid another lawsuit of $1 million against my wife and myself. And that also, we had to fight. And besides that, there was another lawsuit in the seven years before it went to the Supreme Court, where they tried to seize all our farmland. They tried to seize our whole—our farm equipment, so they could stop us, because we were using mortgages on our farmland to pay for our legal bills.

     

    AMY GOODMAN: And so, then explain what happened. You appealed this right to the Canadian Supreme Court?

    PERCY SCHMEISER: It went all the way. It went through the lower courts and the court of appeal and so on, and then it went all the way to Supreme Court of Canada. But there were other issues at the Supreme Court we could bring in that we could not bring in at the lower courts—first of all, farmers’ rights, farmers’ rights to use your own seed from year to year to develop them, and then also the whole issue that we said, in regards to patents, there should be no patents allowed on higher life forms—basically, anything that comes from a seed. So that was one of the main things. We said to the Supreme Court that life is sacred. No one, no individual, no corporation, should ever, ever control it.

    You have to remember that in Canada, and I believe also in the United States, that there’s nothing in our patent acts of 1867 and 1869 that talks about genes, because it was unknown at that time. So even at the present time, all these decisions are only decisions of the court and of a judge. And I should also mention that in the Supreme Court, it was a split decision, five-four, where they ruled that Monsanto’s patent on the gene is valid.

    AMY GOODMAN: So, they ruled against you or for you?

    PERCY SCHMEISER: Against me.

    Schmeiser feels they achieved a victory of sorts because the court sent the case back to Parliament to establish law, and disallowed the financial penalties and punitive damages. But living through Monsanto's campaign was frightening:

    LOUISE SCHMEISER: It was scary at times. You just never know.

    PERCY SCHMEISER: And the phone calls, you know, where there would be somebody on the line saying, "You better watch it. They’re going to get you." So it was pretty scary, and I was very concerned, when I was gone, that something would happen to her.

    LOUISE SCHMEISER: And when they would watch us, especially in our own house here—they watched days on end every move we made, in our house and for our office, what we use for the land, I felt like I was a prisoner in my own home.

    PERCY SCHMEISER: They did everything to bring us down financially and mentally. And that’s what they’re doing, is to mentally and financially break people. They are totally ruthless. They have no ethics. They have no morals. It’s the bottom line.

    And they are also trying to control ownership of seeds so that farmers will have to buy new seeds every year:

    PERCY SCHMEISER: I hope my battle with Monsanto is over. But I realize that as long as I bring awareness around the world about Monsanto’s patent—not only Monsanto’s patent, but Bayer, Syngenta, DuPont—what their patents do for the control of the future of our seed and our food supply, and that’s what it was all about. GMOs were never meant to feed a hungry or starving world. They were meant to get control of farmers’ seed supply. That gives them the control of the world food supply. And so, that’s where we stand at now, to bring that awareness around the world.

    I watched, and reviewed, Soylent Green this afternoon, but as corporations go, Monsanto may rival the Soylent Corporation.

    Comments

    Genetic malware. Literally. They have written code that runs on a genome and are replicating it into systems owned by unsuspecting and unwilling victims. Once injected, their software takes over the target system and causes it's core OS to replicate the trojen code throughout all genetic systems produced by the target thereafter. In one iteration, they have taken over a farmer's entire biological network.

    All Monsanto has to do is release a bit of pollen and they can take over any farm in Canada ('prolly the US as well).

     


    Welcome to the world of agricultural law. Interestingly, there are quite a lot of websites and blogs, articles and editorials, from less than established commentators concerned with S. 510. A great deal of them are filled with conspiracy-riddled speculations and downright false information.

    To put it simply, the actual text of S. 510 protects small farms and organics.

    In fact, there is a provision that would disallow the government or Monsanto from mandating genetically modified seeds.

    Here is a handy link to a Senate summary of the bills effects on small farmers: http://thehill.com/images/stories/blogs/smallfarms.pdf


    Thanks for the link, but it does confirm that There Will Be Paperwork.

