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Maine Farmer the Face of Organic Growers’ Fight Against Monsanto
I have wanted to catch up with Bridgewater organic farmer Jim Gerritsen ever since he was named in October to the 2011 list of 25 visionaries who are changing the world by the national magazine Utne Reader. When I finally succeeded last weekend, he was on his way to New York City to give a speech and participate in the Dec. 4 rally and “Farmers’ March” to Zuccotti Park organized by the Food Justice Committee of the Occupy Wall Street movement.
Photo courtesy Jim Gerritsen
Jim Gerritsen of Bridgewater made his first trip to New York City to address the Dec. 4 “Farmers’ March” to Zuccotti Park organized by the Food Justice Committee of the Occupy Wall Street movement. Gerritsen, 56, who with his wife, Megan, and their family has operated Wood Prairie Farm in Bridgewater since 1976, is on a mission that has put him in the national — and international — spotlight. As president of Organic Seed Growers and Trade Association, the trade organization for the organic seed industry, he is the lead plaintiff in a suit to protect growers and consumers of organic foods.
The defendant is Monsanto Corp., world leader in production of genetically modified organisms, or GMOs, intended to increase yields of herbicide-resistant crops — crops that can withstand sprays such as Roundup that kill the weeds around them. Airborne or insect-borne pollen from these transgenic, or gene-spliced, crops can do irrevocable damage to organic seed crops. But loss of crops is only the beginning.
“Farmers lose not only the value of the organic crop, but we are also open to patent infringement lawsuits,” Gerritsen said “Monsanto can contend that the (organic) farm is in possession of a (patented) Monsanto product.”
To date, Monsanto has sued 90 American farmers for patent infringement, receiving an estimated $15 million for judgments in its favor, according to the Center for Food Safety. Many cases have been settled out of court with farmers bound to confidentiality. Monsanto dominates the sale of seed stocks worldwide, especially corn, soybeans and cotton, and sends private investigators to farms suspected of replanting saved seed.
Hence, the legal action, OSGATA v. Monsanto, has captured the attention of international media, but mostly the alternative press in the United States — until Monday, that is, when Gerritsen’s role in Sunday’s Farmers’ March was reported in the New York Times under the headline: “A Maine Farmer Speaks to Wall Street.”
Gerritsen heads OSGATA, based in Montrose, Colo., which is leading 83 plaintiffs in the case against Monsanto. The individual farmers, seed companies and agricultural organizations that have signed onto the case represent about 300,000 members nationwide.
“Monsanto is trying to achieve seed control based on aggressive assertion of patent infringement,” Gerritsen said, explaining that the farmers’ lawsuit has two goals: to protect organic farmers against patent infringement lawsuits and to challenge the validity of patents issued to Monsanto.
“Organic farming is predicated on the concept of crops free of GMO content,” he said, noting the irony of a suit against a farmer by the company that has destroyed that farmer’s crop.
“If organic seed is contaminated, there is no way to grow nongenetically modified crops,” he said. “The outcome will be either seed controlled directly by Monsanto or contaminated by Monsanto.”
If the 83 plaintiffs led by OSGATA are successful, Monsanto would be forced by the court not to sue farmers whose crops are contaminated by the corporation’s product. When lawyers for the farm groups — working on a pro bono basis — requested such a guarantee, Monsanto refused.
“They are reserving the option to go after those farmers,” Gerritsen said, adding that Monsanto filed a motion to dismiss the case last July. “We need to get the court to protect farmers from invasion, trespassing and patent infringement. We are anxious to get into court.”
If the plaintiffs achieve their second goal, the court will agree that the U.S. Patent Office erred in granting Monsanto patents for crops that do not fulfill the “social utility” standard, which requires that a new invention will result in some “social good.”
Gerritsen faults not only the U.S. Patent Office, but also the U.S. Food and Drug Administration, which accepted Monsanto’s claim that GMO products are “substantially equivalent” to traditional seed and need not be labeled. Thus, consumers can’t know what foods have been grown using GMO technology.
“They can’t have it both ways,” he said, questioning the awards of patents for products because they are new, which then evade labeling because they are not new.
“President Obama promised mandatory labeling of genetically modified products and we must hold him to that,” Gerritsen said, acknowledging a possible challenge: The current deputy commissioner of the FDA, which regulates labeling, Michael R. Taylor, is a former vice president of Monsanto.
Gerritsen said the plaintiffs hope the case will go to trial by late winter or early spring. At this point, they are still awaiting a ruling on the motion to dismiss.
“Once we win the case, one can imagine Monsanto will want to appeal,” he said, predicting a process that could take three to five years and end up in the Supreme Court, where they might face another challenge: Justice Clarence Thomas served as an attorney for Monsanto from 1976-1979 and has failed to recuse himself from other cases involving the corporation.
Meanwhile, Gerritsen is encouraged by the effectiveness of the Occupy Wall Street movement in putting a spotlight on inequity. “It is the new conscience of America,” he said. That’s why he made his first trip to New York City to let the Occupy protesters know that farmers are behind them.
