Farmer puzzled by weed killer's surprise crop
By CATHRYN ATKINSON in Bruno, Saskatchewan: 2/5/2000
It all began with a few stubborn weeds in a ditch. Percy
Schmeiser, a 68-year-old Canadian farmer, was puzzled by the poor result of
his annual herbicide spraying in the spring of 1997. As in previous years, he
used Roundup, Monsanto's weed killer, along the outskirts of his 570-hectare
farm near the hamlet of Bruno, in Saskatchewan.
Despite saturating the area with herbicide, he found
rogue oilseed rape plants thriving in ditches and around telephone poles.
Having crossbred his own seed for 35 years, he wondered if he had accidentally
created some kind of mutant.
So he sprayed Roundup from the edge of his field into his
own flourishing crop of oilseed rape. It should have killed everything but, to
his alarm, more than 60 per cent of the plants survived. Only Roundup Ready
oilseed rape - genetically modified by Monsanto to create a mutually exclusive
relationship between its seeds and its herbicide - can survive.
Some time later, Monsanto was tipped off that Mr
Schmeiser was, allegedly, growing Roundup Ready GM oilseed rape, and asked
Robinson Investigations to take samples from the Schmeiser farm.
Mr Schmeiser's crop possessed Monsanto's gene. Although
Mr Schmeiser says he had never bought seed from Monsanto or signed a contract,
the corporation sued him for cultivating its gene, demanding all profits from
the crop and unspecified punitive damages.
Mr Schmeiser argued that any number of potential
contaminants could have infiltrated his seed - such as blow-offs from passing
trucks laden with Roundup Ready oilseed rape, insects, wind or
cross-germination - and that further contamination could have occurred when he
kept back seed to plant.
Last August, the two parties met to resolve the dispute.
They failed, so Monsanto's case goes to the Supreme Court of Canada in June.
Meanwhile, a furious Mr Schmeiser has brought suit
against them, for allegedly contaminating his seed stock, for defamation and
trespass, and the theft of seeds and plants. He is asking for punitive damages
of $US6.7 million ($10.6 million).
Mr Schmeiser is one of more than 1,000 Canadian farmers
investigated by Monsanto in the past three years for allegedly growing its
patented GM crops and breaking the conditions of the company's technology use
agreement (TUA).
This gives the farmers the right, for a price of $US10 an
acre, to grow GM crops, and allows Monsanto unlimited access to their fields,
seed stores and crops for up to three years.
Farmers must also agree to destroy any leftover seed each
year in order to protect Monsanto's patent. If they wish to buy the seed the
following year, they must sign the TUA and again pay the fee. Monsanto says
that 400,000 North American farmers have signed the TUA (20,000 in Canada).
Mr Schmeiser's case is gaining worldwide attention, but
it is, perhaps, most closely watched by those farmers who fear Monsanto's
legal wrath for violations of the TUA.
The Guardian
Originally posted: http://www.smh.com.au/news/0002/05/world/world13.html
Who's Our "Man of the Hour" ?
Percy Schmeiser - The Gutsy Canadian Farmer Who Dares
Take on Monsanto
Speaking in an overflowing auditorium October 21, Percy
Schmeiser, a farmer and Mayor of Bruno, Saskatchewan, had the attention and
sympathies of 250 concerned citizens at the Harbour Towers Hotel in
Victoria. Accompanied by Lynn Hunter, ex-MP for the British Columbia
New Democratic Party and presently a fish aquaculture specialist with the
David Suzuki Foundation, he spoke to a hushed crowd of citizens brought
together by C.A.S.E.S (the Citizens Action to Save the Environment Society).
CASES is the one of the best known environmental groups in Victoria,
headed by veteran activists Derek and Gwen Mallard.
Mr. Schmeiser's talk was at most revealing, shocking, and
anything but comical as he described measures taken by Monsanto to bring legal
action against him for allegedly growing a genetically modified canola crop
without ever having purchased seed, nor signing a contract. A proud farmer of
40 years whose expertise grew out of life experience while picking up tips
from the customers/farmers who frequented his day job as a farm equipment
dealer, Percy was darned proud of his seed.
As he tells it, in 1948, Monsanto reps came out with DDT
to control wild mustard weed abundantly growing on the Prairies. The reps said
that it would kill all the weeds and that's the same line being used now.
Monsanto adverts suggest to "Spray 'Roundup' just before harvest" to
sell more wheat, peas, and barley. By
spraying on low-lying areas and hills, Roundup causes the field to evenly
ripen, but also kills the germination of next year's crop.
This year, Percy had to buy new seed to replace his
contaminated 1400 hundred acres.
This fall, the Barley Grower's Association refused to buy
barley sprayed with Roundup. Over
1/2 the countries worldwide won't buy genetically engineered Canola.
Since the Canadian Government has allowed the growing of these crops,
Schmeiser asks, "Why should these (other) farmers be penalized?" for
the mistakes being made on neighbouring land.
And then there's the issue of the lawsuit.
He states that not only did he never attend a meeting for the purpose
of purchasing seeds from Monsanto, he never purchased seed, nor signed a
contract (which would have occurred at the time of purchase). He hasn't even
spoken to any of their reps.
