tagged w/ substantial equivalence
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If you happened to be walking around Lower Manhattan this morning, you might have noticed the anti-Monsanto chants echoing from Foley Square. In a protesting trifecta, Occupy Wall Street, Occupy Big Food, and Food Democracy Now joined forces to support family farmers as the first phase of their federal court case against food industry giant Monsanto. The crowd of around 200 people included farmers from as far away as Maine as well as local food activists and chefs.
The case against Monsanto (Organic Seed Growers Trade Association et al. v. Monsanto) aims to protect farmers against aggressive lawsuit and crop contamination from Monsanto’s genetically modified seeds. Organic and non-GMO crops can be severely damaged by the introduction of GMO seeds and farmers whose crops have been infiltrated are vulnerable to lawsuits from Monsanto who owns a vast majority of the genetics on commodity crops such as corn, soybeans and cotton.
Farmers’ fear of being sued by the multi-billion dollar company is not unfounded. According to Monsanto, since 1997, it has filed 145 lawsuits against farmers and settled 700 other disputes out of court.
Today in Federal District Court in Manhattan, Judge Naomi Buchwald will hear complaints from farmers and determine whether or not their case against Monsanto will move forward. Protestor and organic farmer Deb Taft of Mobius Fields in Westchester, New York said she was “cautiously optimistic” about the outcome of this morning's hearings.
Many protestors felt it was an accomplishment in itself that the case has made it to Federal District Court. An unnamed protestor and chef at a local private school said he came out to stand with farmers who finally got their day in court. He has been wary of Monsanto since the mid 1980s, when the issues of genetically modified organisms were mostly talk, rather than reality.
While all of the protestors united around their distrust of and frustration with Monsanto, their specific reasons for being there were varied. Some were concerned with the lack of seed choice now that Monsanto has put many local providers out of business while others were concerned with Monsanto’s global presence (Monsanto is currently being sued for biopiracy in India).
Protestors pointed to a long history of infractions on the part of Monsanto, which they demonstrated by creating a human timeline of the company’s history. Monsanto genetically modified its first plant in 1982, but the company’s story goes back to the beginning of the 20th century. John Francis Queeny, a pharmaceutical industry veteran, founded the company in 1901 and in 1902 Monsanto sold its first product to Coca-Cola — saccharin, the artificial sweetener that has been linked to cancer. Protestors this morning also referenced Monsanto's role as one of the companies that manufactured Agent Orange, an herbicide used by the U.S. Army in Vietnam that has been proven to caues severe health damage and birth defects.
But the protestors main focus today was the effect that that GMOs have on biodiversity and farmer livelihood. Andrew Faust, a permaculture teacher and founder of The Center for Bioregional Living in Ellenville, New York, urged consumers to use their buying power to boycott Monsanto products. Currently, advocacy groups working under the slogan “Right to Know” are lobbying for GMO labeling, which is already required in the European Union and China, and which Monsanto is fighting against.
According to a tweet from someone present in the courtroom, the judge will give her ruling on this morning’s hearings, which ended around 11:30 am, by March 31st. Those interested in supporting the farmers' cause can sign Food Democracy Now!’s pledge to support America’s farmers and donate to the Right to Know campaign.
More at the linkIf you happened to be walking around Lower Manhattan this morning, you might have... more
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Did a recent scientific study just change the way we should think about the safety of genetically modified foods? According to Ari Levaux at the Atlantic, the answer is a resounding yes.
The study in question, performed by researchers at China’s Nanjing University and published in the journal Cell Research, found that a form of genetic material — called microRNA — from conventional rice survived the human digestive process and proceeded to affect cholesterol function in humans.
Levaux argues that this new study “reveals a pathway by which genetically modified (GM) foods might influence human health” which should cause us to completely revisit the question of GM crops’ safety. And he’s right to be alarmed, just a little off on the reasoning.
Let’s take a closer look at how this study applies to current GM technology, shall we?
I would argue that several studies have already suggested that existing GM foods might present a health risk. For example, this study in The International Journal of Biological Sciences found evidence that Monsanto’s Bt corn causes organ damage in lab animals. Then there’s this one which showed that GM soybeans can alter mice on the cellular level — an indication that genetically modified material survives digestion and is active in animals that consume it.
Of course, advocates of genetically modified foods will observe that the phenomenon of genetic transfer through consumption applies to all plants and that GM foods are therefore “substantially equivalent” to non-GM foods. As Levaux explains at length, this concept of substantial equivalence has been used by the biotech industry as well as our government to push GM foods through safety testing with minimal scrutiny. What’s Monsanto’s defense of all this? On its website, the company claims:
There is no need to test the safety of DNA introduced into GM crops. DNA (and resulting RNA) is present in almost all foods … DNA is non-toxic and the presence of DNA, in and of itself, presents no hazard … So long as the introduced protein is determined to be safe, food from GM crops determined to be substantially equivalent is not expected to pose any health risks.
So the fact that the Chinese team found active genetic material going from plants to humans isn’t really new and doesn’t really change what we know about how existing genetically engineered crops might affect us.
But what is new — and what Levaux missed — is that the Chinese study happens to involve exactly the kind of genetic matrieral — microRNA — that biotech companies hope to use in their next generation of genetically modified foods.
Today’s GMOs are almost entirely based on adding new genes to crops like corn, soy, and cotton in order to alter the way the plants function. And even then new functions are mostly limited to making plants either able to tolerate herbicides or to produce their own. But if biotechnology companies are successful in their efforts, there may soon be genetically modified foods that use microRNA — simply put, snippets of RNA whose potency were only discovered around a decade ago — to target, and block the function of specific genes in pests.
Thus the news that plant microRNA can survive digestion and affect human systems brings into question the wisdom of pursuing this kind of technology in food.
As explained to me by Doug Gurian-Sherman, senior scientist for the Union of Concerned Scientists and expert in genetically modified foods, microRNA technology is an area that biotech companies are actively pursuing. Monsanto itself has a whole web page devoted to the technology, which they call RNA interference.
