FinalPresentation.SustainableAg

Traditional. Industrial, and

OrganicAgriculture

Evolution, Regulation, and

Progress

DevelopingSustainable Agriculture

Susan VacekPublic LawJune 22, 2015

What is the sustainable course of action for the future of agriculture?

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Anthropologists attribute crop cultivation to

civilizations 12,000 years ago, with vast genetic

diversity.

Nations and territories housing the native plants

became the “owners” of the genetic properties over time.

“Seed banks” became the homes for the diverse plant species in various countries where the genetic material

was studied.Ref. (1)


Gregor Mendel’s work in the 19th Century led to the

20th Century changes in agriculture.

The new changes in genetic alteration

created competition for ideal crop

attributes. The interest and funding in plant diversity shifted from public to private.

Ref. 2


Genetic materials of plants were shared under the “common heritage of

humankind” with availability open to all. Many farmers

could traditionally save seeds from season to season, and even share across regions.

Ref. (3)

“Genetic Engineering” spawned the opportunity for industrial farms using one-generation purchase seeds with built-in resistance to: insects, weeds, drought, and other adverse

effects. Farms could produce on a large scale.


Plant Patent Act of 1930Use of new techniques to establish

change in species for non-reproductive plants.

Protects for 20 years and provides incentive for species that are

“distinct, new, and nonobvious”. 35 U.S.C. Sections 161-164 (1930) Ref. (5)

Plant Variety Protection Act of 1970“Encourages the development of varieties of sexually reproduced plants and to make

them available to the public.”Certificates issued for 20 years to species “new and distinct, novel, and uniform and

stable”.Exemptions include: farmer seed saving,

and researchers.7 U.S.C. Sections 2321-2582 (1970) Ref. (6)


Federal Food, Drug, and Cosmetic Act (FDCA) of 1938Developed to protect public health.

“Provides oversight to all foods… organic or genetically modified”History of promoting innovation and new opportunities developed by

business in agriculture and bioengineering.There is no regulation specific to genetically modified foods.

Responsible for ensuring food is not “misbranded”.Implements the Organic Food Production Act (creating a conflict of

interest with the history).21 U.S.C. Sections 301-399 (2002) Ref. (7)


Organic Food Protection Act (OFPA) of 1990Established national standards for organic food certification (prior to 22

different state standards were used)Provides “National List” of materials deemed acceptable for organic

agricultural useOversees the organic certification rules and procedures:

• Farmers making <$5K annually: are exempt from certification, cannot claim “Organic Certified”, and must use direct sales.

• Farmers making >$5K annually: Must submit an “Organic Plan” to USDA (includes growing and handling methods, materials used in compliance with National List, future plans, and a three year history of the land and any materials used).

The “certification label” was designed to simplify criteria and provide consistency nationally. It consists of four areas:

1. 100% - “100% Organic” label2. 95-99% - “Organic” label3. 70-94% - “Organic ingredients” label (may list up to three ingredients)4. 70% or less – “Organic” can only be mentioned in ingredient list Ref. (8)


Stauber v. Shalala(Consumers v. FDA)

Consumers were opposed to both the use of BGH (BGH – Bovine Growth Hormone,

specifically Posilac), and lack of labeling requirements for products from treated cows based on health and safety concerns. The approval for BGH was

preceded by resistance from farmers, environmentalists, personal consumer letters and other concerned professionals.

While only the information provided to FDA for approval of the substance was used to evaluate, no long term studies existed, and therefore no health risks were identified.

895 F. Supp. 1178, 1183 (W.D. Wis. 1995) Ref. (9)

International Dairy Foods Association v. Amestoy(Dairy Manufacturers v. Vermont State Law)

Law requires labels signifying dairy products derived from cows treated with BGH, passed in 1994, was based on Consumer’s Right to Know.