    "... small processors are given additional time to comply with new food safety practices and guidelines created by the bill and the Secretary may modify or exempt small processors from new hazard analysis and preventive control requirements based on size and risk." is probably not as reassuring as hoped.

    If you trade or sell your produce at farmers markets, you become a Community Supported Agriculture (CSA) supplier. Since your produce must be “traceable” in case of outbreaks, you must maintain a paper trail. There will be licensing fees, inspections, and a new infrastructure of 8,500 inspectors to support all that.

    I am reading the bill itself and don't see any protections for small farmers. Instead I see, "NO LIMIT ON SECRETARIAL AUTHORITY Nothing in this section shall be construed to limit the ability of the Secretary to review and act upon information from food testing, including determining the sufficiency of such information and testing.’’ According to Section 109, Homeland Security would be "facilitating partnerships between public and private entities to help unify and enhance the protection of the agriculture and food system of the United States; providing for the regular and timely interchange of information between each council relating to the security of the agriculture and food system (including intelligence information); identifying best practices and methods for improving the coordination among Federal, State, local, and private sector preparedness and response plans for agriculture and food defense; and recommending methods by which to protect the economy and the public health of the United States from the effects of animal or plant disease outbreaks; food contamination; and natural disasters affecting agriculture and food." 

    What this reminds me of is what police do to look busy and proactive in response to drug crime. They stop and frisk people on the sidewalks and write lots of traffic tickets to people in cars, while the drug dealers run crack houses on the next block. The government wants to look busy and proactive in response to food risks, so they propose to regulate the small producers who can't make large campaign contributions, instead of enforcing regulations against factory farms that can and do make large contributions.


    I have not read the new bill yet, but in a prior version (HR87something) a waiver of fees for small farmers was included.  Maybe something like that will happen in this version.


    As someone in the software industry the phrase "genetic malware" really resonated with me. Of course, you're preaching to the choir. Is that phrase original with you, or did you get it from somewhere else? Regardless, I really like it.


    Thanks. I do software also. The idea honestly just came to me reading this post as sort of an epiphany. I was recently boning up on how DNA works - and am newly amazed at the implications of the structure. By the classic definition it appears to be a chemical storage mechanism holding software (paired registers with built-in CRC). So I kind of read this post with those eyes regarding genetics. I'm kind of digesting the malware concept, but even in extension it seems to work.

    In this specific case though, I'm wondering how Monsanto identified the farm as a target. Are they actively monitoring sites close to those using their seeds with the specific intent of capitalizing when their genetics infiltrate other people's property? It certainly seems as if they have a policy in this regard. If they are intentionally spreading their seed to unwilling competitors (anyone who produces seed is a competitor), that seems to be the exact same thing as pwning someone's network. Their behavior after the fact seems to indicate a malicious intent linked to their product's tendency to compromise autonomous biological systems.


    Watch King Corn. Any farmer who harvests their own seeds is automatically considered suspect by Monsanto and their ilk.


    Sure, I get that they'd be a target. But how the heck would Monsanto know "Ok, today they have only thier own genetics" and then later "Hey, our genetics made it in! Let's go get 'em!"

     


    Guilty until proven innocent?


    I believe they complained to their neighbors and asked that the GMO canola be removed.


    Donal, this whole episode is just disgusting.  I dumped my Monsanto stock years and years ago and never looked back.  But this makes me even more glad.


    actually, anonymous = me here.  cleared out my history and bookmarks and what not and forgot to sign back in.


    This is all just too plain corny. But I do recall that Soylant Green does taste like chicken that has been sitting around too long!!


    Home grown is just fine with me as long as we have dna tests and stuff. I mean what if the farmer/gardener is some sort of freak and has sex with the carrots or something?

    I want to be safe when I eat my food.

    Which is primarily  the reason for staying away from diners, now deli's are okay but I cannot for the life of me see what those cooks are doing in the back...you know what I mean?

    And how do I know that these farmer/gardeners don't dally in things like arsenic attempting to poison all those dalliers at the farmers markets and such.

    just a thought

     


    I suppose we could appoint crop chaperones for all those vegetables, growing naked in the virgin soil ...


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