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posted on April 03, 2008

Monsanto’s Harvest of Fear

Monsanto already dominates America ’s food chain with its genetically modified seeds. Now it has targeted milk production. Just as frightening as the corporation’s tactics–ruthless legal battles against small farmers–is its decades-long history of toxic contamination.

By: Donald L. Barlett and James B. Steele
Published: April 2008
Source: Vanity Fair


No thanks: An anti-Monsanto crop circle made by farmers
and volunteers in the Philippines
By Melvyn Calderon/Greenpeace HO/A.P. Images.

Gary Rinehart clearly remembers the summer day in 2002 when the stranger walked in and issued his threat. Rinehart was behind the counter of the Square Deal, his “old-time country store,” as he calls it, on the fading town square of Eagleville , Missouri , a tiny farm community 100 miles north of Kansas City .

The Square Deal is a fixture in Eagleville, a place where farmers and townspeople can go for lightbulbs, greeting cards, hunting gear, ice cream, aspirin, and dozens of other small items without having to drive to a big-box store in Bethany , the county seat, 15 miles down Interstate 35.

Everyone knows Rinehart, who was born and raised in the area and runs one of Eagleville’s few surviving businesses. The stranger came up to the counter and asked for him by name.

“Well, that’s me,” said Rinehart. As Rinehart would recall, the man began verbally attacking him, saying he had proof that Rinehart had planted Monsanto’s genetically modified (G.M.) soybeans in violation of the company’s patent. Better come clean and settle with Monsanto, Rinehart says the man told him—or face the consequences.

Rinehart was incredulous, listening to the words as puzzled customers and employees looked on. Like many others in rural America , Rinehart knew of Monsanto’s fierce reputation for enforcing its patents and suing anyone who allegedly violated them. But Rinehart wasn’t a farmer. He wasn’t a seed dealer. He hadn’t planted any seeds or sold any seeds. He owned a small—a really small—country store in a town of 350 people. He was angry that somebody could just barge into the store and embarrass him in front of everyone. “It made me and my business look bad,” he says. Rinehart says he told the intruder, “You got the wrong guy.”

When the stranger persisted, Rinehart showed him the door. On the way out the man kept making threats. Rinehart says he can’t remember the exact words, but they were to the effect of: “Monsanto is big. You can’t win. We will get you. You will pay.”

Scenes like this are playing out in many parts of rural America these days as Monsanto goes after farmers, farmers’ co-ops, seed dealers—anyone it suspects may have infringed its patents of genetically modified seeds. As interviews and reams of court documents reveal, Monsanto relies on a shadowy army of private investigators and agents in the American heartland to strike fear into farm country. They fan out into fields and farm towns, where they secretly videotape and photograph farmers, store owners, and co-ops; infiltrate community meetings; and gather information from informants about farming activities. Farmers say that some Monsanto agents pretend to be surveyors. Others confront farmers on their land and try to pressure them to sign papers giving Monsanto access to their private records. Farmers call them the “seed police” and use words such as “Gestapo” and “Mafia” to describe their tactics.

When asked about these practices, Monsanto declined to comment specifically, other than to say that the company is simply protecting its patents. “Monsanto spends more than $2 million a day in research to identify, test, develop and bring to market innovative new seeds and technologies that benefit farmers,” Monsanto spokesman Darren Wallis wrote in an e-mailed letter to Vanity Fair. “One tool in protecting this investment is patenting our discoveries and, if necessary, legally defending those patents against those who might choose to infringe upon them.” Wallis said that, while the vast majority of farmers and seed dealers follow the licensing agreements, “a tiny fraction” do not, and that Monsanto is obligated to those who do abide by its rules to enforce its patent rights on those who “reap the benefits of the technology without paying for its use.” He said only a small number of cases ever go to trial.

Some compare Monsanto’s hard-line approach to Microsoft’s zealous efforts to protect its software from pirates. At least with Microsoft the buyer of a program can use it over and over again. But farmers who buy Monsanto’s seeds can’t even do that. The Control of Nature

For centuries—millennia—farmers have saved seeds from season to season: they planted in the spring, harvested in the fall, then reclaimed and cleaned the seeds over the winter for re-planting the next spring. Monsanto has turned this ancient practice on its head.

