ORGANIC FARMERS AND SEED SELLERS FILE SUIT AGAINST MONSANTO TO PROTECT THEMSELVES FROM PATENTS ON GENETICALLY MODIFIED SEED

NEW YORK – March 29, 2011 – On behalf of 60 family farmers, seed businesses and organic agricultural organizations, the Public Patent Foundation (PUBPAT) filed suit today  against Monsanto Company to challenge the chemical giant's patents on genetically modified seed.  The organic plaintiffs were forced to sue preemptively to protect themselves from being accused of patent infringement should they ever become contaminated by Monsanto's genetically modified seed, something Monsanto has done to others in the past.

The case, Organic Seed Growers & Trade Association, et al. v. Monsanto, was filed in federal district court in Manhattan and assigned to Judge Naomi Buchwald.  Plaintiffs in the suit represent a broad array of family farmers, small businesses and organizations from within the organic agriculture community who are increasingly threatened by genetically modified seed contamination despite using their best efforts to avoid it.  The plaintiff organizations have over 270,000 members, including thousands of certified organic family farmers.

“This case asks whether Monsanto has the right to sue organic farmers for patent infringement if Monsanto's transgenic seed should land on their property,” said Dan Ravicher, PUBPAT's Executive Director and Lecturer of Law at Benjamin N. Cardozo School of Law in New York. “It seems quite perverse that an organic farmer contaminated by transgenic seed could be accused of patent infringement, but Monsanto has made such accusations before and is notorious for having sued hundreds of farmers for patent infringement, so we had to act to protect the interests of our clients.”

Once released into the environment, genetically modified seed contaminates and destroys organic seed for the same crop.  For example, soon after Monsanto introduced genetically modified seed for canola, organic canola became virtually extinct as a result of contamination. Organic corn, soybeans, cotton, sugar beets and alfalfa now face the same fate, as Monsanto has released genetically modified seed for each of those crops, too.  Monsanto is developing genetically modified seed for many other crops, thus putting the future of all food, and indeed all agriculture, at stake.

In the case, PUBPAT is asking Judge Buchwald to declare that if organic farmers are ever contaminated by Monsanto's genetically modified seed, they need not fear also being accused of patent infringement.  One reason justifying this result is that Monsanto's patents on genetically modified seed are invalid because they don't meet the “usefulness” requirement of patent law, according to PUBPAT's Ravicher, plaintiffs'
lead attorney in the case.  Evidence cited by PUBPAT in its opening filing today proves that genetically modified seed has negative economic and health effects, while the promised benefits of genetically modified seed – increased production and decreased herbicide use – are false.

“Some say transgenic seed can coexist with organic seed, but history tells us that's not possible, and it's actually in Monsanto's financial interest to eliminate organic seed so that they can have a total monopoly over our food supply,” said Ravicher.  “Monsanto is the same chemical company that previously brought us Agent Orange, DDT, PCB's and other toxins, which they said were safe, but we know are not.  Now Monsanto says transgenic seed is safe, but evidence clearly shows it is not.”