Gurian-Sherman notes that the Chinese study — though requiring confirmation and follow-up research — raises “an initial red flag.” It calls into question “any general statement that [microRNA] technology would be inherently safe,” he adds.
He observes that humans and insects share a surprising amount of DNA material — evolution favors reusing and recycling genes even among creatures as different as insects and humans. If this research bears out, then it’s entirely possible that microRNA meant to target a specific insect gene will also have an effect — possibly unpredictable — in humans. This is especially true because, for technology like this to work as a pesticide, the microRNA must be present in high levels in the plant, which makes it even more likely the genetic material will make it all the way into the human gut.
snip
UPDATE: Dr. Michael Hansen, Senior Scientist at Consumers Union wrote to me after this post was published with an important point about the significance of the Chinese study. While he agreed that the main implications relate to the possible risk from microRNA-based GM foods, he also felt that this study did make a new and somewhat startling finding regarding how plant genetic material affects humans. As he put it, the study “showed that the miRNA not only survived digestion [in humans] but also was taken up and moved to other parts of the body where a specific impact was noted. The studies you cited — from Seralini’s lab and Malatesta’s lab — only show that GE crops can have an adverse effect on animals.”
more at the linkDid a recent scientific study just change the way we should think about the safety of... more
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If Oregon allows GM sugar beets to be deregulated, we may not stand a chance against full federal deregulation of all GM crops.
(SALEM, Ore.) - A public hearing is being held in Corvallis, Oregon this Thursday, November 17th to determine if Genetically Modified sugar beets will be deregulated in Oregon.
Meanwhile, the public comment period maybe just a local distraction giving way to full federal deregulation without any representation of organic and conventional crop farmers.
Let us not forget that the U.S House of Representatives, Committee on Agriculture held a formal hearing on Genetically Modified (GM) Alfalfa on Jan 20, 2011.
The hearing corresponded with an open 30-day comment period, designed to provide relevant testimony with regard to deregulation of Genetically Modified Alfalfa.
The democratic process neglected to include a single organic or conventional farming representative. Throughout the two hour hearing various legislators publicly humiliated the Secretary of Agriculture, Tom Vilsak for even suggesting any compromise through talks with the organic and conventional communities. They all but ordered him to stand down his conversations with anyone but pro-GM enthusiasts (1:43:16).
Representatives left no seed unturned in honor of their allegiance to biotech crops and complete penetration into all foreign and domestic markets. In fact, Minnesota's Representative Collin Peterson referred to organic producers and consumers as "our opponents"[1](12:29).
Vilsak, even with his ties to Monsanto, was attempting negotiation with "so called Option 3" containing a minimal stop gap as an alternative to absolute contamination of organic and conventional alfalfa. In essence, planting barriers would have been implemented to maintain protective measures for the integrity of all seed varieties. Legislators blatantly mocked him and even pulled rank, saying that the Secretary of Agriculture does not have the authority to do anything but fully deregulate the crop without further ado. (35:38, 1:25:50, 1:29:15, 2:18:47)
It can be noted that Vilsak testified no less than three times that we were in the midst of the 30 day comment period, and in his opinion, the talks among all sides were providing necessary elements worthy of analysis for all agricultural markets concerned. (29:00, 1:44:00, 1:51:54)
The theme of the hearing centered around the economic burden of GM farmers if full deregulation didn’t go forth immediately (1:44:00). It was insisted by every representative that their loyalties were to the biotech community and that full deregulation was unquestionable without consideration for any form of barrier to protect other crops from cross contamination.
In regard to preservation of non GM crops, Texas Representative Michael Conaway begs the question, "how much of this is a definitional issue"? He questions organic standards and even insists that he "suspects that Genetically Engineered seeds will become the new organic". He blatantly suggests that legislative steps be considered to modify the language and thus re-define organic standards so that Genetically Modified crops can freely contaminate without restriction. He insists that it is merely a marketing issue and not an issue of health and safety. Conaway asks if we are just "hung up on the phrase organic, meaning something we grew ourselves in the backyard with whatever?"(2:33:00).
Concern was expressed by a number of speakers that GM crops are being promoted throughout the world as being no different than conventional crops, and if word got out that we established restrictive planting barriers, then it might be assumed that the GM crops were somehow different. That could put a damper on GM producers and their marketing potential. (30:45, 1:58:17, 2:18:47)
It was apparent, by the end of one sided discussion, that full deregulation and contamination remains unquestionable from the perspective of our democratic leaders. In other words, it is most notably a flagrant case of Contamination without Representation.
If Oregon allows GM sugar beets to be deregulated, we may not stand a chance against full federal deregulation of all GM crops. Public comments are being heard on Thursday from 4 PM – 9 PM at LaSells Stewart Center Construction and Engineering Hall 875 Southwest 26th St., Corvallis, Oregon.
Please see the full length video of the U.S House of Representatives, Committee on Agriculture forum on GM Alfalfa, Jan 20 2011.
http://agriculture.house.gov/hearings/hearingDetails.aspx?NewsID=1269If Oregon allows GM sugar beets to be deregulated, we may not stand a chance against... more
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A fight to maintain consumer choice and farm independence has landed Maine farmer Jim Gerritsen on Utne Reader's list of "25 Visionaries Who Are Changing Your World," published in the November/December edition of the magazine on newsstands now.
Organic seed potato farmer Jim Gerritsen heads a trade association that is suing chemical giant Monsanto. (photo: Charlotte Hedley ) Gerritsen, wife Megan, and their four children run the Wood Prairie Farm in Bridgewater, which produces and sells organic seed potatoes to kitchen gardeners and market farmers in all 50 states. Gerritsen is also president of the Organic Seed Growers and Trade Association, and it was that role that led to the Utne recognition.
The nonprofit organization created a stir in food and farming communities when, with legal backing from the Public Patent Foundation, it filed a lawsuit in March against the chemical and biotechnology giant Monsanto. OSGATA has since been joined in the lawsuit by 82 other seed businesses, trade organizations and family farmers, which together represent more than 270,000 people.
