Press Release for OSGATA et al. v. Monsanto

PRESS RELEASE
11/23/2012
For Immediate Release
Contact: Jim Gerritsen (207) 429-9765
Organic Seed Growers and Trade Association

WASHINGTON, ME – November 23, 2012 – On November 21, 2012, the Court of Appeals for the Federal Circuit in Washington, D.C., announced that it would hear the Appeal of Dismissal in Organic Seed Growers and Trade Association et al v. Monsanto at 10am on Thursday, January 10, 2013. The landmark organic community lawsuit was originally filed in Federal District Court, Southern District of New York, in March 2011.

OSGATA et al v. Monsanto challenges the validity of Monsanto’s transgenic seed patents and seeks preemptive court protection for farmers when Monsanto seed trespasses onto their farms and contaminates their crops. Should contamination occur, innocent farmers would be placed in legal jeopardy and could be held liable by Monsanto for patent infringement because of the farmers’ “possession” of Monsanto technology without having paid royalty on that “possession.”

Plaintiffs are being represented in the case by lawyers from the Public Patent Foundation, who are providing their legal services to the farmers pro bono. Plaintiff lawyer Dan Ravicher asked Monsanto for a binding legal covenant guaranteeing family farmers that they would not be pursued for patent infringement should they become contaminated by Monsanto seed. Monsanto refused to provide this assurance to the farmers.

The farmers’ Appeal brief, filed last summer, cites legal and factual errors by Federal District Court Judge Naomi Buchwald which in toto caused her to erroneously conclude that the farmers lacked standing under the Declaratory Judgment Act to seek court protection. In addition, two powerful Amicii briefs were filed in support of the farmers’ position – one by a group of eleven law professors and another by a group of fourteen non-profit agricultural and consumer organizations. These briefs will be studied by the three judge Appellate panel during their deliberations.

“American family farmers have gone to court seeking justice and protection from Monsanto. We are not seeking one penny from Monsanto,” said Maine organic seed farmer Jim Gerritsen, President of lead Plaintiff Organic Seed Growers and Trade Association. “We satisfy the requirements of the Declaratory Judgment Act. We want our day in court so that our families can achieve protection from this perverse injustice. We are prepared to prove at trial that the U.S. Patent Office improperly granted Monsanto patents on their genetically engineered seed and that those patents are invalid.”

OSGATA has re-established its Farmer Travel Fund in order to raise funds to enable family farmers to travel to the Oral Argument in January. The Farmer Travel Fund is in immediate need of contributions to support this convergence of farmers from across the United States in solidarity for the OSGATA et al. v. Monsanto lawsuit effort. Plaintiffs believe it is critical that the courtroom for the Oral Argument of this major lawsuit be filled with concerned Plaintiff-farmers in order to visibly demonstrate that the case is not just an academic dispute of patent law. Rather it is a monumental issue affecting the rights of American family farmers, with implications of global significance.

About OSGATA: The Organic Seed Growers and Trade Association is a not-for-profit agricultural organization made up of organic farmers, seed growers, seed businesses and supporters. OSGATA is committed to developing and protecting organic seed and it’s growers in order to ensure the organic community has access to excellent quality organic seed free of contaminants and adapted to the diverse needs of local organic agriculture. www.osgata.org

Source: OSGATA

Text of the Cincinnati City Council’s GMO Labeling Resolution

City of Cincinnati

Date: October 12, 2012
To: Councilmember Wendell Young
From: John P. Curp, City Solicitor
Subject: Resolution — Supporting Labeling of Genetically Engineered Products

EXPRESSING the support of Council for the mandatory labeling of genetically engineered products so consumers are informed that the potential long-term risks of genetically engineered products to public health and the environment are largely unknown.

WHEREAS, the City of Cincinnati recognizes that consumers have the right to receive accurate and thorough information about the products they feed to their families; and

WHEREAS, the potential long-term risks to public health and the environment from genetically engineered products are largely unknown; and

WHEREAS, safety studies on genetically engineered products are limited because biotechnology companies generally prohibit their cultivation for research purposes in seed licensing agreements; and

WHEREAS, some independent peer-reviewed research that has been done on genetically engineered crops has reveled problems with liver and kidney functions in rats; deformities and neurological problems in vertebrates; and lower nutrition content in pesticide-resistant Roundup Ready crops; and