The plaintiffs in the suit represented by PUBPAT are: Organic Seed Growers and Trade Association; Organic Crop Improvement Association International, Inc.; OCIA Research and Education Inc.; The Cornucopia Institute; Demeter Association, Inc.; Navdanya International; Maine Organic Farmers and Gardeners Association; Northeast Organic Farming Association/Massachusetts Chapter, Inc.; Northeast Organic Farming Association of Vermont; Rural Vermont; Ohio Ecological Food & Farm Association; Southeast Iowa Organic Association; Northern Plains Sustainable Agriculture Society; Mendocino Organic Network; Northeast Organic Dairy Producers Alliance; Canadian Organic Growers; Family Farmer Seed Cooperative; Sustainable Living Systems; Global Organic Alliance; Food Democracy Now!; Family Farm Defenders Inc.; Farm-to-Consumer Legal Defense Fund; FEDCO Seeds Inc.; Adaptive Seeds, LLC; Sow True Seed; Southern Exposure Seed Exchange; Mumm's Sprouting Seeds; Baker Creek Heirloom Seed Co., LLC; Comstock, Ferre & Co., LLC; Seedkeepers, LLC; Siskiyou Seeds; Countryside Organics; Cuatro Puertas; Interlake Forage Seeds Ltd.; Alba Ranch; Wild Plum Farm; Gratitude Gardens; Richard Everett Farm, LLC; Philadelphia Community Farm, Inc; Genesis Farm; Chispas Farms LLC; Kirschenmann Family Farms Inc.; Midheaven Farms; Koskan Farms; California Cloverleaf Farms; North Outback Farm; Taylor Farms, Inc.; Jardin del Alma; Ron Gargasz Organic Farms; Abundant Acres; T & D Willey Farms; Quinella Ranch; Nature's Way Farm Ltd.; Levke and Peter Eggers Farm; Frey Vineyards, Ltd.; Bryce Stephens; Chuck Noble; LaRhea Pepper; Paul Romero; and, Donald Wright Patterson, Jr.

Many of the plaintiffs made statements upon filing of the suit today:

Mark Kastel, Senior Farm Policy Analyst for plaintiff The Cornucopia Institute said, “Family-scale farmers desperately need the judiciary branch of our government to balance the power Monsanto is able to wield in the marketplace and in the courts.  Monsanto, and the biotechnology industry, have made great investments in our executive and legislative branches through campaign contributions and powerful lobbyists in Washington.  We need to court system to offset this power and protect individual farmers from corporate tyranny.  Farmers have saved seeds since the beginning of agriculture by our species.  It is outrageous that one corporate entity, through the trespass of what they refer to as their 'technology,' can intimidate and run roughshod over family farmers in this country.  It should be the responsibility of Monsanto, and farmers licensing their technology, to ensure that genetically engineered DNA does not trespass onto neighboring farmland.  It is outrageous, that through no fault of their own, farmers are being intimidated into not saving seed for fear that they will be doggedly pursued through the court system and potentially bankrupted.”

ABOUT PUBPAT

The Public Patent Foundation (PUBPAT) is a not-for-profit legal services organization affiliated with the Benjamin N. Cardozo School of Law. PUBPAT protects freedom in the patent system by representing the public interest against undeserved patents and unsound patent policy.  More information about PUBPAT is available from www.pubpat.org.

CONTACT

Daniel B. Ravicher
Executive Director
PUBLIC PATENT FOUNDATION
Benjamin N. Cardozo School of Law
+1-212-545-5337
press@pubpat.org

SPRINGHOUSE

In olden times......., so the story goes, well, not that long ago (i.e. when I was a boy) when dairy farmers milked a few cows and stored the milk in large cans on the farm (before the days of stainless bulk tanks), the large cans (I cannot remember what they were called, the cans, I mean) were stored in the "spring-house". The spring-house was typically adjacent to the milking parlor or the stanchions where the cows were milked and was the farm's primary source of well water. Ahh, well water! Nice 'n cool, especially on hot, humid summer days. Anyhow, the cans of milk were stored in tanks filled with the cool well water inside the spring-house in order to cool the milk prior to being picked up by the local dairy.

This is our SPRINGHOUSE......it's spring inside, especially on sunny days, when it typically 

reaches 75 - 80 degrees. Even on a day like the one pictured here. 

And we have to open the vents to cool it off for the lettuce's 'n spinach, lest they get too hot. 

In fact, we have cool well water inside our spring-house, too. We use it for irrigation, of course.

BABY! It's cold inside!

This is spring???!! After this week's snow/ice combo hit us, we took a look inside the hoophouse and saw just how dark it is inside when snow & ice covers the roof. Not a pretty picture. Besides that, it's cold!

Before winter returned this week, we had picked and sold several batches of spinach, now under insulating covers. But this cold has slowed everything down some. Including the little starts of lettuce, swiss chard and baby spinach that we had planted over the past several weeks. Our hope was to harvest in earnest beginning April 1st, but this cold March will put that off a few weeks.

