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By Root 865 0

production capacity only in ways that can be controlled strictly. Terminator technology is only one (extreme) example. The most common genetic modifications now contained in most U.S. corn, soy, cotton, and canola do one of two things: (1) put a bacterial gene into the plant that kills caterpillars, or (2) alter the crop’s physiology so it withstands the herbicide Roundup, so that chemicals can be sprayed over the crop. (The crop stays alive, the weeds die.) If you guessed Monsanto controls sales of both the resistant seed and the Roundup, give yourself a star. If you think you’d never eat such stuff, you’re probably wrong. GM plants are virtually everywhere in the U.S. food chain, but don’t have to be labeled, and aren’t. Industry lobbyists intend to keep it that way.

The Strange Case of Percy Schmeiser

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In 1999, a quiet middle-aged farmer from Bruno, Saskatchewan, was sued by the largest biotech seed producer in the world. Monsanto Inc. claimed that Percy Schmeiser had damaged them, to the tune of $145,000, by having their patented gene in some of the canola plants on his 1,030 acres. The assertion was not that Percy had actually planted the seed, or even that he obtained the seed illegally. Rather, the argument was that the plants on Percy’s land contained genes that belonged to Monsanto. The gene, patented in Canada in the early 1990s, gives genetically modified (GM) canola plants the fortitude to withstand spraying by glyphosate herbicides such as Roundup, sold by Monsanto.

Canola, a cultivated variety of rapeseed, is one of over three thousand species in the mustard family. Pollen from mustards is transferred either by insects, or by wind, up to one-third of a mile. Does the patented gene travel in the pollen? Yes. Are the seeds viable? Yes, and can remain dormant up to ten years. If seeds remain in the soil from previous years, it’s illegal to harvest them. Further, if any of the seeds from a field contain the patented genes, it is illegal to save them for use. Percy had been saving his canola seeds for fifty years. Monsanto was suing for possession of intellectual property that had drifted onto his plants. The laws protect possession of the gene itself, irrespective of its conveyance. Because of pollen drift and seed contamination, the Monsanto genes are ubiquitous in Canadian canola.

Percy lost his court battles: he was found guilty in the Federal Court of Canada, the conviction upheld in the court of appeals. The Canadian Supreme Court narrowly upheld the decision (5–4), but with no compensation to Monsanto. This stunning case has drawn substantial attention to the problems associated with letting GM genies out of their bottle. Organic canola farmers in Saskatchewan have now sued Monsanto and another company, Aventis, for making it impossible for Canadian farmers to grow organic canola. The National Farmers Union of Canada has called for a moratorium on all GM foods. The issue has spilled over the borders as well. Fifteen countries have banned import of GM canola, and Australia has banned all Canadian canola due to the unavoidable contamination made obvious by Monsanto’s lawsuit. Farmers are concerned about liability, and consumers are concerned about choice. Twenty-four U.S. states have proposed or passed various legislation to block or limit particular GM products, attach responsibility for GM drift to seed producers, defend a farmer’s right to save seeds, and require seed and food product labels to indicate GM ingredients (or allow “GM-free” labeling).

The U.S. federal government (corporate-friendly as ever) has stepped in to circumvent these proconsumer measures. In 2006 Congress passed the National Uniformity for Food Act, which would eliminate more than two hundred state-initiated food safety and labeling laws that differ from federal ones. Thus, the weakest consumer protections would prevail (but they’re uniformly weak!). Here’s a clue about who really benefits from this bill: it’s endorsed by the American Frozen Food Institute, ConAgra, Cargill, Dean Foods, Hormel, and the National Cattlemen