The lawsuit questions the validity of Monsanto's patents on genetically modified seeds, and seeks protection from patent-infringement lawsuits for the plaintiffs should their crops become contaminated with Monsanto's transgenic crops.
"The viewpoint of Monsanto is that (in such a situation) we have their technology, even though we don't want it and it has zero value in the organic market," Gerritsen said. "We think they should keep their pollution on their side of the fence."
Laws prohibit certified organic crops from containing genetically modified ingredients, and Monsanto's patents prohibit farmers from growing its seeds unless purchased from the company. Yet pollen doesn't heed certification or patent laws, and regularly drifts from transgenic crops to contaminate nearby non-genetically altered ones.
To add insult to injury, Monsanto has a reputation for suing or threatening to sue farmers for patent infringement in cases involving its genetically altered seeds, action reported in numerous media outlets as wide ranging as the Columbia Daily Tribune, CBS News and the New York Times.
Despite this well documented legal tactic, Monsanto spokesperson Thomas Helscher stated in an email: "Monsanto has never sued and has publicly committed to not sue farmers over the inadvertent presence of biotechnology traits in their fields. The company does not and will not pursue legal action against a farmer where patented seed or traits are found in that farmer's field as a result of unintentional means."
"Inadvertent" and "unintentional" are the key words here, but for farmers to prove that Monsanto's transgenic seeds are unwanted invaders in a court of law is an expensive and time-consuming endeavor. A 2005 report from the Center for Food Safety, an organic-food and sustainable agriculture advocacy group, contends that Monsanto had at that time filed 90 lawsuits against American farmers. The report also contends that the corporation employed 75 people armed with a budget of $10 million devoted "solely to investigating and prosecuting farmers."
Pre-trial motions are still being filed in the lawsuit brought by OSGATA, with the most recent from Monsanto asking that the lawsuit be dismissed.
Helscher said the motion to dismiss results from the corporation's pledge to not sue farmers "where patented seed or traits are found in that farmer's field as a result of inadvertent means. Accordingly, there is no real controversy between parties and the OSGATA case should be dismissed."
Gerritsen views Monsanto's statements as part of a disinformation campaign designed to prolong the lawsuit.
"What they typically try to do is drag out lawsuits as long as they can, hoping the plaintiffs will run out of funding," Gerritsen said. He is confident OSGATA has the resources necessary to pursue this lawsuit for years, if necessary.
Unlike open pollinated crops such as corn and canola, which have suffered from widespread contamination by genetically modified seeds, potatoes remain relatively safe, Gerritsen said.
Monsanto developed multiple strains of transgenic potatoes in the 1990s under the name New Leaf. However, when major food companies such as McCain, which operates a french fry processing plant in Easton, and McDonald's rejected genetically-modified potatoes, Monsanto was forced to pull its transgenic strains off the market.
Gerritsen said the lawsuit will also seek to clarify what he sees as Monsanto's contradictory stance on its genetically modified seeds.
When arguing against labeling of transgenic food, Monsanto and other biotech companies claim that genetically modified seeds are substantially equivalent to traditional seeds. However, when seeking patents, the same companies claim the insertion of foreign genes creates unique seeds deserving of patent protection.
"Which is it?" Gerritsen asked. "It's one or other, but it can't be both. Is it the same? Or is it different?"
All genetically modified seeds are designed to do something different from the original seed. This can mean the modified seed will produce increased quantities of a particular substance inherent to the plant, manufacture chemicals foreign to the original plant, or withstand heavy applications of herbicides and pesticides manufactured by the same corporation seeking the seed patent.
snip
Citing the revolving door between corporations (including Monsanto) and the government agencies which purport to regulate them, Gerritsen said, "we basically have a dysfunctional government. The Occupy Wall Street concept is to try to give power back to the people."
In the same vein, the lawsuit against Monsanto seeks to restore the power of citizens and farmers to choose food free from genetically modified organisms.A fight to maintain consumer choice and farm independence has landed Maine farmer Jim... more
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Today in the United States, by the simple act of feeding ourselves, we unwittingly participate in the largest experiment ever conducted on human beings. Massive agro-chemical companies like Monsanto (Agent Orange) and Dow (Napalm) are feeding us genetically-modified food, GMO's, that have never been fully tested and aren't labeled. This small handful of corporations are tightening their grip on the world's food supply—buying, modifying, and patenting seeds to ensure total control over everything we eat.
The GMO Film Project (Untitled) tells the story of a father's discovery of GMO's through the symbolic act of poor Haitian farmers burning seeds in defiance of Monsanto's gift of 475 tons of hybrid corn and vegetable seeds to Haiti shortly after the devastating earthquake. After a journey to Haiti to learn why hungry farmers would burn seeds, the real awakening of what has happened to our food, what we are feeding our families, and what is at stake for the global food supply unfolds in a trip across the United States in search of answers.
Are we at a tipping point? Is it time to take back our food? The encroaching darkness of unknown health and environmental risks, seed take over, chemical toxins, and food monopoly meets with the light of a growing resistance of organic farmers, concerned citizens, and a burgeoning movement to take back what we have lost.
We still have time to heal the planet, feed the world, and live sustainably. But we have to start now.
A film by Compeller Pictures
gmofilm.com
Directed by Jeremy Seifert
Produced by Joshua Kunau
Co-Producer, Elizabeth Kucinich
Associate Producer, Timothy Vatterott
Cinematographer, Rod HasslerToday in the United States, by the simple act of feeding ourselves, we unwittingly... more
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This year, we are eating from the first harvest of Monsanto’s eight-trait “SmartStax” genetically modified (GM) corn. Approved in 2009 and grown for the first time in North America last year, the new GM corn appears as processed food ingredients and feed for dairy and meat animals.