Patience everyone....spring will come. It's in the forecast.

IT'S SPRING....IN THE HOOPHOUSE!

I can relate to those folks who have a swimming pool in their backyard: their summer's are COOL!

But Lorrie & I like the hoophouse 'cause we get SPRING SOONER than anyone else! (That's snow outside the hoophouse by Lorrie's right shoulder.)


Work has begun in the hoophouse. A couple of weeks ago we started planting lettuce seeds in the ground. Now that we have warmer days, we are expereinceing near 70d temperatures in the hoophouse. The ground is warming up - to 55d. So, spinach is starting to grow! We'll transplant swiss chard and lettuce seedlings at the end of the week.

We'll be harvesting some greens in a few weeks.

LAST MARKET CUSTOMER BUYS TOMATOES!

Our last customer of the season at the Ludington market was Judith Dilia, who gladly bought the last 2 tomato's we had that day (we have more growing in the hoophouse - they'll be available at the farm stand).

Thank you to all our customers for your part in making this a wonderful year of vegetable growing. We had plenty of warm sunshine & just the right amount of rainfall at just the right time to make this one of most productive seasons. It is still simply amazing to Lorrie & I that all these nutrient dense vegetables can be organically grown. Sometimes when I'm standing out in the field, I am amazed at the Almighty's handiwork. 

As well, both of us are continually amazed at the desire for these vegetables by you, our customers. You eat these veggies - and come back for more each week. Our heartfelt thanks go out to you.

We are looking forward to a much needed break this winter. But, there will be other posts to this blog during that time.

Until next time........

11 year old speaks the truth about Industrial Agriculture

Click on this link for a YOU TUBE VIDEO of 11 year old Birke Baehr giving a 5 minute speech about the perils of industrial agriculture. He is the next generation organic farmer!

This is the link
http://www.youtube.com/watch?v=F7Id9caYw-Y

MAKING COMPOST AT THE FARM, PART 2

Click here for a YOU TUBE VIDEO of the compost making operation at the Farm.

MAKING COMPOST AT THE FARM

It's compost making time at Peacefield Farm. This year I have a manure spreader to assist in the operation: I load the spreader with compost-ables (hay, manure, woodchips, garden waste, etc), then put the PTO in gear to run the spreader. The blades on the spreader flail the material out in a distincive pattern behind the stationary spreader and make a pile about 6 - 8 feet wide at the base and about 5 ft high at the center. When the spreader is empty I move it forward 2 -3 feet and fill it again. What you see behind the spreader is called a compost windrow; its about 30 ft long at this stage in the process. The windrow on the right is finished and "working" right now.

My "livestock" then go to work consuming all the goodies in the pile. In the process they create heat - up to 140d F - that kills off any weed seed. Who are my "livestock"? Bacteria. Fungi. Nematodes. Worms. Other little creatures that like the food in the pile. I have billions of 'em!

Once the pile cools down a few degrees, I then turn the pile to start the process all over again.

Lisianthus is in bloom!

Lorrie is all smiles! She has endeavored for years(!) to grow lisianthus, and always without success. Until this year! She now has 5 plants, all with numerous blossoms - blue, ivory and pink! And she is in her glory! The stems are only about 6-7" long so she hesitates to cut them, but wants to encourage additional blooming. What to do, O, what to do???

If you see me sprouting a bloom on my lapel, you'll know it's a "lisi". And if you see Lorrie smiling, you'll know why.

ONION HARVEST

Our onions are being harvested. We have two kinds this year: Prince (a yellow sweet onion that is an excellent storage onion) and Red Bull (a red onion, also an excellent keeper). As you can see from the photo, the Prince is HUGE! Most are the size of softballs! And the Red Bull is no slouch, either: they are just as large as the Prince.

And we have a lot of 'em.  See us at the Ludington Market on Friday, or at Pentwater on Monday's and Thursday's.