BRIDGEWATER, Maine — Organic farmers will appeal a case dismissed in February that pitted them against corporate agriculture giant Monsanto in federal court.

The group that brought the lawsuit is the Organic Seed Growers and Trade Association, which is headed by Maine potato-seed farmer Jim Gerritsen of Bridgewater.

“We want to believe that the system will work for us,” Gerritsen said Thursday.

Monsanto is a leading global provider of technology-based solutions and agricultural products, according to its website, and one of its products is genetically modified, or transgenic, seeds. Activist groups across the world have lobbied against genetically modified seeds, calling them unsafe for human consumption and saying that they weaken or destroy other seeds and crops.

Gerritsen said that Monsanto defends those seeds and claims patent infringement by organic farmers whose produce becomes contaminated from modified seed that drifts onto their fields. The lawsuit sought to challenge the constitutionality of Monsanto’s seed patents and to protect farmers accused of stealing patented seed.

Organic crops can be contaminated by wind drift of pollen from transgenic crops such as corn. Maine allows farmers to grow transgenic corn.

Gerritsen said that if a neighbor raised a transgenic crop such as corn and the wind blew the pollen onto his organic farm, it could contaminate his crops.

The suit originally was filed in March 2011 by the Organic Seed Growers and Trade Association and 83 agricultural and consumer groups. In February, U.S. District Judge Naomi Buchwald of the Southern District of New York dismissed the lawsuit before it went to trial.

The court ruling said there was no likelihood that Monsanto would pursue patent-infringement cases against the organic farmers, who have no interest in using the company’s patented seed products.

Gerritsen maintained that growers have a right not to be invaded by something that would be catastrophic to their businesses and families. He also said that virtually all of the 83 farmers represented in the initial suit are joining the appeal.

Wood Prairie Farm is a certified organic family farm producing seed and specialty potatoes, including the award-winning Prairie Blush variety discovered by Jim and Megan Gerritsen, plus vegetable and grain seed. The farm has customers in all 50 states.

He said that the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., will not be able to hear the case until this fall or winter.

“We filed this suit a year ago because farmers and their families need justice,” he said Thursday. “We did not get justice, so we will keep fighting.”

Reuters contributed to this report.

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36 Comments

  1. Please keep fighting, in the courts, on the streets, whatever. This is a matter of life and livelihood. Don’t give up. Monsanto’s practices must be stopped.

    1. One word  that you mentioned is what this is all about. “Livelihood.”  They feel threatened. I can’t say I know much about this but the idea of Organic farmers fighting , “The man” kind of turns my stomach.  If it’s not their way it’s no way.  I don’t agree with that.

      Seeds are being designed that can grow in a variety of climates. They are also being designed to produce multiples of what the original could. Potential for feeding the TRULY hungry in other parts of the world. If I see absolute proof that these are “Just devastating” then, I will revisit my stance. “He says as he licks his BPH laden cup.

      1. Baloney, they are simply fighting to be free of the threat of contamination from others’ property and activity.   Its no different than requiring a factory to keep its poisons out of our rivers.  There is no evidence that these GMHO crops will result in reduction in hunger in other parts of the world.  This concept reflects a simplistic view of global food politics. 

        1. ” I can’t say I know much about this but the idea of Organic farmers fighting , “The man” kind of turns my stomach. ” 

          Why people are on the side of international corporations instead of their neighbors, besides “no compromise” partisan politics, which is close to blind bigotry, is beyond me. If Monsanto owns the genes, it must control its property. If it can’t control it, how can it own it when it moves onto another farm ? Pick only one. But Monsanto wants it both ways at once; http://www.percyschmeiser.com/ 

      2. The GMO myth.  Some GMO seeds outperform non-GMO in conventional farming but organic, especially when using locally selected varieties, can outperform GMO or non-GMO conventional (particularly in drought and higher rain situations).  GMO makes the farmers dependent on both the seeds and all the chemicals.  And organic doesn’t contaminate the groundwater, surface water, or soils the way GMO does.  And OMRI products are the known or suspected carcinogens that synthetic farming products are.  Read or see Food Inc.  Get a copy of Acres USA and read it.  Check out the Rodale Institute.