Since the big M could not bring forth a hard-copy
contract as proof, they have since abandoned the claim that Schmeiser signed a
contract. What they are saying,
however, is that anyone caught with their seed in their crop is guilty of
infringing upon their patent. And this is how they're trying to get Schmeiser.
Monsanto advertizes that genetically altered canola can
be sprayed. Mr. Schmeiser says
that while it may be cheaper the first year, cross-pollination from the crop
increases by 30% a year, meaning four to five times as much pesticide is
needed to control weeds on subsequent crops. In the end, GE crops are no
bargain for farmers, many of whom now fear for their livelihood, and some,
like Schmeiser, fear for their lives. (He
takes an armed guard with him while traveling in his truck.)
What takes place to encourage well-meaning farmers
throughout North America to consider planting such a environmentally
questionable crop in the first place? Farmers
are first invited to a meeting attended by an array of high-pressure salesmen.
They are then told something along the lines of, "We'll sell you
the seed, you sign our contract, but you must sell the seed back to us and buy
it again next year." There
is a $15 "technology charge" to accompany the spiel, and for every
year thereafter. After the farmer
succumbs to purchase, the farmer must sign a contract stating that Monsanto
has the right to tread upon their land for 3 years following to check on
whether or not their seed is growing. This
is done to avoid infractions and doesn't take into consideration occurances of
cross-pollination. It should also be mentioned that Monsanto has the right not
only to its patented seed technology, but legally owns the plants and profits
from that crop. "It doesn't matter how genetically modified seed got on
anybody's land," say Schmeiser, "...they say they have the gene.
They have a patent on the gene. Now, they're trying to come in the back
door. They have complete control
over that plant, that seed. Monsanto says, 'It's ours...' We don't have rights
left!"
In Saskatchewan and Alberta, if chemical spray from a
neighbouring crop pollutes adjacent land, the farmer has the right to sue.
But you can't sue for genetic pollution from a genetically engineered
crop.
What if a farmer is caught with patented seed? If the
farmer has the unlucky experience of getting caught, he or she is fined the
dollar value of the crop, plus has to sign a trade non-disclosure agreement
regarding the incident. Farmers
are then told to keep quiet about the infraction.
But that deal works only one way: Monsanto's way. Having
been caught with his seeds in the soil, one innocent and unsuspecting farmer
was caught mixing leftover GM soybean seeds with next year's crop.
Someone squealed on him. It cost him his $37,000 crop. After signing
the trade non-disclosure agreement and being told to keep it quiet, he was
more than a little surprised to hear his name mentioned two days later in a
Monsanto radio ad threatening other farmers.
The company had broadcast news of the infraction for the world to hear,
although he was legally bound to keep his mouth shut. At this point, the
farmer's hands are tied, but Monsanto can very publically say what they like
about him.
How are these rogue farmers caught, you ask?
For a time there, Monsanto had a 1-800 number in place to take calls
from neighbouring farmers. Since
an uproar occurred about that, they have since changed to encouraging farmers
attending prospect meetings to tell on their neighbours, instead.
In exchange for their telling the whole truth and nothing but the truth
on their acquaintances, neighbours, and friends, Monsanto has sweetened the
pot with a shiny, new, black-leather jacket.
The line that accompanies the ploy goes something like, "he hasn't
paid his $15 technology fee, so, you see, we're not playing on a level playing
field..." Upon exchange of
the info, the reward is handed out.
How do others get caught?
Monsanto is said to have sent investigators onto farmers' land (without
their knowledge or consent) to take a sample of the crop.
One woman was surprised to see investigators at her door claiming she
had stolen Monsanto's genetically altered canola seed.
They desired to take a sample from her land.
After being ordered off her property, a large flying entity is said to
have come back a week later in the form of a helicotopter tanker distributing
genetically polluted seed on her land. She
didn't speak out.
What of cross-pollination?
Mr. Schmeiser calls GE seeds genetic pollution and weeds that destroy
other crops. "GE crops are a
major, major weed we will never get rid of..." he says, "How do we
get rid of it? How will we get rid of it?"
When Monsanto allows rightful use of their seed by
farmers, their tactics seem anything but fair. In 1996-97, the canola really
flew when Roundup Ready Canola that contained a rogue seed was sown on 65,000
acres of land. Although a massive recall took place, some farmers had already
seeded. A dangerous gene can get
out, but did it? Monsanto found out that one farmer had 1000's of bushels of
this seed still in his possession, although a good amount had already been
sown. They refuse to reveal what
type of gene it contained, or why they were so concerned. "They've been
very secretive about it."
And now for the kicker.
The Canadian Food Inspection Agency has had its funding dollars cut so
they don't have the necessary resources to test GE seeds, or their potential
affect on natural crops. Their decisions are being based solely upon data
provided by the company.
If having chemically polluted food placed in your mouth
against your will is not enough, ponder this:
Says Schmeiser, "They want control of the seed supply...they get
control of the food supply...you got control of the country."
Now, Monsanto is moving into water.
It's time we told our politicians that enough is enough and spoke out
with our own financial voice. God
knows they don't need any more of our dollars.
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Original Posting: http://www.gene.ch/gentech/1999/Oct/msg00187.html
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