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Mr. Schmeiser complained that the original plants came onto his land without his intervention. However, he did not at all explain why he sprayed Roundup to isolate the Roundup Ready plants he found on his land; why he then harvested the plants and segregated the seeds, saved them, and kept them for seed; why he planted them; and why, through his husbandry, he ended up with 1,030 acres of Roundup Ready canola which would have cost him $15,000.
....
…tests revealed that 95 to 98 percent of this 1,000 acres of canola crop was made up of Roundup Ready plants. …The trial judge found that “none of the suggested sources [proposed by Schmeiser] could reasonably explain the concentration or extent of Roundup Ready canola of a commercial quality” ultimately present in Schmeiser’s crop.
Consider Schmeiser’s legal history with this situation:
Schmeiser was first found to have violated Monsanto’s patent in 2001 when the federal court found he “knew or ought to have known” he had saved and planted Roundup Ready seed and infringed Monsanto’s Roundup Ready patented technology. You can read the original Canadian court decision at decisions.fct-cf.gc.ca...
He lost again upon appeal in 2002, when the three-member Canadian Federal Court of Appeal unanimously dismissed all 17 grounds of appeal submitted for Mr. Schmeiser. Read the entire decision at decisions.fca-caf.gc.ca...
He lost again, in 2004, in an appeal to the Canadian Supreme Court--exhausting all his legal options. See the court judgment document at scc.lexum.umontreal.ca...
During his frequent lecture tours, Schmeiser continues to say he didn’t plant Roundup Ready seeds. He’s even stated he won the case in the Canadian Supreme Court. What he doesn’t say is that three separate court decisions, including the Supreme Court decision, say exactly the opposite.
"Monsanto Representatives" Continue to Spread False Information about Percy Schmeiser and the Trial
Is Monsanto's approach protecting licensed canola users or sheer intimidation of all farmers?
Since Monsanto launched their lawsuit against Percy Schmeiser, company representatives have repeated accused Percy Schmeiser of stealing or "brown bagging" their genetically altered seed and deliberately planting it in his fields. From the first time Schmeiser discovered volunteer canola growing in his fields, he has tried to rid his fields of the genetically engineered variety as he had developed his own seed from his 50 years of farming
I'm still astonished at peoples paranoia to believe these baseless claims.
The New York Times article “The Safety Gap” written by Gardiner Harris, 11/2/2008
"This year, 18.2 million shipments of food, devices, cosmetics and drugs are expected to enter more than 300 U.S. ports; the FDA. had 454 investigators in 2007 — one and a half per port — to scrutinize them.." “China’s leap to one of the biggest suppliers of pharmaceutical ingredients in the world over the last decade [note the date], Generic drug makers in the US were the first to seek cheaper drug ingredients...Over the past six years, the FDA has managed to inspect annually an average of 15 of the 714 Chinese drug plants. At its present pace, the FDA. needs more than 50 years to visit all Chinese plants. By contrast, the FDA. inspects domestic drug plants every 2.7 years ” www.americanvegetablegrower.com...
FDA's efforts to combat foodborne illness are hampered by staffing shortages, infrequent inspections and lax enforcement at fresh produce processing plants. The Government Accountability Office (GAO) report said only 1% of produce imported into the U.S. is inspected, and the practice of mixing produce from several sources makes tracing contamination challenging...inspections at produce-processing facilities are rare, and when problems are discovered, FDA relies on the industry to correct them without oversight or follow-up. Between 2000 and 2007, FDA detected food safety problems at more than 40% of the 2,002 plants inspected, yet half of those plants were inspected only once. The plants with food safety problems received only warning letters from FDA, and even those ended in 2005 The Salmonella associated with the latest foodborne illness outbreak has been found, in irrigation water as well as in serrano peppers at a Mexican farm located in Nuevo Leon, Mexico. “The agency seized no fresh produce, sought no injunctions and prosecuted no firms” www.americanvegetablegrower.com...
