Socially and Ecologically Responsible Agriculture Network

[Douglas Hinds <cedecor AT gmx.net>]

Hello Kirk and other USDA Organic-Certification list members
following this thread:

Wednesday, February 4, 2004 Kirk said regarding "GMO Legality":

KL> Thanks Sal and Douglas for answers (OFRF pointers today). Names,
KL> numbers,  ya,  damage done.

KL> Despite the distastefulness of legal action, it seems both
KL> necessary and winnable.

Are economic resources likely to affect the results? Can justice be
bought? Can you afford the price?

KL> Not just on grounds of "trespassing and nuisance"

Can the presence of pollen from external sources be considered
trespassing? Pollen can be expected to be carried on the wind and
by bees.

KL> but economic loss.

The discrepancy between USDA and FDA standards for conventional and
organic food can demonstrate that damage occurred, if and when
higher prices are obtained for organic crops (which has not always
been the case recently), or through the loss of established clients
due to the presence of GM genes. This doesn't prove they are a
contaminant however. All that is clear is that the presence of GM
genes can prevent or invalidate organic certification.

KL> One cannot deprive another of income by "adventious" or any
KL> other action causing damage under US law, I believe.

You would have to prove negligence, and who would be liable? The
farmer? The US government? Remember that the Chem-Gene industry has
been setting the stage for the demise of the organic food industry
-which represents a threat to their livelihood and an end to the
current state of farmer dependency on their artificial, patented and
easily distributed products- and may well claim that the USA is
better off forgetting the manure with it's E Coli and getting on the
GM bandwagon. They will make the organic industry appear to be the
real contaminator, as well as a serious impediment to progress in
general and the USA's leadership in the world community.

KL> Where are legal eagles here? Where can I send a few bucks to
KL> support a US class-action suit?

Where is the organic industry's initiative and support for that kind
of procedure?

KL> I agree with Douglas on need for legislation but believe a well-focused
KL> legal action will get better results and wider applicability sooner.

They are two complementary fronts and both are necessary, along with
the kind of grass roots mobilization that drove the Save the
Dolphins movement to overcome the tuna industry. That means both
picketing stores with GM food and setting up tables in shopping
centers for collecting signatures and contributions are needed.

A movie like Flipper would help a lot also, but who or what would be
the object of sympathy? Organic farmers and their farm animals, I
guess, along with their friendly and loyal consumers and their pets
- all those good people that don't want their families to eat GM
food, who want freedom of choice and good tasting, nutritious and
wholesome organic and GM gene-free food.

A class action lawsuit would draw attention to the need for
legislation that resolves the question of liability for the damages
that are already occurring and will greatly increased if left
unchecked.

KL> New not-Bush-brain national administration needed, too, clearly,
KL> per ATTRA news.

The organic and sustainable movements will have to unify, coordinate
and implement a powerful, common strategy on many fronts in order to
survive.

KL> I have to say I am most un-litigious at heart but sometimes
KL> seems you gotta do that.

It is clear that a new element has changed the perspectives
confronting both the organic grower and the organic food industry as
a whole at present: It is much more difficult to maintain organic
seed, crops and food free of GM genes than it is to keep them free
of synthetic agrochemicals. In fact, maintaining organic seed, crops
and food free of GM genes is probably impossible - unless measure
designed to prevent that are legislated, beginning with labeling and
liability laws.

A choice will have to be made. The Organic and Chem-Gene agricultural
production systems are fundamentally incompatible and cannot
co-exist. Unless that is recognized however, the very presence of GM
crops will spell an end to the organic industry.

That fact, coupled with evidence revealing the presence of serious
flaws in the GM research data, methods and conclusions used to
justify the FDA/EPA/USDA's approving their release and the recent
recommendations of the National Academy of Science regarding this
issue, means that a FULL CONGRESSIONAL REVIEW of the approval
process and the results of the pervasive presence of GM crops in the
food chain is in order. Nothing short of that will accomplish the
goal.

As things stand, everything is just fine. Americans eat the best
food in the world, GM crops represent the best of American
initiative and tradition, there's no need to scare people or label
GM foods and above all, DON'T question the decisions my government
makes. Yet that is exactly what needs to be done, and only congress
has to power to do that.

I have nothing against GWB, personally. I just happen to doubt that
the USA can survive 4 more years of his government.

Douglas

Send George back to Texas.