      3. Monsanto starts them young, beginning with 4H.  http://www.monsanto.com/ourcommitments/Pages/Monsanto-and-4-H.aspx

        Forget “organic” farming, if you are put off by that word.  Just try to find corn seeds, and other seeds,  that are not in the grip of Monsanto, of any of its subsidiaries.

        I’m trying to think of an analogy that you can relate to regarding the threat here, but, despite what you say about revisiting your stance, I think it’s just too much for you to ponder, and I’d agree.  That any one company could have such control over food is too frightening to bear.

      4. Lets look at the big picture, we are headed for a depression worse then the “Great Depression”. Lets say you have a a veg. garden,  fish pond, fruit  orchard and chickens all ” heirloom”  or  self reproducing, the decendants from 4 generations of care. You can feed your family and make enough money to pay property tax, buy winter clothing  or get meds for your kids and a new shovel and this will take care of your decendants forever.
         Your neighbor buys Monsanto veg seeds  fish, fruit trees and chickens. Between the birds and bees and the fact that your neighbor lets their chickens run free and they are always in your yard, now your chickens lay sterile eggs and soon you have no chickens. The birds and bees drink from your neighbors pond then stop to forage in your veg. garden then for a drink at your fish pond and spread the Monsanto disease and now you have no more fish and your last food from your garden. The birds and bees land in your trees now you have no fruit from the trees your g-g-granddaddy started 150 years ago.. Now you have nothing, neither does your neighbor.No income from your formerly abundant crops.
        Ask yourself this, why is the governement saying “nothing wrong here” by backing Monsanto when they destroyed a seeds ability to reproduce, the ability for even the poorest of poor to eat out one side of their face, yet telling people to eat more veggies and grow a garden when they know without money people won’t be able to buy seeds and their seeds kill everyones seeds that are heirloom and self reproducing, out the other side of their face?
         Here’s the best part, I use heirloom seeds, my neighor uses Monsanto, last year one veg. item I got lots of plants and only one fruit that was so deformed and disgusting it wasn’t eatable and usually I’d get enough for my family and give some away.
         Now how great is Monsanto, tell us while  you watch your child slowly die in your arms from hunger, but thats ok right? Cause Monsanto seeds produce more food for other countries but only once and they are great IF you have the money to buy.
         STOP MONSANTO  before they get their hands on anything else.

      5. Actually, (and I am surprised the BDN’s article did not mention this, given the reasoning for the court ruling e.g. that organic farmers’ livelihoods are not threatened by GMO corn) Monsanto has successfully pursued legal action against a number of farmers (albeit not smaller organic farmers, to my knowledge) who did not buy GMO corn products but whose own crops and seed stock were contaminated by GMO blow-in and cross pollination. Monsanto sued the pants off these farmers and forced them to destroy their seed stock–the basis for their livelihood–because the farmers (unknowingly and unwittingly) violated Monsanto’s patent for the modified genes that are contained in the genome of GMO corn. (Another good question: is patenting genes patenting life, especially considering that GMO genes have been spread by pollinators into Mexico and other places where GMO corn has been banned to protect heritage crops?) So, clearly, a farmer’s livelihood could be threatened by Monsanto’s products, even if that farmers chooses not to use them, because that huge corporation could come in and claim that the farmer is stealing from them. Messed up, huh?

        See Food, Inc. the documentary film.

  2. Monsanto’s team of lawyers has sued many small farms for copyright infringement, when it is Monsanto’s product that is contaminating others.  Genetically modified seeds are not going to “save the world,” as Monsanto would like everyone to believe.    Their GM plants require more pesticides than most, and need more with each planting.  Monsanto’s GM seeds are poisoning our food supply and our soils with dangerous toxins, like the formerly unknown BT toxin.  It is Monsanto’s goal to own every seed.   They are well on their way, and no one in the FDA or USDA will stop them because the almighty Monsanto has powerful connections at every level of our government.  Many countries in other parts of the world have totally banned GM seeds and foods, yet they are on our shelves and aren’t even labeled!  We are all unwillingly a big science experiment for Monsanto, the makers of Agent Orange.   How arrogant of man, in general, and Monsanto, in particular, to think that we can mess with Mother Nature and not cause havoc beyond our comprehension.