Meatpacking Maverick: John Munsell's against-the-odds struggle for improved food safety Mother Jones Magazine, December 2003 Issue By Michael Scherer Dec 29, 2003, “Before the tainted beef arrived -- USDA-approved and vacuum-sealed – Munsell had no reason to doubt the integrity of the food-safety system. But that changed after the meat he ground for hamburger tested positive for E. coli 0157:H7. Instead of tracking the contaminated meat back to its source, the USDA launched an investigation of Munsell's own operation. Never mind that the local federal inspector had seen the beef go straight from the package into a clean grinder -- a USDA spokesman called that testimony "hearsay." By February 2002, three more tests of meat Munsell was grinding straight from the package came back positive. This time, as he would later testify in a government hearing, he had paperwork documenting that the beef came from a single source: ConAgra: Munsell fired off an angry email to the district USDA manager, warning of a potential public-health emergency, and adding that if no one tracked down the rest of the bad meat, "both of us should share a cell in Alcatraz." The agency moved immediately and aggressively -- not to recall meat from Greeley, but to shut down Munsell's grinding operation, a punishment that lasted four months. Despite Munsell's continued whistleblowing -- to Senator Conrad Burns (R-Mont.), national cattle associations, and his fellow meat processors -- the USDA failed to address the alleged contamination at ConAgra's Greely Plant. Then, in July 2002, Munsell's worst fears came true. E. coli-tainted burger from Greeley killed an Ohio woman and sickened at least 35 others. ConAgra then recalled 19 million pounds of beef, one of the largest recalls in history.”
“..when we see violations of FSIS regulations,.. we are instructed not to write non-compliance reports... Sometimes even if we write non-compliance reports, some of the larger companies use their political muscle to get those overturned....
Some of my members have been intimidated by agency management in the past when they came forward and tried to enforce agency regulations and policies. I will give you a personal example: [SRM removal regulations concern brain and spine removal to prevent BSE]
In December 2004, I began to receive reports that the new SRM regulations were not being uniformly enforced. I wrote a letter to the Assistant FSIS Administrator for Field Operations at the time conveying to him what I had heard...I was paid a visit at my home in Alabama by an FSIS official dispatched from the Atlanta regional office to convince me to drop the issue. I told him that I would not. Then, the agency summoned me to come here to Washington, DC where agency officials subjected me to several hours of interrogation including wanting me to identify which of my members were blowing the whistle on the SRM removal violations. I refused to do so....
I was then placed on disciplinary investigation status. The agency even contacted the USDA Office of Inspector General to explore criminal charges being filed against me... Both my union AFGE and the consumer group Public Citizen filed separate Freedom of Information Act requests in December 2004 for any non-compliance records in the FSIS data base.... It was not until August 2005 that over 1000 non-compliance reports – weighing some 16 pounds -- were turned over to both AFGE and Public Citizen that proved that what my members were telling me was correct – that some beef slaughter facilities were not complying with the SRM removal regulations... on the same day those records were released, I received written notification from the agency that they were dropping their disciplinary investigation – eight months after their “investigation” began.
It is important to understand that the BSE testing conducted by the USDA is not for food safety purposes, but is part of our surveillance to determine the presence or prevalence of the disease in the U.S. cattle population. Food safety is assured by prohibiting the use of specified risk materials (SRMs)-those tissues where the BSE infective agent would be found-in the human food supply. worldfoodandhealthwatch.tribe.net...
Conference to address food-borne illness litigation www.meatingplace.com...
“The conference will cover topics such as aligning damage assessments/expectations with the outcomes from recent resolved litigation; managing an outbreak effectively to minimize shareholder and reputational risk afterwards as quickly as possible; and how to measure and prove actual control of various players in the movement of contaminated food to accurately assess apportionment of liability.