WHEREAS, it is the responsibility of the United States Department of Agriculture to ensure that genetically engineered crops are safe to grow, the Environmental Protection Agency to ensure that genetically engineered products will not harm the environment and the Food and Drug Administration to ensure that genetically engineered food is safe to eat; and

WHEREAS, the United States federal agencies that regulate genetically engineered products, including crops and animals, have not yet enacted a comprehensive plan to adequately oversee and monitor genetically engineered products; and

WHEREAS, farmers who produce organic or non-genetically engineered crops run the risk of crop contamination from nearby genetically engineered crops; and

WHEREAS, farmers who unintentionally grow patented, genetically engineered seeds or who harvest crops that are contaminated with genetically engineered traits could lose marketing options and face costly lawsuits; and

WHEREAS, a 2008 CBS/New York Times poll found that 87 precent of the U.S. consumers wanted all genetically engineered ingredients to be labeled; now, therefore,

BE IT RESOLVED, that the Council of the City of Cincinnati, State of Ohio,

Section 1. That the City of Cincinnati supports mandatory labeling of all genetically engineered products.

Section 2. That this resolution be spread upon the minutes of Council and a copy sent to the following:

1. Lisa Jackson, Administrator of the Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, N.W.,Washington, DC 20460

2. Secretary of Agriculture Tom Vilsack, United States Department of Agriculture, 1400 Independence Ave., S.W., Washington, DC 20250

3. Margaret Hamberg M.D., Commissioner of the Food and Drug Administration, 10903 New Hampshire Avenue, Silver Spring, MD 20993

4. Senators Sherrod Brown and Robert Portman, United States Senate, Washington, DC 20510

5. Representatives Steve Chabot and Jean Schmidt, United States House of Representatives, Washington, DC 20515

6. Food & Water Watch, 103 William H. Rd., Cincinnati, OH 45219

Submitted by Vice Mayor Roxanne Qualls and Councilmember Wendell Young

Source: Cincinnati City Council Scan[PDF] / Cincinnati City Council Documents

Copy, paste, & customize the text of this resolution and sent it to your elected officials!

RT America: Occupy Monsanto vs Genetically Modified Congress

America’s Congress has been contaminated, but don’t worry — someone is already on it. Members of Occupy Monsanto, a protest group opposed to the biotech giant, are dispatching aid to the nation’s capital.

Dressed in hazmat suits, members of Occupy Monsanto protested in Washington, DC on Friday over what they say are corrupt ties between American lawmakers and the country’s agriculture architect, Monsanto. Based in the American Midwest, the Monsanto corporation is believed to be aiding in the bankrupting of small-time farms across the country by chemically engineering genetically modified seeds that are not just unnatural, but near impossible to compete with. Concerned over the toxic make-up of their man-made crops, as well as their corrupt connection with the US Congress, the Occupy Monsanto group is in Washington this weekend to make their voices heard.

“In the name of Wall Street profits, chemical corporations such as Monsanto genetically engineer crops to withstand high doses of their toxic weed killers that contaminate our food and water, and have not been proven safe,” explains Occupy Monsanto’s Ariel Vegosen in a statement made this week. In addition to participating in the protest group, Vegosen is a member of the Genetic Crimes Unit, or GCU, an offshoot of the Occupy clan considered to be their “agents of change” that take to the streets to rally for awareness of the actions regularly engaged by Monsanto.

In addition to buying out small-time farms that can’t compete with the billion-dollar biotech corp, Monsanto is also being accused of buying off Congress to let the company get away with feeding America genetically modified foods, or GMOs. As RT reported earlier this week, Monsanto was recently awarded federal approval to test out a lab-developed corn variant that is believed to be resistant to arid environments and droughts.

“We deserve to know what we are eating,” adds Vegosen. “Virtually every major country requires labeling of GMOs in foods so their citizens can make informed choices, including all of Europe, Japan and even China. Monsanto’s lobbying dollars are pouring into politicians so it’s clear we have a GMO contaminated US Congress that threatens our health and the health of the planet.”

Occupy Monsanto rallied outside the Cannon Building in Washington’s Capitol Hill on Friday, where hazmat suit-clad GCU officers identified victims of genetic crimes. Other protests were planned around the world to be held at the same time, including demonstrations in Los Angeles, Seattle, Düsseldorf and Winnipeg. In September, Occupy Monsanto is planning an even larger global protest that it says will become a day the biotech firm will never forget.

Source: RT America