“I have not spoken to one farmer who doesn’t understand the message of Occupy Wall Street,” he told New York Times reporter Julia Moskin. “We have fifth- and sixth-generation farmers up where I live being pushed out of business, when all they want to do is grow good food. And if it goes on like this, all we’re going to have to eat in this country is unregulated, imported, genetically modified produce. That’s not a healthy food system.”
For more information, visit fooddemocracynow.org, pubpat.org, osgata.org, foodintegritynow.org, woodprairiefarm.com and www.i-sis.org.uk/MonsantovsFarmers.

28 Comments so far
Show AllGO Jim Gerritsen!!!!!!
We are behind you 110%
Yes, this certainly could end up in the Supreme Court. With a democrat as President there is at least a chance of appointing Justices who will give issues like this a fair hearing. A republican president will give us more like Thomas or Scalia. Go ahead, vote 3rd party or stay home. Pretend things will get better.
In 2010, Democratic president Obama appointed a former VP of Monsanto, Michael Taylor, to be the Deputy Commissioner of the FDA. Yeah, a former Monsanto executive is overseeing the safety of food products in America.
So, go ahead and continue to pretend that the complete corruption of our government hasn't already taken place.
Alert! Alert! "Vote D for the Sake of the Judges" canard has just been deployed! Mobilize countermeasures .... releasing the truth.... standby.
Let's not forget that half the Dems in the Senate voted in favor of John Roberts, and almost half voted in favor of Alito by breaking smoke n' mirrors filibuster ... before they cast a meaningless No vote against him.
President Borat's nominations are to the right of the judges they replaced ... both of which were repub nominations... O has actually moved the court to the right
Cut the cord already .... Don't vote D for the sake of the judges!
And, just to gratuitously belabor the point:
The presumption that a Democratic administration will surely nominate more humane, enlightened SCOTUS justices, and that this is a-- perhaps the-- pivotal issue in which there's a real difference between the abominable Party of Cain and the tolerable Party of Judas, is self-vindicating.By this I mean that once you're on this trolley, even the successful nomination of a corporatist, careerist, enigmatic, time-serving place-holder like Elena Kagan can only be touted as a "win" that proves the proposition.The trolley is primed to the gills with knowing, supercilious "realpolitik" rationalizations that can be hurled from the windows at skeptics: the justice in question has a far better judicial philosophy than people realize, or critics will admit; in any case, the justice was really the best, if not only, candidate that the administration could safely and "realistically" back in an arduous adversarial nominating process, and so on... ad nauseam.
I have to say that I'm less than enchanted with either party on this. The Republicans seem to fight over who can be the most marginal and the Democrats seem to nominate "reliable" aparatchiks only.
Probably the best election result that I have seen recently is a democrat who was not blessed and anointed by the party bosses and who caused considerable consternation in certain circles by having the temerity to win ;-)
Obama's hand picked Supreme Court Justice Elena Kagan is linked to Monsanto.-----
From Greenchange dot org:-----
As solicitor general, Kagan is supposed to represent the interests of the American people in matters that come before the Supreme Court. Instead, she has gone to bat for Monsanto. In a case that the court is currently considering, Monsanto is trying to overturn a 2007 California decision that imposed a nationwide injunction on planting the company's genetically modified alfalfa. In March, Kagan's office interceded on Monsanto's behalf (click here for a PDF of its brief) even though the government was not a defendant in the appeal. The original suit was brought by Geertson Seed Farms and a collection of environmental groups, who claimed that pollen from Monsanto's Roundup Ready alfalfa could contaminate neighboring plots of conventional alfalfa, causing irreparable harm to Geertson's non-GMO business. -----
http://www.greenchange.org/article.php?id=5836
The elite establishment is like a harvesting machine that, by the insanity of Repuks, is running roughshod over the land, destroying it. The Demoks' role is to throttle it down, so it can rape/pillage the land more "sustainably". But we on the far left intend to stop it, dismantle it, and pile all the parts in a scrap heap. And we're making great progress!
Imagine if my plastic garbage (tm) blew onto a neighbor's yard, and then I sued him for infringing on my rights to my garbage (tm).
Readers might be interested in this Canadian farmer, Percy Schmeiser, who has filed a major lawsuit against monsanto. Mr. Schmeiser won the Right Livlihood award several years ago and I heard about him when being interviewed on Democracy Now.
Check out: www.percyschmeiser.com
He along with others fighting this corp. need all the help they can get.
Of course Percy needs all the help he can get.
His government and industry certified organic farm, his livelihood, was wiped out by transgenic contamination from Monsanto 'Round-Up Ready(tm)' test fields LITERALLY only a fence wire away.
Monsanto is one of several corporations that must be extirpated. Completely wiped out, their assets distributed to their many victims, their patents revoked, and a law, if necessary an Amendment, created to forever forbid private/secret genetic work.
Absolutely. They own so much much more to humanity than their assets will ever allow to be repaid.
Monsanto seed monopoly is at the heart of the epidemic of farmer suicides in India. More than 100 000 have killed themselves over the policies of Monsanto that force them into ruinous debt slavery buying expensive 'terminator gene' seeds. These seeds produce plants whose own seeds are sterile, and thus can't be saved to plant for the next harvest.