Monsanto developed G.M. seeds that would resist its own herbicide, Roundup, offering farmers a convenient way to spray fields with weed killer without affecting crops. Monsanto then patented the seeds. For nearly all of its history the United States Patent and Trademark Office had refused to grant patents on seeds, viewing them as life-forms with too many variables to be patented. “It’s not like describing a widget,” says Joseph Mendelson III, the legal director of the Center for Food Safety, which has tracked Monsanto’s activities in rural America for years.

Indeed not. But in 1980 the U.S. Supreme Court, in a five-to-four decision, turned seeds into widgets, laying the groundwork for a handful of corporations to begin taking control of the world’s food supply. In its decision, the court extended patent law to cover “a live human-made microorganism.” In this case, the organism wasn’t even a seed. Rather, it was a Pseudomonas bacterium developed by a General Electric scientist to clean up oil spills. But the precedent was set, and Monsanto took advantage of it. Since the 1980s, Monsanto has become the world leader in genetic modification of seeds and has won 674 biotechnology patents, more than any other company, according to U.S. Department of Agriculture data.

Farmers who buy Monsanto’s patented Roundup Ready seeds are required to sign an agreement promising not to save the seed produced after each harvest for re-planting, or to sell the seed to other farmers. This means that farmers must buy new seed every year. Those increased sales, coupled with ballooning sales of its Roundup weed killer, have been a bonanza for Monsanto.

This radical departure from age-old practice has created turmoil in farm country. Some farmers don’t fully understand that they aren’t supposed to save Monsanto’s seeds for next year’s planting. Others do, but ignore the stipulation rather than throw away a perfectly usable product. Still others say that they don’t use Monsanto’s genetically modified seeds, but seeds have been blown into their fields by wind or deposited by birds. It’s certainly easy for G.M. seeds to get mixed in with traditional varieties when seeds are cleaned by commercial dealers for re-planting. The seeds look identical; only a laboratory analysis can show the difference. Even if a farmer doesn’t buy G.M. seeds and doesn’t want them on his land, it’s a safe bet he’ll get a visit from Monsanto’s seed police if crops grown from G.M. seeds are discovered in his fields.

Most Americans know Monsanto because of what it sells to put on our lawns— the ubiquitous weed killer Roundup. What they may not know is that the company now profoundly influences—and one day may virtually control—what we put on our tables. For most of its history Monsanto was a chemical giant, producing some of the most toxic substances ever created, residues from which have left us with some of the most polluted sites on earth. Yet in a little more than a decade, the company has sought to shed its polluted past and morph into something much different and more far-reaching—an “agricultural company” dedicated to making the world “a better place for future generations.” Still, more than one Web log claims to see similarities between Monsanto and the fictional company “U-North” in the movie Michael Clayton, an agribusiness giant accused in a multibillion-dollar lawsuit of selling an herbicide that causes cancer.

From the beginning some consumers have consistently been hesitant to drink milk from cows treated with artificial hormones. This is one reason Monsanto has waged so many battles with dairies and regulators over the wording of labels on milk cartons. It has sued at least two dairies and one co-op over labeling.

Critics of the artificial hormone have pushed for mandatory labeling on all milk products, but the F.D.A. has resisted and even taken action against some dairies that labeled their milk “BST-free.” Since BST is a natural hormone found in all cows, including those not injected with Monsanto’s artificial version, the F.D.A. argued that no dairy could claim that its milk is BST-free. The F.D.A. later issued guidelines allowing dairies to use labels saying their milk comes from “non-supplemented cows,” as long as the carton has a disclaimer saying that the artificial supplement does not in any way change the milk. So the milk cartons from Kleinpeter Dairy, for example, carry a label on the front stating that the milk is from cows not treated with rBGH, and the rear panel says, “Government studies have shown no significant difference between milk derived from rBGH-treated and non-rBGH-treated cows.” That’s not good enough for Monsanto. The Next Battleground