    1. What concerns me about your statement, (Educated as it appears) is this. Do you believe that  Monsanto is knowingly doing harm? I suppose I shouldn’t bother to ask but….

      I wonder how many people that were involved with agent orange are still with the company, for that matter still in the workforce. I just feel that bringing up something from decades ago is a little devisive and has nothing to do with this issue, unless of course we want it to be, RIGHT?

      By the way, we tempt mother nature all the time. We seek to cure illness as I stated previously, people live to the point of often not wanting to live. This didn’t occur NATURALLY, it was SCIENCE.

      1. Monsanto is only concerned with making money. The science they use to make money is applied to modifying the way plants grow in order to maximize size, weight and yield at the expense of nutrition and sustainability. They also are attempting to control the markets for these frankenstien plants and to eliminate or marginalize the competition through their infringement lawsuits.

        The fact that Monsanto developed “agent orange” is a good indication of their approach to making money and yes, it is very relevant to this discussion as it exposes the corporate culture and how they have developed and will apply their products. They clearly have little concern with the short or long term damage their products cause (except for public perception) but they are very concerned with their ability to continue to generate super profits, which come at great cost to the rest of us.

        1. “Monsanto developed agent orange……”  And Bayer of Germany, the people who make our aspirin, made parts for the furnaces used at the Nazi death camps.  What’s your point?

      2. It is very likely that there are not too many people left who were directly involved with Agent Orange. Consider the one fact that Monsanto’s seeds produce plants that are sterile. Next year, a farmer has to buy more seeds. This alone tells you it’s all about profit. BTW, I love the term “transgenic.” So much nicer-sounding than geneticaaly modfied.

      3. yes monsanto IS knoweingly doing harm because they dont want anyone using nothing BUT their products and will go at nothing to make sure that happens.. watch the program” FOOD INC” and others on the food industry and then come away thinking monsantos is such an angel and doing the world good.

  3. Aren’t illness’s such as cancer part of natural selection? For every 100 year old skydiving on the news there are thousand of 85 year old that are incapable of functioning. We’ve lengthened the average lifespan to the point that most people are pretty miserable physically by the time they die. What’s the point?,for everyone to live to a hundred, drooling in our cups? And yes, I’ve had loved ones die of cancer. I’m not immune to the sadness of losing a family member.

    1. Could it possibly be that you are suggesting that the corporations that pollute the air and water with carcinogenic chemicals are doing us all a favor by reversing the benefits of medical science? This is not natural selection. This is death for profit.

      1. What are you doing DEFENDING Monsanto suing farmers whose crops are INFECTED by neighbors’ Monsanto-GMO patented pollens? 
        If you can’t have it two different ways at once, you have nothing, do you ?  

          1. No one being able to understand the post you were replying to, might have something to do with it. 

  4. Monsanto has sued hundreds of farmers for “stealing” their patented products.  When in reality the farmers did nothing.  The wind or animals, or insects cross polinated the other farmers fields.  And amazingly the courts agreed with Monsanto.  Even though the “offending” farmers had no hand and made no effort to “steal” the products.  This is 100% pure corporate greed.  There are litterally thousands of stories on the internet where farmers were told their crops were tested and Monsanto’s “patented” dna was found in their crops.  If the farmers agreed to pay Monsanto for the value of the seed for their acerage, Monsanto would drop the case.  Monsanto was basically making the farmers pay Monsanto for seed they never sold or delivered to the farmer.  The original seed was purchased from other supliers.  Thus making the farmer pay twice for seed.  And Monsanto seed prices are higher than others.  And Monsanto will not allow farmers to stock their own seeds.  You have to buy each years seed from them. 

    That means high food prices for the public.  Farmers are not allowed to grow their own seed because Monsanto “pattented” their seeds and enforces it to the line.  Why does the gov’t allow this to happen??  Because every president has allowed someone from Monsanto to work at the FDA for decades now.  Monsanto has inside people in the FDA.  That is a fact!!!  Corporate greed and crooked gov’t at it’s finest!

    1. How long will it be,  if corporations are really “persons” , before one is executed by lethal injection  in Texas ? 

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