The following is a press release from MOFGA, the Maine Organic Seed Growers and Trade Association. MOFGA is an organization that advocates for organic growers in the state of Maine. The organization holds several events to help educate the public regarding organic and sustainable food production. For example, in September, the organization sponsors the Common Ground Fair on the campus of Unity College in Unity Maine that often draws 60,000 people. This fair holds various workshops, while also allowing people to become more educated regarding local and organic foods. MOFGA also certifies and sells seeds which helps to reduce a gardner's or a farmer's fear of receiving seeds that are contaminated by Monsanto's genetically engineered seeds.
WASHINGTON, D.C. --July 5, 2012 -- Seventy-five
family farmers, seed businesses, and agricultural organizations representing
over 300,000 individuals and 4,500 farms filed a brief today with the
United States Court of Appeals for the Federal Circuit in Washington D.C.
asking the appellate court to reverse a lower court's decision from February
dismissing their protective legal action against agricultural giant Monsanto's
patents on genetically engineered seed.
The plaintiffs brought the pre-emptive case
against Monsanto in March 2011 in the Southern District of New York and
specifically seek to defend themselves from nearly two dozen of Monsanto's most
aggressively asserted patents on GMO seed. They were forced to act
pre-emptively to protect themselves from Monsanto's abusive lawsuits, fearing
that if GMO seed contaminates their property despite their efforts to prevent
such contamination, Monsanto will sue them for patent infringement .
"It's time to end Monsanto's scorched earth legal campaign
of threats and intimidation against America's farmers. Family farmers should be
protected by the courts against the unwanted genetic contamination of their
crops," said Dave Murphy, founder and executive director of Food Democracy Now! , a
grassroots community of more than 300,000 farmers and citizens dedicated to
reforming food and agriculture, that is co-plaintiff in the suit.
Farmer Support. The
people are behind Family Farmers versus Monsanto. "We have a right to farm the way we choose," said
Maine organic seed farmer
Jim Gerritsen, President of lead plaintiff Organic Seed Growers and Trade
Association (OSGATA). "Yet Monsanto is unwilling to control
their GMO pollution and they refuse to sign a binding covenant not-to-sue our
family farmers for patent infringement should their seed contaminate our crops. Monsanto's publicized
'Commitment' promising that they would not sue farmers was described by
Monsanto's own lawyers as being 'vague.' The law says we deserve protection
under the Declaratory Judgment Act. We will continue to pursue our right to
farm, and the right of our customers to have access to good clean food and
seed."
In an attempt to sidestep the challenge,
Monsanto moved to have the case dismissed, saying that the plaintiffs' concerns
were unrealistic. In February 2012, the district court took Monsanto's side and
dismissed the case, ridiculing the farmers in the process. Despite the fact
that the plaintiffs are at risk for being contaminated by genetically modified
seed and then sued for patent infringement by Monsanto, Judge Naomi Buchwald of
the Southern District of New York dismissed the case because she didn't find a
case worthy of adjudication, saying "it is clear that these circumstances
do not amount to a substantial controversy and that there has been no injury
traceable to defendants."
Every year Monsanto investigates over 500
farmers for patent infringement with their now notorious "seed
police". To date, 144 farmers have had lawsuits brought against them by
Monsanto without a binding contract with the multinational corporation, while
another 700 farmers have been forced to settle out of court for undisclosed
sums.
"Monsanto is known for bullying farmers by
making baseless accusations of patent
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