From International Organization OIE (Office International des Épizooties) we have:
“It is urgent that scientists come forward with alternative methods of disease control that will not only avoid wastage of valuable animal proteins but that will also promote the international trade of animals and animal products by removing technically unjustified trade barriers caused by animal diseases”, www.oie.int...
“Furthermore, it can help to eliminate unjustified trade barriers, since a sound traceability system provides trading partners with assurances on the safety of the products they import. Traceability techniques can provide additional guarantees as to the origin, type or organoleptic quality of food products.” www.oie.int...
Monsanto sells its genetically engineered, pesticide-resistant seeds worldwide. By contract, farmers are not allowed to reuse these seeds, as they would with traditional seeds; rather they must buy new seeds each year.
Top World Company in: Genetically engineered agricultural seeds, herbicide
Global Reach: Operations in 53 countries
Products Include: Genetically engineered cotton, soybean and corn seeds, herbicides, bovine growth hormone, swine genetics
Political Campaign Contributions2 (1990-2006): more than $1.2 million
U.S. Government Connections Include:
• Linda Fisher, Monsanto Vice President and Corporate Officer 1995-2000, was Deputy Administrator of the U.S. Environmental Protection Agency 2001-200348
• Michael Taylor, former lawyer from the law firm King & Spalding that has represented Monsanto and Vice President for Public Policy at Monsanto was an FDA staff lawyer 1976-1981, Deputy Commissioner for Public Policy at FDA 1991-1994, and USDA’s Food Safety and Inspection Service Administrator 1994-1996. While at the FDA, Taylor wrote the guidelines on milk labeling and rBGH, which was the basis of Monsanto’s lawsuit against Oakhurst dairy.
• Monsanto is represented on the U.S. Trade Representative’s Agricultural Policy Advisory Committee and the USTR Agricultural Technical Advisory Committee for Trade’s Subcommittee on Grains, Feed and Oilseeds
www.foodandwaterwatch.org/food/agricultural-policy/us-farmbill/Farm%20Bill%20April%202007.pdf
Cargill is the second largest private corporation in the United States
Political Campaign Contributions (1990-2006): more than $1.5 million39 U.S. Government Connections:
• Dan Amstutz, president of Cargill Investor Services 1972-1978, was the USDA Undersecretary for International Affairs and Commodity Programs 1983-1987 and Chief Agriculture Trade Negotiator for the General Agreement on Tariffs and Trade 1987-1989 in the Office of the U.S. Trade Representative. In 2003, he was appointed to lead U.S. agricultural reconstruction efforts in Iraq.
• Warren Staley, Cargill CEO, was appointed to Bush’s Export Council in 2003.
• Daniel Pearson, Cargill VP for Public Affairs, appointed to the International Trade Commission in 2002.
• Ernest Micek, the president of Cargill 1994-1998, was appointed to President Clinton’s Export Council in 1998.
Cargill is represented on the U.S. Trade Representative’s Agricultural Policy Advisory Committee and the USTR Agricultural Technical Advisory Committee for Trade’s Subcommittees on Animal and Animal Products; Grains , Feeds and Oilseeds; Processed Foods; and Sweeteners and Sweetener Products.
www.foodandwaterwatch.org/food/agricultural-policy/us-farmbill/Farm%20Bill%20April%202007.pdf
Arthur H. Harper, 52, is managing partner of GenNx360 Capital Partners, a private equity firm focused on business to business companies.....Mr. Harper was elected to the Monsanto board in October 2006 and is a member of the Public Policy and Corporate Responsibility Committee and the Science and Technology Committee. He also serves on the board of Gannett Co., Inc .
Monsanto BOD's
Mr. Harper has been elected to a term that expires in 2010.
Monsanto Company to Invest in Technologies for Sugarcane With Acquisitions of CanaVialis and Alellyx
Nov 3, 2008 - BiobasedNews.com
CanaVialis is a private sugarcane breeding company. The company is developing and commercialising proprietary germplasm, or a plant's genetic raw material