The California legislature recently passed a bill that offers farmers protections from mistakenly being targeted by biotech firms for patent infringement (for saving patented seed). The Monsanto Company, for example, has filed more than 100 lawsuits against farmers for illegaly saving seed, and it's settled with hundreds of others out of court. While many of these farmers admit they saved seed, others say they followed the rules but don't have the money to fight a multi-billion dollar corporation in court.

The California legislature passed AB 541 to establish mandatory crop sampling protocol to prevent firms from sampling crops without the explicit permission of farmers. (See, currently, some of the cases Monsanto files against farmers for seed saving are based on samples that farmers didn't know were taken. So, if they claim innocence, they have no opportunity to defend themselves with independent samples.) AB 541 also protects farmers from liability resulting from unwittingly acquiring patented traits, such as through genetic drift. Several organizations that historically have been on opposite sides of the biotech issue support the bill and are urging the Governor to sign it, including the Community Alliance with Family Farmers, California Farmers Union, California Farm Bureau, and California Certified Organic Farmers.

Other states have similar legislation in place, including Maine, which Envirovore told you about in April, as well as North Dakota and Indiana.

Bills that protect farmers from harassment or illegal methods of investigation are important steps toward leveling the playing field with patent infringement cases -- but we have a long way to go. Learn more here.

Comments (8)

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written by Lisa, September 17, 2008

I'm super excited about this bill. After watching the French Documentary on Monsanto and it's practices, this is an amazing step in aligning the people with the farmers, as opposed to the government with huge corporations. :) now if Canada could only follow suit...

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