Rural Advancement Foundation International (RAFI)
News Release
7 March 1999
http://www.rafi.org/
*** Monsanto is Behind Anti-Farmer Legislation to Regulate ***
Open-Pollinated Seed Cleaners
*** Ohio Bill Discriminates Against Seed-Saving Farmers ***
A bill has been introduced in the Ohio state legislature (United States)
that would require registration and state-level regulation of anyone who
cleans or conditions self-pollinated
seed. According to the Rural Advancement Foundation International (RAFI),
the proposed legislation is part of Monsanto's aggressive corporate
strategy to police rural communities
and intimidate seed-saving farmers.
"The proposed legislation is part of a dangerous trend to eliminate or
restrict the right of farmers to save and exchange seed - all in the name
of increasing seed industry profits"
explains Hope Shand, Research Director of RAFI. "We weren't surprised to
learn that Monsanto is behind the bill, because the company is already
waging a ferocious campaign
against seed-saving farmers and it's actively developing the controversial
suicide seeds - or Terminator technology," said Shand. Terminator is a
technique for genetically altering a
plant so that the seeds it produces are sterile.
According to the Ohio Seed Improvement Association, the proposal to amend
Ohio's seed law originated with agribusiness giant Monsanto last year.
Monsanto is the world's largest
seller of genetically modified seed. Under US patent law it is illegal for
farmers to save patented seed. To enforce its exclusive monopoly, Monsanto
has aggressively prosecuted
farmers for what the company calls "seed piracy." But seed saving is
illegal only if the farmer is saving or re-using patented seed. Farmers
who grow soybeans and wheat, for
example, typically save seed from their harvest to re-plant the following
year. An estimated 25% of North American soybean seed is farm-saved seed.
Monsanto has waged an aggressive, Draconian campaign against seed-saving
farmers in North America. The company has hired Pinkerton investigators to
root-out seed-saving
farmers and it is using radio ads and telephone "tiplines" in farming
communities to identify and intimidate farmers who might save or re-use
the company's patented seed. Under
Monsanto's gene licensing agreement, the company reserves the right to
come onto the farmer's land and take seed samples to insure that the
farmer is not violating patent law.
"It appears that Monsanto's newest strategy is to shift the expense and
burden of policing rural communities to the seed cleaners and state
governments. If the bill becomes law,
Monsanto's "gene police" will ultimately become state regulators who are
working on behalf of Monsanto," explains Pat Mooney, Executive Director of
RAFI.
"The Ohio legislation is unfair to farmers because it places an onerous
regulatory burden on all seed-saving farmers and seed cleaners - not just
farmers who buy Monsanto's
patented seed," explains Shand. If the bill becomes law, it would require
seed cleaners to keep detailed records on every seed cleaning transaction,
to document the name of the
farmer, seed variety names and whether or not the seed is protected by
patents or breeders' rights. "In essence, the bill discriminates against
farmers who are lawfully saving and
re-planting open-pollinated seed varieties," asserts RAFI's Shand.
Ohio farmer and custom seed cleaner Roger Peters opposes the proposed bill
to regulate open-pollinated seed cleaners. "Why should any farmer be
forced to keep records on
law-abiding farmers who clean their own seed?" asks Peters. "And why
should public tax dollars be used to protect the patents of private seed
companies like Monsanto?"
questions Peters.
"State-level seed laws are supposed to protect farmers, not penalize
them," asserts Sean McGovern, Executive Administrator of the Ohio
Ecological Food and Farmers Association, a
Columbus, Ohio-based organization that promotes sustainable agriculture
and certifies organic farmers. "I can't imagine any use for this bill
accept to enforce Monsanto's patents,"
concludes McGovern.
Background information on HB 85, introduced in the Ohio State Legislature
on January 28, 1999.
Specifically, H.B. 85, amendments to the Ohio Seed Law would:
Require all seed cleaners to register as a seed cleaner or conditioner.
(The bill states that the Director of Agriculture will determine the
minimum quantity of self-pollinated seed
that when cleaned or conditioned would require the person to become
registered.)
Require the seed cleaner to keep records on every farmer and seed
cleaning/conditioning transaction. The seed cleaner would be required to
keep all records for a minimum of
five years and make the records available to the State Director of
Agriculture on request.
The seed cleaner would be required to document the following information:
1. The commonly accepted name and brand or variety being cleaned;
2. A declaration of any patent, or plant variety protection certificate,
issued for the seed being cleaned or conditioned;
3. The name, address, telephone number of the farmer who submitted the
seed to be cleaned or conditioned; the amount of seed cleaned or
conditioned; and an indemnification
statement signed by the person who submitted the seed for cleaning:
"The undersigned promises to reimburse or indemnify the seed cleaner or
conditioner for any liability damages that the seed cleaner or conditioner
may incur for any violation of a
patent or a certificate issued under the Plant Variety Protection Act
resulting from cleaning or conditioning the undersigned's seed, including
all damages, liability payments, costs,
and attorney's fees arising in connection with the violation."
The seed cleaner or conditioner is required to retain a sample of each
type and variety or brand of seed cleaned or conditioned for at least 18
months.
The Director of Agriculture may inspect all records, documents and
samples required to be kept by the seed cleaner /conditioner to determine
if he/she is in compliance with the
law. If the Director suspects that a registered seed cleaner or
conditioner has violated or is violating a provision - the director shall
conduct a hearing, and may suspend, revoke, or
refuse to renew the person's registration.
For more information, contact:
Hope Shand, Rural Advancement Foundation International
Tel: 717 337-6482
Email: hope@rafi.org
Pat Mooney, Rural Advancement Foundation International
Tel: 204 453-5259
Email: rafi@rafi.org
Roger L. Peters, Farmer
Oak Harbor, Ohio
Tel: 419 898-1210
RAFI (The Rural Advancement Foundation International) is an international
civil society organization head-quartered in Canada. RAFI is dedicated to
the conservation and
sustainable use of biodiversity, and to the socially responsible
development of technologies useful to rural societies. RAFI is concerned
about the loss of agricultural biodiversity,
and the impact of intellectual property on farmers and food security.
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