The result was court finding law infringed on 1st Amendment right to not speak. 92 F.3d 67 (2nd Cir. 1996) Ref. (10)


Monsanto Company v. Mitchell Scruggs, et al.(Patent Owner v. Family Farm)

Patent owner contends single use agreement with farmer for Roundup Ready soybeans and cotton seed and Bollgard cotton seed was violated as protected

under Plant Variety Protection Act through planting and seed saving.Court revoked tradition of “seed saving” under single use license agreement through patent owner. Also, “monopoly like control” was upheld as a result

of U.S. patent laws.Defendants were banned from sale, transfer, collecting, planting, or

cultivating patent seeds. Also, had to surrender any seeds within possession, and acquired a $200,000 bond.

An emergency motion was granted for cotton gin use by the Scruggs Family Farm to assist other farmers in the area.

249 F.Supp.2d 763 (N.D.Tex. 2003) Ref. (11)


Organic Seed Growers and Trade Association, et al v. Monsanto CompanyThe premise of this case was to ensure that the patent owners of

bioengineered crops would not pursue infringement actions if cross contamination in organic crop fields occurred.

This case recognizes the issue if transferred patented DNA sequences can be detected in heritage and conventional plants due to cross

contamination, the bioengineered plant has greater protection than the original species.

Common law of nuisance or trespassing is superseded by the patent laws, as is State law.

Since organic farms must adhere to greater criteria and restrictions of substance use, the advantage is given to industrial farms using GMO seeds,

chemical based herbicides and insecticides.718 F.3d 1350 (Fed. Cir. 2013) Ref. (12)


Organic agriculture was and is a grassroots

movement.

Organic farming leads to environmental

benefits including: conservation of soil composition, and

water.

Organic farming uses crop rotation,

livestock manure soil fertilizer. Adaptive organic

farming works in various climates and changes to climates using seasonal and native plant species.

Ref. (13)


“Sustainable agriculture is one that produces abundant food without depleting the earth’s resources or polluting its

environment. It is agriculture that follows the principles of nature to develop systems for raising crops and livestock

that are, like nature, self-sustaining. Sustainable agriculture is also the agriculture of social values…”

Ref. (14)

Continuing the Grassroots movement in producing and connecting organic farms, will help to reduce soil nutrient loss, erosion, reduce other negative environmental and health impacts due to

large industrial GMO based farms.


“We have an economic system that really and fundamentally…market-based economic system that really doesn’t care about people or the environment…the only way that it can be made to care is very deep

change in the system itself.”

-Guss Speth

Ref. (9)

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Footnotes1 Keith Aoki, Malthus, Mendel, and Monsanto: Intellectual Property and the Law and Politics of Global Food Supply: An Introduction, JOURNAL OF ENVIRONMENTAL LAW & LITIGATION, 19 J. Envtl. L. & Litig. 397-452, (2004).

2 Id.

3 Id.

4 Id.

5 35 U.S.C. Sections 161-164 (1930)

6 7 U.S.C. Sections 2321-2582 (1970)

7 21 U.S.C. Sections 301-399 (2002)

8 Andrew J. Nicholas, As the Organic Food Industry Gets Its House in Order, The Time Has Come For National Standards For Genetically Modified Foods, LOYOLA CONSUMER LAW REVIEW, 15 Loy. Consumer L. Rev. 277-299 (2003).

9 895 F. Supp. 1178, 1183 (W.D. Wis. 1995)

10 895 F. Supp. 1178, 1183 (W.D. Wis. 1995)

11 249 F.Supp.2d 763 (N.D.Tex. 2003)

12 718 F.3d 1350 (Fed. Cir. 2013)

13 Andrew J. Nicholas, As the Organic Food Industry Gets Its House in Order, The Time Has Come For National Standards For Genetically Modified Foods, LOYOLA CONSUMER LAW REVIEW, 15 Loy. Consumer L. Rev. 277-299 (2003).

14 Elisa Mendelsohn, Sustainable Agriculture: An Introduction, ATTRA, The National Sustainable Agriculture Information Service, (October 6, 2011) http://www.slideshare.net/ElisaMendelsohn/sustainable-agriculture-an-introduction?related=1

15 Gus Speth, The Bridge at the Edge of the World: Capitalism, the Environment and Crossing from Crisis to Sustainability, YALE PRESS PODCAST, (March 5, 2008).

All images used acquired from Google Images (accessed 6/20/2015).

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