Canada’s approval of SmartStax corn exposed just how little Health Canada cares to investigate the potential risks of GM crops and foods – in the case of SmartStax, not at all. Now the process to approve SmartStax in Europe has identified many of the risk issues being ignored on both sides of the ocean. Confidential industry summaries of data as well as critiques by European experts show more studies must be done to determine any potential health and environmental risks.
No risk assessment in Canada
In July 2009, Monsanto and Dow AgroSciences announced they had received approval in Canada and the US to introduce their new eight-trait GM corn SmartStax (it combines technologies from both companies). However, Health Canada did not actually assess SmartStax for human health safety. Because the individual eight GM traits were previously approved in separate crops, Canadian regulators decided there was nothing new in combining the eight together. Health Canada assumed the corn was a harmless amalgam of GM traits and did not even issue any paperwork to rubberstamp its approval.
In September 2010, the GMO Panel of the European Food Safety Authority (EFSA) concluded SmartStax “is unlikely to have adverse effects on human and animal health and the environment, in the context of its intended uses.” Unlike in Canada, the European Authority actually looked at some industry documents (summarizes of studies). The German non-governmental group Testbiotech published a report in June that examined these documents as well as critiques from regulators in European countries. Its report points to many safety questions still not being addressed in Europe – questions Health Canada should have asked but never did (Testbiotech, June 2011, “How industry and EFSA have been systematically undermining the risk assessment of ‘SmartStax” www.testbiotech.de/node/515)
More GM traits, more risks?
SmartStax corn is the first GM crop that has more than three GM traits “stacked” together. SmartStax produces six different insecticidal toxins (Bt toxins) and is tolerant to two herbicides. SmartStax is also known as MON 89034 x 1507 x MON 88017 x 59122, which represents the four GM events or parental lines bred together to make SmartStax. The possible implications of such complexity were entirely overlooked by Health Canada.
Canadian regulation is essentially based on the view that moving genes around is not inherently risky. Instead of examining the process of genetic engineering, Canada evaluates the end product using, in part, the widely discredited concept of “substantial equivalence.” Substantial equivalence allows for a comparison of a GM organism with its “equivalent” already out in the environment with a “history of safe use.” Health Canada’s approval of SmartStax is an extreme application of substantial equivalence. The European Food Safety Authority chose a similar approach. As Christoph Then of Testbiotech explains, “EFSA based its approval of SmartStax to a large extent on data derived from the parental plants. But this approach is highly complicated since SmartStax has many insecticidal toxins, thus more interactions can to be expected. These interactions remain unstudied.” (June 28, 2011, CBAN press release: “Report Exposes Unstudied Risks of Monsanto’s Genetically Modified “SmartStax” Corn: EU Member State Critiques and Leaked Industry Documents Uncover Safety Questions.”)
While insect resistant crops are engineered using genes from the naturally occurring soil bacteria Bacillus thuringiensis (Bt), the risks posed by Bt toxins cannot be assessed by comparing them with the Bt toxins that occur naturally. As the Austrian Federal Ministry of Health states, “concerning all Bt toxins, a history of safe use cannot be argued on the basis of the safety of Bt sprays applied in organic farming. The inserted genes are truncated and arranged with expression modulating DNA parts originating from different organisms and permanently expressed compared to a tight timely Bt spraying schedule.”
Additionally, the Bt toxin Cry1A.105 in SmartStax was artificially synthesized and as stated by Austria, “There is no safe use of the new recombinant protein expressed by an artificially arranged insert such as Cry1A.105.”
In their comments on the EFSA SmartStax decision, regulators from Austria summarized: “A stacked organism has to be regarded as a new event, even if no new modifications are introduced.” This view is consistent with EU regulations and with United Nations Codex guidelines that Canada helped negotiate. Austrian experts take this view because “The gene-cassette combination is new and only minor conclusions could be drawn from the assessment of the parental lines, since unexpected effects (e.g. synergistic effects of the newly introduced proteins) cannot automatically be excluded.”
More at the link.This year, we are eating from the first harvest of Monsanto’s eight-trait... more
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NOTE: Profile of the organisation running the controversial GM wheat trial in Australia.
EXTRACT: "Yes, we do find that it is often the best strategy to get into bed with these companies [MNCs]." - CSIRO's former chief executive
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http://www.powerbase.info/index.php/Commonwealth_Scientific_and_Industrial_Research_Organisation
The Commonwealth Scientific and Industrial Research Organisation (CSIRO) is promoted as Australia's pre-eminent public scientific research body. Although ostensibly 'publicly funded' CSIRO has, in reality, been encouraged to get 30% of its funding from business with the CSIRO top management encouraging its staff to go to 40%. As a point of comparison, only about 10% of the funding of Europe's leading plant biotech institute, the John Innes Centre, is thought to come directly from industry although the JIC is considered highly industrially aligned.
According to John Stocker, CSIRO's former chief executive, 'Working with the transnationals makes a lot of sense, in the context of market access. There are very few Australian companies that have developed market access in the United States, in Europe and in Japan, the world's major marketplaces. Yes, we do find that it is often the best strategy to get into bed with these companies.' (Australian Broadcasting Commission, 1992).
Richard Hindmarsh in an article in the Journal of Australian Political Economy (No 44.), 'Consolidating Control: Plant Variety Rights, Genes and Seeds', describes CSIRO as having a long history of involvement with intensive agricultural R&D and collaboration with agribusiness multinationals, and as having become increasingly dependent upon industry funding. The effect of this is 'to generate convergence between private sector and public sector plant breeding operators.' Hindmarsh notes, 'The CSIRO, in keeping with its position of being at the forefront of scientific research, prioritised genetic engineering research in 1979. CSIRO scientists have since been very active in the promotion of GE to the Australian community, and especially to other scientists (Hindmarsh, 1996). In addition, multinational companies are seen as the key avenue to the international commercialisation of biotechnology products and research of both Australian public sector institutions and biotechnology firms.'
