From: [log in to unmask]
Date: Thu, 1 Nov 2001
To: <[log in to unmask]>
Subject: Saving conventional, non-GMO seed? Beware!

Farm News from Cropchoice
An alternative news service for American farmers
http://www.cropchoice.com

11/1/01
Saving conventional, non-GMO seed? Beware!
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By David Dechant

(Nov.1, 2001 – CropChoice guest column) – A recent Monsanto newsletter to
High Plains growers, the Field Monitor, reminds them to not save seed from
RR varieties. That's really no surprise, as almost everyone knows Monsanto
has prosecuted over 475 farmers for saving RR seed for their own use and,
apparently, some who adamantly claim not having done so.

However, as Monsanto points out, seed saving has become much more than
just a GMO issue.

Following is the text of the first paragraph of a brief article in the
newsletter called "Making Another Important Choice":

"Saving seed from this year's soybean crop to plant in 2002 is a great
temptation. It is especially tempting to save seed from Roundup Ready®
varieties because of their popularity and premium performance. But
remember, all Roundup Ready varieties are patented, as are STS (DuPont
non-GMO variety) and all newer conventional varieties in the seed
industry. Legally, no seed from these varieties may be saved for planting
purposes."

Monsanto isn't the only seed company warning against saving conventional
seed. In the warranty disclaimer that comes along with the purchase of
DuPont/Pioneer seed, under the heading "Restrictions and Limited Licenses
for Variety Seed" one finds the following admonition:

"If the tag or the top of the bag indicates this product or the parental
lines used in producing this product are protected under one or more US
patents, Purchaser agrees that it is granted a limited license thereunder
only to produce oilseeds or grain or forage for feeding or processing.
Resale of this seed or supply of saved seed to anyone, including
Purchaser, for planting is strictly prohibited under this licensee."

And, if a farmer claims to not have known that saving conventional,
patented was prohibited, the warranty disclaimer also says "By opening the
container, you acknowledge that you read and understood these terms and
that you agree to be bound by them to the extent allowable by applicable
laws."

One need not be a Philadelphia lawyer to see that there's a big problem
brewing, especially if the Supreme Court rules in favor of patents on
seeds.  While there have been no reports of seed companies prosecuting
farmers for saving patented, conventional, non-GMO seed, there will be
nothing to stop them from doing so if the Supreme Court rules in favor of
patents on seed in the JEM AgSupply v. Pioneer appeal it recently heard.
The road will be wide open for prohibiting seed saving, as it will be
within the "extent allowable by applicable laws."

Farmers need to be aware they may not always be able to save conventional
seed, as in Monsanto's own words "all newer conventional varieties in the
seed industry" are patented. Many farmers and their suppliers think only
GMO seed is patented. They also think they will always have non-patented
varieties for alternatives. However, will they be economically viable or
worthwhile planting? Soon, all seed will be patented and there will be few
or no non-patented alternatives, especially when seed companies connive to
get broad patents, such as the one that covers high yield genes.  This is
what Monsanto currently is attempting in the European Union and may have
already accomplished in the United States.

David Dechant grows wheat, alfalfa and corn in Colorado.

Other CropChoice headlines:
EU maintains moratorium on modified foods
New Zealand approves GMO field trials
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http://www.cropchoice.com for more information.  May be reproduced freely
for non-commercial purposes and with appropriate credit.

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