OAKLAND, CA - May 21 - Food First/Institute for Food and Development Policy deplores the Canadian Supreme Court's decision finding that Canadian farmer Percy Schmeiser violated Monsanto's patent for genetically modified (GM) canola. Schmeiser, a long-time farmer of canola, has fought against Monsanto in Canadian courts for seven years.

Although four of the nine judges disagreed, Monsanto and other agricultural biotechnology companies are likely to cite the Canadian case when they prosecute farmers for "stealing" crop varieties that the companies claim as their private property.

This is dangerous because GM crop genes may be carried by pollen into the fields of farmers who never planted GM seeds. Like Schmesier, they may be fined for patent infringement.

"This ruling places the burden of proof on the shoulders of farmers, a shocking reversal of 'innocent until proven guilty,'" said Kathy McAfee, Food First executive director.

Some state legislatures are moving to protect farmers from such lawsuits. Vermont's legislature recently voted in favor of the "Farmer Protection Act," which seeks to protect farmers from being penalized if artificial genetic material spreads to their crops.

An even greater danger stems from the implication that genes, plant varieties, or any higher organisms are subject to private ownership. The decision appears to contradict a recent ruling by the same court that found that "higher organisms" such as mice, even if genetically engineered, may not be patented.

"If we permit transnational firms to claim that seeds are their private property, and that farmers may not replant them without paying the 'owner,' we will allow them even greater control over our food supply," said McAfee.

"Control of farming by large agribusiness firms is already promoting vastly increased use of toxic chemicals, costlier seeds, greater financial pressure on farmers, fewer choices in seeds and farming methods, and the loss of thousands of small and medium-sized farms.

"Meanwhile, the 'molecular miracles' of genetically engineered crops promised by companies such as Monsanto have yielded no increases in food production, no significant reductions in pesticide use, and no benefits for consumers," she added.

McAfee noted that farmers around the world have heard of Schmeiser's case, "Farmers in many countries regard Percy Schmeiser as a hero. This setback will only add to their determination to maintain the right to save and replant their own seeds and to reject the products of giant biotechnology firms."

For more information on Percy Shmeiser, visit http://www.percyschmeiser.com

For more information on crop genetic engineering, visit http://www.foodfirst.org/pubs/backgrdrs/2002/sp02v8n2.html

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