Hindmarsh also notes, '...the indications are that a Byzantine web of formal contractual obligations and informal connections has emerged between the CSIRO and other public-sector agencies..., universities, small or new biotechnology firms (NBFs), and multinational corporations.'
The corporations listed by Hindmarsh as having direct financial connections with CSIRO include: Agrigenetics, Monsanto, Rhone Poulenc and AgrEvo (later part of Aventis and then Bayer). A collaboration between the CSIRO and Monsanto generated Australia's first major GM commercial crop. On the day of the announcement of the commercial approval for Bayer's GM canola (oilseed rape) in Australia, CSIRO announced that Bayer would be extending its lucrative investment in CSIRO 'to develop modern biotechnology tools applicable to cotton and other crops'. The press release said, ' For Bayer CropScience, the alliance with CSIRO is regarded as a model for global cooperation.'
For some it is a model of everything that's wrong in the relationship between public science and private interests. An article in the journal Australasian Science written by a former CSIRO senior executive accused the head of CSIRO of subverting the CSIRO's traditional role of public research in favour of lucrative consulting work for government and the private sector. Research into GM crops, with its promise of intellectual property and revenue streams, is 'in' at the CSIRO, he reportd; research into organic farming is 'out'. He described morale among staff as at rock bottom.NOTE: Profile of the organisation running the controversial GM wheat trial in... more
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NEW YORK - New threats by Monsanto have led to the filing of an amended complaint [link] by the Public Patent Foundation (PUBPAT) in its suit on behalf of family farmers, seed businesses, and organic agricultural organizations challenging Monsanto's patents on genetically modified seed. Twenty-three new plaintiffs have joined with the original 60 in the amended complaint, bringing the total number represented in the case to 83. The plaintiffs in the suit, titled Organic Seed Growers and Trade Association (OSGATA), et al. v. Monsanto and pending in the Southern District of New York, now include 36 family farmer, food, agricultural research, food safety, and environmental organizations representing hundreds of thousands of members including several thousand certified organic, biodynamic, or otherwise non-transgenic family farmers.
"Our clients don't want a fight with Monsanto, they just want to be protected from the threat they will be contaminated by Monsanto's genetically modified seed and then be accused of patent infringement," said PUBPAT Executive Director Daniel B. Ravicher. "We asked Monsanto to give our clients reassurance they wouldn't do such a thing, and in responsethey chose instead to reiterate the same implicit threat to organic agriculture made in the past."
Soon after the March filing of the lawsuit, Monsanto issued a statement saying they would not assert their patents against farmers who suffer "trace" amounts of transgenic contamination. In response, and in the hope the matter could be resolved out of court, PUBPAT attorneys wrote Monsanto's attorneys asking the company to make its promise legally binding. Monsanto responded to PUBPAT's request by hiring former solicitor general, Seth P. Waxman, a partner in the Washington, D.C. office of WilmerHale, who rejected PUBPAT's request and instead confirmed Monsanto may indeed make claims of patent infringement against organic farmers who become contaminated by Monsanto's genetically modified seed. Copies of both letters are available as exhibits at the end of the amended complaint.
"Monsanto's letter was an empty, indefensible, and self-evident evasion showing theyare only interested in spinning propaganda without taking serious steps to resolve the problem created for organic and non-transgenic agriculture," said one of the co-plaintiffs in the suit, Don Patterson of Virginia. "With the Monsanto letter signed by Waxman, the company rolled out their biggest legal cannon, but they fired off only fluffy wadding and smoke," as he views it. "The letter shows Monsanto wanting to protect their freedom to threaten farmers with patent infringement suits," he states; "Both the threats and the lawsuits are clearly important to their marketing strategy and business model."
"Despite their empty propaganda to the contrary, they plainly do not want to give up these tactics," Patterson asserts. "Monsanto has collected multiple millions of dollars in settlements often from family farmers without the resources to defend themselves," he reports; "Too many have had to settle because they could not afford to fight."
"The serious issues being engaged in this case require a constructive and socially-acceptable response from the defendant in the public interest," adds Maine farmer Jim Gerritsen, President of OSGATA, the lead plaintiff in the suit. "In the absence of that, we reassert the essential importance of the arguments stated in March and reinforced now by the additional evidence of the Monsanto intransigence. Monsanto's utter failure to act reasonably to address our concerns has only reaffirmed the need for our lawsuit."
"We don't think we are asking too much to want assurance that if Monsanto's transgenic genes contaminate our crops we will not be sued by Monsanto," adds Iowa organic dairy farmer Francis Thicke, owner of plaintiff Radiance Dairy; "It is bad enough that we face the threat of contamination of our organic and non-transgenic crops. The least Monsanto can do is give us assurance that they won't sue us for their own genetic trespass."
The amended Complaint elaborates a fear tangibly vexing many family farmers: "Monsanto continued in the statement to perversely characterize this suit as an 'attack,' when Plaintiffs seek no money from and no injunction against them. All Plaintiffs seek is peace of mind if they are ever contaminated by Monsanto's transgenic seed, the company could never sue them for patent infringement. This is not an attack by the Plaintiffs and to characterize it that way only further evidences Monsanto's aggressive and threatening attitude with respect to its patents. Thus, the statement made by Monsanto in response to this suit has only served to heighten Plaintiff's fear that Monsanto will seek to enforce its patents against them should they ever be contaminated by Monsanto's transgenic seed."
"It is outrageous that our entire farm, family business, and livelihood could be at risk because of Monsanto's backward and oppressive response and enforcement towards farmers in regards to transgenic pollen drift, unasked for and unwanted-and the subsequent results in fields and farms," says Ruth Chantry of Common Good Farm in Nebraska; "Any transgenic pollen drift that would ever come onto our farm is of great detriment to us, and as such, it is an invasion upon and a contamination of our crops, the multi-species habitat we are assisting and creating here-and to the integrity of how we are farming organically & Biodynamically." - The request for court protection through a declaratory judgment is a primary objective of the case. The suit also argues the invalidity of Monsanto's transgenic Roundup Ready patents under both statute and case law precedent requiring patented products to demonstrate clear social utility and not be dangerous to health.
cont.NEW YORK - New threats by Monsanto have led to the filing of an amended complaint... more
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Welcome to the GMO Report (formerly known as the Monsanto Roundup.) With these videos I hope to bring you information about GMO seeds and agriculture that you need to know to take action to protect your food, environment and health.
