Last week WaterDragon mentioned the Australian state of play concerning genetically modified canola and, up pops Monsanto (St. Louis, Missouri USA) scanning our site six hours later at 6.56am on the same day.
Monsanto also clicked the linked items.
In June Gristmill reported receiving a cease and desist letter from Monsanto's legal office.
At the same time it was reported that Monsanto was hiring a social media specialist to monitor Internet blogs.
To farmers considering growing GM canola or crops, ………………(date)
On behalf of growers wishing to remain GM-free, I wish to notify you of our intention for our property and produce to remain GM-free and of the risk that the planting of any GM crops on your property poses to our properties. Accordingly, we are also notifying you that we will not accept the burden of any damage, or loss, which may be consequent on any decision by you to grow GM crops. Should you wish to grow GM canola or other GM crops, you must ensure none of your GM crop or residue escapes and contaminates our land holdings or otherwise causes damage or loss.
Governments have recommended common law as suitable for recovering any damage and economic loss associated with GM crops. Therefore we will be seeking legal recourse if GM crops result in any costs, damage or economic loss including, but not limited to:
- Testing costs or additional contractual requirements required due to market perception that your choice to grow GM crops will cause contamination of our crops and/or produce.
- Segregation costs over and above what is currently required.
- Loss of market access or market premium due to detection of GM in our produce or an inability to prove a GM-free status.
- Loss of certification if applicable.
- New control measures required to remove canola from grain sold including any grading at outturn.
- Any payments due or deducted as end-point royalty or user fees from GM companies for unintentional GM use.
- Any costs associated with destroying unauthorised GM crops on our property.
- Spray drift from post emergent glyphosate or glufosinate ammonium.
- All associated and consequent costs and all legal costs.
We emphasise that this list is not closed, and the nature of GM technology means that the scope of potential damage and downstream effects may be far-reaching and significant. We accordingly are putting you on notice so you are aware that these and other scenarios and losses are fully foreseeable and not remote from any action taken by you to plant GM seeds.
While it is our preferred option to ensure the company selling you GM seeds is liable for any economic, environmental or health losses, we regret to inform you that as a GM grower, you will be held jointly and severally liable for any loss we experience. We suggest that you ensure that your insurance covers you for any future claims made against you.
Please be advised that following crop management plans or coexistence principles will not provide sufficient mitigation or afford you an adequate legal defence as these plans are based on an assumption that non-GM growers will accept unrealistic impositions. Management impositions NOT accepted include, but are not limited to:
- A "tolerance level" of GM contamination which will not be accepted in either seed or produce for market as these limits are set on labelling requirements for GM if applicable, not for non-GM products. As GM canola oil escapes a label for GM in
- Providing 5 metre or larger buffer zones on non-GM properties where produce derived from these buffer zones are not to be marketed as "GM-free".
- Responsibility for notification to the GM companies if unwanted GM plants are found on our property, following recommendations for volunteer control at our expense and allowing the GM companies access to assess if contamination was suitably controlled.
- Any fees applicable for growing GM crops if contamination is not controlled or a GM-free status is not proven unless the GM crop was deliberately planted.
- Sowing crops any differently to what is current best management practise (eg sowing crops off-season to avoid coinciding flowering times).
- Application of additional chemicals or tillage to control unwanted GM plants on our property.
- Routinely testing for GM.
- Cleaning out machinery more than is normally required.
- Compulsory quality assurance or identity preservation requirements.
- Loss of ability to save crop seed for replanting.
- To market produce co-mingled with GM produce if there is any sign of market rejection for GM.
As a precaution, we will be retaining seed samples pre seeding and post harvest and collecting any evidence of economic loss we have experienced.
Thank you.
….……………………………(signature) ……………………………(witness signature)
………..………………………… (name) ………..………………………(witness name)
…………………………………(address) ………..……………………(witness address)
…………………………………………… ………………………………………………….
Note: Please retain a copy of this letter.
Update 19.08.08:
Good morning, Monsanto. So nice of you to drop in four times this morning by 9am AEST. I'm particularly impressed that you spent over 41 minutes at North Coast Voices on one visit alone. You are turning out to be a real inspiration to WaterDragon who tells me that there is another Monsanto-related post on the way.
