California Legislature Passes Bill Protecting Farmers Against Monsanto Lawsuits

California Legislature Passes Bill Protecting Farmers Against Monsanto Lawsuits

• California Legislature Passes Bill Protecting Farmers Against Monsanto Lawsuits
  Genetic Engineering Policy Project, Aug. 31, 2008
  
  

NOTE: More good news from the US. This is a major step forward. California's is the 8th largest economy in the world.

EXTRACT: Currently, farmers with crops that become contaminated by patented seeds or pollen have been the target of harassing lawsuits brought by biotech patent holders, particularly Monsanto. --- --- California Legislature Passes Bill Protecting Farmers Against Monsanto Lawsuits

First State Bill Regarding Genetically Engineered Crops Awaits Governor's Signature

PRESS RELEASE, The Genetic Engineering Policy Project

August 31 2008 - A landmark piece of legislation protecting California's farmers from crippling lawsuits was passed through both legislative houses this week in an end-of-session flurry. The Senate voted 23 - 14 to support it, and the Assembly was unanimous in their support. The bill, AB 541 (Huffman, D-Marin/Sonoma), is now headed to the Governor's desk for his signature. Sponsored by diverse organizations, some of whom are traditionally opposed on farm issues, AB 541 is the first bill passed by the California legislature that brings much-needed regulation to genetically engineered (GE) crops.

"I am very pleased that my office, working with the stakeholders on both sides of this historically divisive issue, was able to find common ground and pass California's first legislation on genetic engineered crops," stated Assemblymember Huffman. "While there is still work to be done on other aspects of genetic engineering, AB 541 is an important step in establishing basic protections for California's farmers."

AB 541 enacts protections against lawsuits brought against California farmers who have not been able to prevent the inevitable - the drift of GE pollen or seed onto their land and the subsequent contamination of their non-GE crops. Currently, farmers with crops that become contaminated by patented seeds or pollen have been the target of harassing lawsuits brought by biotech patent holders, particularly Monsanto. The bill also establishes a mandatory crop sampling protocol to prevent biotech companies that are investigating alleged violations from sampling crops without the explicit permission of farmers.

AB 541 has the support of organizations traditionally on opposite sides of the GE issue, and its sponsors are confident that the Governor will sign it. The bill was sponsored by a thirteen-member coalition including Community Alliance with Family Farmers, Earthbound Farm, California Certified Organic Farmers, United Natural Foods Inc., as well as California Farmers Union and the California Farm Bureau, and several others.

"AB 541 is a move in the right direction," stated Renata Brillinger, director of the Genetic Engineering Policy Project, the coalition of organic and conventional farmers, food industry, environmental, and faith organizations sponsoring AB 541. "It provides much needed protection for farmers who typically lack the resources to fight lawsuits brought by biotech conglomerates."

A copy of the bill can be downloaded at: https://www.leginfo.ca.gov

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Many thanks to the co-sponsors of AB 541 for their funding, advocacy, strategic, legal, and moral support over the past two years it has taken to win this bill.

Their commitment to this issue, and to protecting farmers and the integrity of California agriculture, is one of the reasons we are on the verge of having California's first progressive GE law.

The Genetic Engineering Policy Project is a lobbying coalition of the following organizations and businesses: California Certified Organic Farmers California Church IMPACT Center for Food Safety Center for Environmental Health Community Alliance with Family Farmers Earthbound Farm Ecological Farming Association Environment California Good Earth Natural Foods Occidental Arts Ecology Center Oakland Institute Ocean Beach People's Organic Food Co-op Pesticide Action Network North America United Natural Foods, Inc.

https://www.organicconsumers.org/art...icle_14436.cfm

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Posted in reply to the post by phooph:

California Legislature Passes Bill Protecting Farmers Against Monsanto Lawsuits
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I have a bad feeling it won't pass muster in the Supreme Court even if the GropenFurher does sign it, which I bet he won't.

I think the farmers should be able to sue Monsanto for polluting their genetic strains.

-Jeff

What is your theory as to why it wouldn't pass muster with the supreme court?

I could be wrong, but I don't think we have any federal laws which preempt state regulations.

Or do you have another legal theory which the court would use to throw out this proposed law?

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Posted in reply to the post by Braggi:

I have a bad feeling it won't pass muster in the Supreme Court even if the GropenFurher does sign it, which I bet he won't.

I think the farmers should be able to sue Monsanto for polluting their genetic strains.

-Jeff

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Posted in reply to the post by PeriodThree:

What is your theory as to why it wouldn't pass muster with the supreme court? ...

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Given that the Supremes have quite a history of siding with industry and corporations over the rights of individuals I think their reasoning might go along the lines of, " ... Monsanto has the right to file lawsuits to protect their intellectual property." I don't see a state being able to interfere with that right guaranteed by the Constitution and our court systems.

This isn't my personal opinion or my desire, it's a cynical prediction.

I don't see how California can legally prohibit Monsanto from suing. I wish it wasn't true.

I'd like to see Monsanto put out of business for polluting the planet, but I'm a dreamer, eh?

-Jeff