In this video I talk about Amazon deforestation for GM soy, activism against GM potatoes, global resistance, Glyphosate effects in the US, Monsanto's appeal gets dismissed, and their market decline.
Thanks for the support here, and always treasure the seed, the root of all life.Welcome to the GMO Report (formerly known as the Monsanto Roundup.) With these videos... more
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Substantial equivalence. When looking at these two words many come away with the impression that they signify fairness, safety and adequate disclosure to consumers regarding the products those words are attached to. However, regarding the marketing of transgenic foods specifically genetically modified organisms in our food that is anything but the case. I think it is crucial that consumers are aware of what is in their food and how it may affect them and their children in order for them to be able to make informed decisions about what goes into their bodies. This knowledge is essential as a preventative measure to maintaining health and also regarding informing consumers about any other effects what they buy may have on the enviroment. Therefore, in discussing substantial equivalence in regards to GMOs and the underlayer of collusion involved in pushing them into the world I think it important to begin at the beginning.
This is the standard definition of "substantial equivalence":
"Substantial equivalence is a concept developed by OECD in 1991 that maintains that a novel food should be considered the same as a conventional food if it demonstrates the same characteristics and composition as the conventional food."
This concept was pushed in regards to GMOs by the FAO and the WHO in the early 1990s. Its intent was the stripping away of years of testing of so called "novel" foods which can be prohibitively expensive and time consuming and therefore would have affected the profits of companies like Monsanto that have a virtual stranglehold on the FDA, USDA, and other regulatory agencies and governments that have afforded them special treatment in allowing them to use this planet and its species as one huge science experiment. The residual effects of applying these two words to GMOs and in allowing them to be foisted upon the world with little to no adequate testing already negates the validity of applying the substantial equivalence label to them.
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This is from a paper written in 1997:
John Fagan, Ph.D., Professor of Molecular Biology, Maharishi University of Management
"The concept of substantial equivalence has been used in Europe, North America, and elsewhere around the world as the basis of regulations designed to facilitate the rapid commercialization of genetically engineered foods. For instance, European Commission (EC) regulations concerning novel foods and food ingredients apply the concept of substantial equivalence to both the safety testing and to the labeling of genetically engineered foods. Genetically engineered foods classified as substantially equivalent are spared from extensive safety testing on the assumption that they are no more dangerous than the corresponding non-genetically engineered food (1). Using similar arguments, genetically engineered foods classified as substantially equivalent are not required to be labeled as genetically engineered (2). The effect of these regulations has been to allow genetically engineered foods to enter the market place without sufficient testing to assure safety and without sufficient labeling to allow consumers to de cide for themselves whether or not to purchase and eat these novel foods. The health of the population of Europe is thus being placed at risk.
The fundamental inadequacies of this approach have been discussed previously. For instance, one article presented in the Proceedings of the Organization for Economic Cooperation and Development (OECD) Workshop on Food Safety Evaluation (3), came to the following conclusions: (1) Because the concept of substantial equivalence has no dimensions, it cannot be used as a predictor of which novel foods will require substantial safety testing in animals. (2) Depending on the nature of the novel food, the usefulness of the concept of substantial equivalence in determining the necessity for extensive safety testing ranges from useful to negligible. (3) The number and range of safety tests required is best determined, not by the concept of substantial equivalence, but by the nature of the product under consideration.
At first glance the term substantially equivalent implies that two foods are equivalent in all characteristics that are of importance to the consumer-safety, nutrition, flavor, and texture. However, in actual practice the investigator compares only selected characteristics of the genetically engineered food to those of its non-genetically engineered counterpart. If that relatively restricted set of characteristics is not found to be significantly different in these two, the genetically engineered food is classified as substantially equivalent to the corresponding non-genetically engineered food and is required to be neither tested further nor labeled as genetically engineered.
The argument supporting this practice is that since most of the characteristics of a particular genetically engineered food are similar to those of its non-genetically engineered counterpart, it must be the case that the genetically engineered food is substantially equivalent to its non-genetically engineered counterpart with respect to all characteristics relevant to the consumer. This is obviously a fallacious argument, and should not be used as the basis for avoiding more extensive testing and for avoiding the labeling of genetically engineered foods. Most critically, if characteristics important to food safety are not evaluated directly, the safety of consumers will be in jeopardy."
end of excerpt.
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continued at the link.
Thank you for supporting this blog and for helping me get out this important information.Substantial equivalence. When looking at these two words many come away with the... more
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I have read some outrageous lame excuses, but this takes the cake. Labelling GMOs to tell consumers what they have the right to know to protect their health would violate the free speech "rights" of the corporations putting these organisms in our food without our consent. Corporations are not people!
BTW, Forbes is the same magazine that named Monsanto their company of the year a couple years ago.
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Excerpt from article:
"Put aside the outrageousness of granting corporations individual rights. The Supreme Court has sadly supported that principle time and time again. What really stood out was the precedent Lammi cited: IDFA v. Amestoy -- a 1996 case which struck down a Vermont law requiring mandatory labeling of milk treated with artificial growth hormones, aka rBST.
Talk about picking a losing argument! rBST is just as controversial (even more so in the public's eyes) as GMOs. Further, rBST milk has utterly failed with consumers -- despite the best efforts of industrial producers and Monsanto, the original marketer of rBST -- 60 percent of milk is produced without it (and much of the milk that is, is processed into cheese and ice cream). Even a recent last ditch multi-state attempt by Monsanto to force Americans to drink treated milk by banning rBST labels failed. And in the course of that failure, a federal appeals court effectively undercut the very precedent Lammi cites. In doing so, the court may have offered a legal roadmap for GMO labels.
