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  • From: <activism98201@verizon.net>
  • To: Healthy soil and sustainable growing <livingontheland@lists.ibiblio.org>
  • Subject: [Livingontheland] Farmer Percy Schmeiser settles contamination battle with Monsanto
  • Date: Wed, 26 Mar 2008 12:44:54 -0500 (CDT)

This is a big victory!


-Mark Nagel
Everett, WA


Source:
http://www.naturalfoodsmerchandiser.com/asp/articleDisplay.asp?strArticleId=2804&strSite=NFMSite

Farmer Percy Schmeiser settles contamination battle with Monsanto
Vicky Uhland


3/25/2008 3:37:32 PM


Canadian canola farmer Percy Schmeiser, who has battled biotech company
Monsanto for a decade, last week settled a lawsuit that he said will allow
farmers with fields contaminated by Monsanto's genetically modified seed to
get "compensation without giving up their freedom of speech or their future
rights to sue."

Schmeiser, 77, has been involved in two lawsuits with Monsanto since 1998,
after the company discovered its GM Roundup Ready canola seeds growing on
Schmeiser's 1,400-acre Saskatchewan farm. Monsanto billed Schmeiser for
unauthorized use of its seed, but Schmeiser claimed the seed drifted onto his
fields from neighboring farms and passing trucks. In 2004, the Supreme Court
of Canada ruled that Schmeiser violated Monsanto's patent by knowingly
replanting and harvesting the GM seeds, but he didn't have to compensate
Monsanto because his profits weren't affected by the Monsanto seeds.

In 2005, Schmeiser said he discovered GM canola growing in a 50-acre fallow
field he was using for mustard research. He notified Monsanto, which agreed
to remove the plants through its "unexpected volunteer response program,"
provided he sign a standard release form. But Schmeiser balked at two
provisions he said were in the form: a "gag order" that would prevent him
from talking about the seed cleanup, and a prohibition against suing Monsanto
for any future contamination of the field.

"It said my wife, myself or any member of our family could never ever take
Monsanto to court for the rest of our lives irregardless (sic) of how much
they contaminated that field," Schmeiser said. "And we flatly refused to sign
the gag order because we will never give our freedom of speech away to a
corporation."

Monsanto Canada spokeswoman Trish Jordan said the form is "standard business
practice" and that none of the farmers who have requested similar GM seed
cleanups from Monsanto have ever "expressed any concerns" with the form. She
also said the form doesn't state that "the person [who signs it] cannot sue
us in subsequent years."

She provided a copy of the form, which reads: "The grower does hereby for
himself and/or the corporation, his heirs, executors, partners, joint
venturers, administrators, successors, affiliates, subsidiaries and assigns,
release and forever discharge Monsanto Canada Inc., its affiliates,
successors and assigns, and its officers, directors and employees, servants
and agents (past, present and future) (hereinafter referred to as the
"Releasees") from any and all actions, causes of action, suits, claims,
demands and damages of whatever nature or kind for, upon or by reason of any
damage or loss to person and/or property which has been or may be sustained
in consequence of the purchase, use and or application of" whatever product
Monsanto gives the farmer to get rid of the GM seeds or plants.

Schmeiser paid $660 to have the GM plants removed from his fields and then
sued Monsanto in small claims court for the sum. Jordan said at a court
case-management conference in 2007, Monsanto offered to revise its release
form to meet Schmeiser's approval, but he declined. Schmeiser disagrees.
Monsanto "refused to revise the conditions [in the form], and the court
records would prove that," he said.

Schmeiser said he offered to settle the case a year later provided Monsanto
write a new form that would allow him to discuss the case and sue Monsanto
for any GM contamination of his field for any year other than 2005, when he
discovered the contamination. Monsanto rewrote the form, and the case was
settled March 19.

"It's a major breakthrough for farmers, giving them back their freedom of
speech and their right to sue," Schmeiser said. "After 10 years of fighting
Monsanto, this is a good way to end it."




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