On behalf of 60 family farmers, seed businesses and organic agricultural organizations, the Public Patent Foundation (PUBPAT) filed suit March 29, 2011 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.
Continues the Complaint; “Monsanto zealously enforces its transgenic seed patents. Published reports and Monsanto’s own statements suggest that roughly 500 farmers are investigated for patent infringement each year. Between 1997 and April 2010, Monsanto filed 144 lawsuits against farmers in at least 27 different states for alleged infringement of its GM seed patents and/orbreach of its license to those patents.”
"Today is Independence Day for America," said Wood Prairie Farm's Jim Gerritsen, a family farmer in Maine who raises organic seed and is President of lead plaintiff Organic Seed Growers and Trade Association based in Montrose, Colorado. "Today we are seeking protection from the Court and putting Monsanto on notice. Monsanto's threats and abuse of family farmers stops here. Monsanto's genetic contamination of organic seed and organic crops ends now. Americans have the right to choice in the marketplace - to decide what kind of food they will feed their families - and we are taking this action on their behalf to protect that right to choose. Organic farmers have the right to raise our organic crops for our families and our customers on our farms without the threat of invasion by Monsanto's transgenetic contamination and without harassment by a reckless polluter. Beginning today, America asserts her right to justice and pure food."
The plaintiffs in the suit represented by PUBPAT are:
Agriculture Membership Organizations
- 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
- 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
Seed Companies
- 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.
Organic and Traditional Farms and Farmers
- ALBA RANCH (Northeastern Kansas)
- WILD PLUM FARM (Dixon, Montana)
- GRATITUDE GARDENS (Concrete, Washington)
- RICHARD EVERETT FARM, LLC (Scottsbluff, Nebraska)
- PHILADELPHIA COMMUNITY FARM, INC, (Osceola, Wisconsin)
- GENESIS FARM (Blairstown, New Jersey)
- CHISPAS FARMS LLC (Albuquerque, New Mexico)
- KIRSCHENMANN FAMILY FARMS INC. (South Central, North Dakota)
- MIDHEAVEN FARMS (Park Rapids, Minnesota)
- KOSKAN FARMS (Wood, South Dakota)
- CALIFORNIA CLOVERLEAF FARMS (Merced County, California)
- NORTH OUTBACK (Wales, North Dakota)
- TAYLOR FARMS, INC. (Tremonton, Utah)
- JARDIN DEL ALMA (Monticello, New Mexico)
- RON GARGASZ ORGANIC FARMS (Volant, Pennsylvania)
- ABUNDANT ACRES (Laclede County, Missouri)
- T & D WILLEY FARMS (Madera, California)
- QUINELLA RANCH (Saskatchwan, Canada)
- NATURE'S WAY FARM LTD. (Alberta, Canada)
- LEVKE AND PETER EGGERS FARM (Alberta, Canada)
- FREY VINEYARDS, LTD. (California)
- BRYCE STEPHENS (Jennings, Kansas)
- CHUCK NOBLE (South Dakota)
- LARHEA PEPPER (O'Donnell, Texas)
- PAUL ROMERO (Espanola, New Mexico)
- DONALD WRIGHT PATTERSON, JR. (Fauquier County, Virginia)
Here is the description of lead plaintiff Organic Seed Growers and Trade Association taken from the Complaint as filed today.
Plaintiff ORGANIC SEED GROWERS AND TRADE ASSOCIATION is a not for profit agricultural organization that develops, protects and promotes the organic seed trade and its growers, and assures that the organic community has access to excellent quality organic seed, free of contaminants and adapted to the diverse needs of local organic agriculture. See http://www.osgata.org/. Organic farmers require quality organic seed in order to maximize the overall integrity and success of their organic system. Organic seed systems face risks from transgenic contamination. The growth and development of a vibrant organic seed trade will result in seed systems suited to the ecological, economic, local, and sustainable challenges and needs of organic farming. OSGATA policy states that transgenic contamination of organic seed constitutes irreparable harm to the organic seed industry and that it undermines the integrity of organic seed and that any detectable level is unacceptable. OSGATA's membership is comprised of organic farmers who produce seed crops, organic seed breeders, organic seed companies, and affiliate organizations. OSGATA brings this action on behalf of its forty members, some of whom are at risk of being contaminated by Defendants' transgenic seed and consequently being sued by Defendants for patent infringement.
To read text of the Complaint including descriptions of the other fifty-nine plaintiffs please click here.
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