As I covered in detail at the time, the Sixth Circuit Court of Appeals ruled last October that rBST milk is indeed substantially different -- in fact, unhealthier -- than untreated milk, despite FDA assertions that there is no "compositional difference" between treated and untreated milk. It follows then that there is no free speech issue since consumers have a right to know about compositional differences between products.
While this does not speak directly to corporate free speech rights, it does show that the courts will step in when it perceives corporations or the government to be ignoring scientific evidence indicating risk. The current circle of love between biotech and the federal government is predicated on both of them rejecting any science that contradicts their vision of a genetically engineered (or hormonally treated) future. Thankfully, the courts refuse to drink that particular Kool-Aid -- as we already know from the recent court battles over GMO alfalfa and sugar beets where the courts recognized scientific research that the FDA does not.
In reality, the labeling of genetically engineered food is a no-brainer. 87 percent of Americans want it. Europe has it -- and the world has not ended. The fact that the best the pro-GMO set can muster are warmed over half-truths and outdated court cases should be a powerful indicator that these guys, though with all the power on their side, are simply on the wrong side of history. And perhaps, with writers like Mark Bittman introducing these issues to millions of people, we'll start to see even that power shift."I have read some outrageous lame excuses, but this takes the cake. Labelling GMOs to... more
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New rules aimed at exacting compensation from businesses or organizations that allow internationally traded genetically modified crops to spread into the wild were adopted at a U.N. meeting in Nagoya on Friday.
The treaty, which will allow governments in importing countries to pursue those responsible if crops dropped during transportation damage local ecosystems, was adopted amid growing evidence that the existing system for regulating the global spread of genetically modified crops is failing.
Discussions at the Nagoya meeting last week revealed that only 89 of the 158 countries that signed the Cartagena Protocol of 2000 had reported on how they ensured the safety of imported crops. The Cartagena Protocol was a set of international rules intended to improve monitoring in importing nations of genetically modified organisms.
Most of the countries that have failed to report are developing nations, and many are in Africa. Forty-seven countries have not enacted laws based on the protocol.
Developing countries at the Nagoya meeting called for greater support from developed nations in writing legislation and training personnel to do monitoring.
The treaty agreed on Friday is called the Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety.
It lays down rules and procedures on how to respond to damage caused to ecosystems by genetically modified organisms.
If seeds dropped during transportation grow in the wild and damage the local environment, that country's government can specify the party responsible and seek compensation and remedy. If the responsible party fails to take action, relevant administrative bodies will be obliged to do so themselves.
In Japan, a major importer of genetically altered crops, genetically modified organisms have already spread into the wild.
A farm ministry survey at importing ports in 10 prefectures between 2006 and 2008 found genetically modified rapeseed growing in the neighborhoods of eight ports.
The ministry said no evidence of crossbreeding with local plants had been found, but a citizens group in Aichi Prefecture reported that its research, conducted between 2005 and 2009, had found such cases.
Japan screens crossbreeding and other risks under domestic laws based on the Cartagena Protocol. The government has approved 145 genetically modified crops for use in the nation's food or feed supply as of July, including soybeans and varieties of corn.
While commercial production of genetically modified crops is not banned outright in Japan, cultivation is at present limited to research.
The farm ministry said it planned to increase research into crops' impact on ecosystems.
Meanwhile, scientists at the meeting in Nagoya said regulation of genetically modified fish and trees was now becoming an urgent issue. A Canadian company is currently aiming at commercial marketing of quick growing, genetically modified salmon.New rules aimed at exacting compensation from businesses or organizations that allow... more
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Brazil, Rio de Janeiro - At Bayer's request, the company's application for commercial release of its Liberty Link rice (LL62), genetically modified for tolerance to glufosinate ammonium herbicide, has been temporarily dropped. In a communiqué to the CTNBio (National Technical Biosafety Commission, the official body responsible for approving GMOs in Brazil) Bayer claimed that it needed more time to reach an agreement with leading rice producers, who are opposed to the product’s release.
Bayer had already lobbied for release of the product last year, but a public hearing held at the order of the Brazilian courts clearly showed that main sectors linked to rice research and production were against its approval.
At this hearing the representative for Embrapa Rice and Beans (the largest public research centre in the area) set out its official position, ‘authorized by the presidency,’ emphasizing that the company is not opposed to transgenics, but that in this case Bayer’s product "will worsen pre-existing problems.” He added: "We shouldn’t use technologies that will only work for a few crop seasons."
The principal technical hurdle faced by rice growers is controlling red rice, an ancestral species of commercial rice that competes with the crops. Their worry is that the transgenic plant will inevitably cross with its red relative, producing herbicide-resistant transgenic red rice. The latter can germinate after years lying dormant in the soil. According to the researcher, "contamination is irreversible."
Other researchers point to failures in the studies presented by Bayer to prove the rice’s safety, including the possible deletion of a nucleotide (adenine) in the gene section regulating the protein expression that provides tolerance to the herbicide. After the hearing, the company admitted the existence of the deletion, identifying an alteration to one of the protein’s amino acids. This alteration means that the protein produced by LL rice differs from the protein produced naturally by the Streptomyces bacteria, the gene donor. Since no study was presented relating to this issue, no information exists on the effects of this unintentional genetic alteration. The protein has not lost its function of providing tolerance to the glufosinate ammonium herbicide, but it may generate unanalyzed risks.
During the same public hearing, representatives of Brazil's main rice producers also voiced their concerns. They fear losing ground in both domestic and international markets if the variety is commercially released. “Given that there is no consumer demand or global market for GM rice, our organization is not in favour of release at this time,” announced the representative of Farsul (Rio Grande do Sul Agricultural Federation), Federarroz (Rio Grande do Sul Rice Growers Associations) and IRGA (Rio Grande do Sul Rice Institute).
Faced by this overwhelming rejection, in 2009 CTNBio opted to suspend debate on the release of Bayer’s rice temporarily. Its strategy was to wait for the dust to settle and return at a more opportune moment.