As more and more dairies have chosen to advertise their milk as “No rBGH,” Monsanto has gone on the offensive. Its attempt to force the F.T.C. to look into what Monsanto called “deceptive practices” by dairies trying to distance themselves from the company’s artificial hormone was the most recent national salvo. But after reviewing Monsanto’s claims, the F.T.C.’s Division of Advertising Practices decided in August 2007 that a “formal investigation and enforcement action is not warranted at this time.” The agency found some instances where dairies had made “unfounded health and safety claims,” but these were mostly on Web sites, not on milk cartons. And the F.T.C. determined that the dairies Monsanto had singled out all carried disclaimers that the F.D.A. had found no significant differences in milk from cows treated with the artificial hormone.

Blocked at the federal level, Monsanto is pushing for action by the states. In the fall of 2007, Pennsylvania ’s agriculture secretary, Dennis Wolff, issued an edict prohibiting dairies from stamping milk containers with labels stating their products were made without the use of the artificial hormone. Wolff said such a label implies that competitors’ milk is not safe, and noted that non-supplemented milk comes at an unjustified higher price, arguments that Monsanto has frequently made. The ban was to take effect February 1, 2008.

Wolff’s action created a firestorm in Pennsylvania (and beyond) from angry consumers. So intense was the outpouring of e-mails, letters, and calls that Pennsylvania governor Edward Rendell stepped in and reversed his agriculture secretary, saying, “The public has a right to complete information about how the milk they buy is produced.”

On this issue, the tide may be shifting against Monsanto. Organic dairy products, which don’t involve rBGH, are soaring in popularity. Supermarket chains such as Kroger, Publix, and Safeway are embracing them. Some other companies have turned away from rBGH products, including Starbucks, which has banned all milk products from cows treated with rBGH. Although Monsanto once claimed that an estimated 30 percent of the nation’s dairy cows were injected with rBST, it’s widely believed that today the number is much lower.

But don’t count Monsanto out. Efforts similar to the one in Pennsylvania have been launched in other states, including New Jersey , Ohio , Indiana , Kansas , Utah , and Missouri . A Monsanto-backed group called afact—American Farmers for the Advancement and Conservation of Technology—has been spearheading efforts in many of these states. afact describes itself as a “producer organization” that decries “questionable labeling tactics and activism” by marketers who have convinced some consumers to “shy away from foods using new technology.” afact reportedly uses the same St. Louis public-relations firm, Osborn & Barr, employed by Monsanto. An Osborn & Barr spokesman told The Kansas City Star that the company was doing work for afact on a pro bono basis.

Even if Monsanto’s efforts to secure across-the-board labeling changes should fall short, there’s nothing to stop state agriculture departments from restricting labeling on a dairy-by-dairy basis. Beyond that, Monsanto also has allies whose foot soldiers will almost certainly keep up the pressure on dairies that don’t use Monsanto’s artificial hormone. Jeff Kleinpeter knows about them, too.

He got a call one day from the man who prints the labels for his milk cartons, asking if he had seen the attack on Kleinpeter Dairy that had been posted on the Internet. Kleinpeter went online to a site called StopLabelingLies, which claims to “help consumers by publicizing examples of false and misleading food and other product labels.” There, sure enough, Kleinpeter and other dairies that didn’t use Monsanto’s product were being accused of making misleading claims to sell their milk.

There was no address or phone number on the Web site, only a list of groups that apparently contribute to the site and whose issues range from disparaging organic farming to downplaying the impact of global warming. “They were criticizing people like me for doing what we had a right to do, had gone through a government agency to do,” says Kleinpeter. “We never could get to the bottom of that Web site to get that corrected.”

As it turns out, the Web site counts among its contributors Steven Milloy, the “junk science” commentator for FoxNews.com and operator of junkscience.com, which claims to debunk “faulty scientific data and analysis.” It may come as no surprise that earlier in his career, Milloy, who calls himself the “junkman,” was a registered lobbyist for Monsanto.


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