If they don't succumb to that, they are forced to grow luxury crops that are exported for Corporate profit, further reducing the landbase and impoverishing the farmers.
Many see the trees, but don't forget the forest as a result- Monsanto's aim, basing judgment on their acts and actions planet-wide, is to gain a monopoly on the world food supply. They are being fought on many fronts in many countries, but they have a lot of money to buy their way into positions of power (i.e. FDA) and to buy lawyers to sue farmers to bankruptcy and thus intimidate other farmers from even speaking up.
The GMO labeling laws didn't need a stooge in a high place in the FDA, that was easy enough to buy other ways. It was the "substantially equivalent" to get GMOs into the food supply that needed a stooge in the FDA.
Monsanto is one of the major players (along with Microsoft) in the Iceland Svardbald 'Doomsday Seed Vault'.
Coincidence?
Only if you believe nineteen incompetent highjackers could accurately pilot three planes into landmark buildings one September day in the most heavily defended airspace on the planet...
why can't Monsanto be prosecuted for the trespassing of their pollen?
That is what should happen. That is what a sane society would expect.
But in a society where everyone is paid off, then the golden rule applies.
you know the one I mean... he who has the gold makes the rules.
But you are right, and it will eventually happen, if we survive as a nation.
Read this:
http://djosiris.blogspot.com/2011/09/in-1871-united-states-constitution-was.html
They should be, but pollen is pollen. In MN an organic farmer sued his non-organic farmer for trespassing: the pesticides drifted onto is farm thereby rendering his organic crops useless.
I think pollen contamination will eventually be used, but the problem with that is GMO pollen contamination cannot be undone. There is no remedy but to put Monsanto out of business completely.
Of course the gold rule will rescue them...
That is absolutely outrageous! I am so sick of the high cost of legal representation being used to thwart justice, allowing large conglomerates to have their way because organic farmers as a group are not wealthy people.
Go Jim!!!!!
It's worth remembering that Monsanto was the company that developed the precursor to 'Round-Up(tm)', the notorious Viet-Nam era defoliant Agent Orange.
It's also worth pointing out that 'Round-Up(tm)' is only drastically diluted Agent Orange.
Something to think about the next time you see your neighbor out tending his lawn...
It's all about money.
( 1. ) When Fukushima's radioactivity is deposited on someone's home, TEPCO goes to court to say that the toxic material is the homeowners responsibility to deal with -- because otherwise they'd have to pay to clean it up.
( 2. ) When Monsanto's GMO pollen is deposited on someone's farm, Monsanto goes to court to say that their valuable patented material is being stolen -- because they seek maliciously to destroy their competition, and make some profit from the winds themselves.
Wouldn't be truly ironic is both of these deceitful corporations shared interlocking directorate boards ?
In Iraq, Monsanto got the US government to 'order' - as part of the peace agreement, that all present and future food seed is to be pruchased from the Monstanto.Frankenstein seed ghouls.
Monsanto Corporation, and its owners and employees, are being incredibly ugly. All of them. And that is a very generous assessment!
I agree 100%. I would go further to say they are among the worst of the worst offenders on this earth. They are completely out of touch with reality. Sustainability means nothing to them. They are insane. Criminally insane. They need to be not only put in their place, but forced to do what is morally and legally right: serving the public from whom they profit, and being stewards of the earth, not ugly masters. And they must pay restitution to all those who have suffered from their policies.
I do understand that we are living in a time when the number of people on this planet are more than it can sustain normally. That's when Monsanto steps in, providing pesticide resistant crops in countries that are otherwise unable to grow food. But they should not put that stuff here in this country. Or they should be forced to contain it within enclosed facilities. And NOT prosecute farmers whose crops have been unwittingly fertilized with their poison seeds. How crazy is that?
"The fable that GMOs are feeding the world has already led to large-scale destruction of biodiversity and farmers’ livelihoods. It is threatening the very basis of our freedom to know what we eat and to choose what we eat. Our biodiversity and our seed freedom are in peril. Our food freedom, food democracy and food sovereignty are at stake."
http://www.navdanyainternational.it/index.php/component/content/article?id=137
Download the full report: http://www.navdanyainternational.it/images/doc/Full_Report_Rapporto_completo.pdf or its synthesis: http://www.navdanyainternational.it/images/doc/Full_Report_Rapporto_completo.pdf (both written also in english)
Thanks for your engagement to reveal corporations non-vindicatory domination of peoples nutrition.
GMO aren't a US-only problem. Seeding genetically modified seeds in monocultures in the so called 'third world' is one of the main reasons for hunger. Sending food-aid isn't a help: http://www.tlaxcala-int.org/article.asp?reference=5771 .
The only way food can be maintained healthy and sustainable is biodiversity and farming in small scales by many individual farmers instead of big monocultural farming.
The good news is that if they can repeal the patent, then universities can publish their studies without the legal protection that the patents have afford Monsanto.
That in itself will stop Monsanto cold, and they know it. We need to keep the pressure on them from all sides.
Lets' hope the farmers win this one. We must regain control of our food system for the sake of our health and welfare here in the US, and for that of peoples around the globe.