When the new president of CTNBio came to office in 2010, he told the press that the objectives for his mandate included the release of GM rice. Various actions were taken to achieve this goal, including the staging of a pseudo-debate at CTNBio to which researchers favourable to the product were invited. The ploy was designed to symbolically annul the positions advanced during the 2009 public hearing. In addition, voting on approval was timetabled for mid June this year when everyone's attention would be focused on the World Cup.
Fortunately those opposed to release were ready. The main rice producer organizations combined forces once again to block any approval. After a meeting with sector representatives in Rio Grande do Sul, the state where most of the country’s rice production is concentrated, leaders went to Brasília to hold talks with various authorities, including the Agriculture Minister Wagner Rossi.
Organizations linked to the Campaign for a GM-Free Brazil also released a document highlighting the problems with LL rice, signed by 35 civil society organizations and networks.Brazil, Rio de Janeiro - At Bayer's request, the company's application for... more
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In North America [as elsewhere] GM crops have been evaluated for safety based on superstition and the use of the magic words 'substantial equivalence'. The paper below shows how the numerous real differences between GM and conventional crops can be evaluated scientifically.
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2.Unintended Compositional Changes in Transgenic Rice Seeds (Oryza sativa L.) Studied by Spectral and Chromatographic Analysis Coupled with Chemometrics Methods
Zhe Jiao†, Xiao-xi Si†, Gong-ke Li*†, Zhuo-min Zhang† and Xin-ping Xu§
† School of Chemistry and Chemical Engineering, Sun Yat-Sen University, Guangzhou, Guangdong 510275, China
§ Biotechnology Research Center, Key Laboratory of Gene Engineering of the Ministry of Education, Sun Yat-Sen University, Guangzhou, Guangdong 510275, China
J. Agric. Food Chem., 2010, 58 (3), pp 1746–1754 DOI: 10.1021/jf902676y
Abstract
Unintended compositional changes in transgenic rice seeds were studied by near-infrared reflectance, GC-MS, HPLC, and ICP-AES coupled with chemometrics strategies. Three kinds of transgenic rice with resistance to fungal diseases or insect pests were comparatively studied with the nontransgenic counterparts in terms of key nutrients such as protein, amino acids, fatty acids, vitamins, elements, and antinutrient phytic acid recommended by the Organization for Economic Co-operation and Development (OECD). The compositional profiles were discriminated by chemometrics methods, and the discriminatory compounds were protein, three amino acids, two fatty acids, two vitamins, and several elements. Significance of differences for these compounds was proved by analysis of variance, and the variation extent ranged from 20 to 74% for amino acids, from 19 to 38% for fatty acids, from 25 to 57% for vitamins, from 20 to 50% for elements, and 25% for protein, whereas phytic acid content did not change significantly. The unintended compositional alterations as well as unintended change of physical characteristic in transgenic rice compared with nontransgenic rice might be related to the genetic transformation, the effect of which needs to be elucidated by additional studies.
more in the comments.In North America [as elsewhere] GM crops have been evaluated for safety based on... more
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'Controlling Our Food'
On March 11 a new documentary was aired on French television - a documentary that Americans won’t ever see. The gigantic bio-tech corporation Monsanto is threatening to destroy the agricultural biodiversity which has served mankind for thousands of years'Controlling Our Food'
On March 11 a new documentary was aired on French... more
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Avarice and greed in the name of exploiting a food crisis brought on not by food shortages, but high prices of oil and feed and political corruption propagated by the very governments and agencies like the World Bank that are now pushing GM foods that are untested. Notice a pattern here?
From the article:
Arguments about genetic modification, often wrongly characterised as science versus irrational nature-worshippers, have lost none of their passion. On one side are those who yearn for simple, high-tech solutions to complex problems. Against GM, there are ecological realities and scientific evidence. There is overwhelming evidence that farming took a wrong turn after the last war, with widespread use of artificial nitrogen fertilisers and sprays.
In Britain, we lost up to 95 per cent of our ancient woodlands, flower meadows, hedges and wildlife and saw massive losses of farms and farm workers' jobs. Farming became more oil-dependent. Our food lost vitamins, taste and diversity and our diet became unhealthy.
As the environmental and human cost of industrial farming became harder to deny, along came a new miracle cure ; genetic engineering. Twenty years ago, GM promised unbelievable wonders ; fruit that would never freeze, crops needing no fertiliser or sprays and food with vitamins and medicines engineered in. All food would soon be GM. Geneticists would engineer anything we wanted, taking a gene from a fish here, a pig there, adding a bacteria gene and maybe a bit of a virus.
The greatest coup by the GM companies, and their greatest scientific fraud, was to ensure no GM food had to be tested for safety. In America, they established the concept of "substantial equivalence" which means that if a GM crop looks like its non-GM equivalent and grows like it, then it is it no safety testing is needed before people eat it. GM maize could have added virus and antibiotic resistance genes, and a gene that makes it express an insecticide in every leaf, stem and root but to the US government it looks and grows like maize, so it is safe to eat.
GM crops face mounting scientific evidence of uncertainty, risk and danger. But now, because of rising food prices, the GM industry's claim that GM is needed to feed the world is suddenly newsworthy again. However, a key reason for soaring food prices higher oil costs leading to higher fertiliser prices also presents a massive threat to GM crops. All current and planned GM crops depend on artificial, oil-based fertiliser to grow, and all need to be treated with pesticides to survive.
In 2006, the pro-GM US Department of Agriculture observed that "currently available GM crops do not increase yield potential" a point already made by a 2004 UN Food and Agriculture Organisation report which acknowledged that "GM crops can have reduced yields". The recently published UN IAASTD report, the work of more than 400 international scientists, about the future of global food production under the challenges of climate change and population pressure, concluded that GM crops do not have much to offer.
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GM foods: 'un'natural selection.
Avarice and greed in the name of exploiting a food crisis brought on not by food... more
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