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04/27/10, 03:26 PM
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Join Date: Jan 2008
Posts: 2,639
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Quote:
Originally Posted by MaineFarmMom
You cannot buy the genetically engineered seeds discussed in Food, Inc. at Johnny's. I don't know of any law that says you can't save those seeds but if there is one, credible sources could save someone an attack by Monsanto.
I completely  over the idea of Monsanto being able to sue over cross pollination.
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There is no law that gives Monsanto to the right to limit your ability to save seed. Rather, the prevention to do such is within the Technology Use Agreement/Contract which CLEARLY states that the user agrees to no save seed for replanting. The contract is binding, Monsanto is merely asserting their rights under the terms of the contract when they litigate against those who violate the contract.
To my knowledge one is not required to sign such a Technology Use Agreement when purchasing lettuce seeds at the local hardware store.
Jim
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04/27/10, 05:11 PM
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Banned
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Join Date: May 2002
Location: South Central Wisconsin
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Quote:
Originally Posted by Lazy J
To my knowledge one is not required to sign such a Technology Use Agreement when purchasing lettuce seeds at the local hardware store.
Jim
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You are quite correct since there are no such vegetable varieties which would require it. However, there are a number of PVP varieties from which one may save seeds for their own personal use but not for resale. Laws governing that has been in force for 80 years.
Martin
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04/27/10, 07:05 PM
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Join Date: Nov 2007
Location: western New York State
Posts: 2,863
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The seed that Monsanto so aggressively protects is their "Round-up ready" soybean. That whole segment of Food, Inc. is about soybeans, including the man who had the old-fashioned seed-cleaner and business, and the blacklist of farmers who don't buy the Monsanto seed but won't allow their crops to be tested for cross-pollination. That GMO has taken over the world where soybeans are concerned. Food, Inc. said 80% of American soy. I'm gradually going to read through any websites for the various seed-package names I have, to see if I can trace them to other concerns.
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04/27/10, 07:16 PM
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Join Date: Feb 2010
Location: Finally!! TN
Posts: 2,233
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Quote:
Originally Posted by Paquebot
You are quite correct since there are no such vegetable varieties which would require it. However, there are a number of PVP varieties from which one may save seeds for their own personal use but not for resale. Laws governing that has been in force for 80 years.
Martin
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Actually, since they have their GM seeds patented you are in violation of patent law by reproducing those genes. Whether they are for personal use or for sale.
I think they did give that story in Food Inc. that I described, I thought it was around Nebraska but I may be wrong.
U.S. allows seed patents also so they have them patented here also.
__________________
U.S. Constitution -10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
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04/27/10, 07:23 PM
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Banned
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Join Date: May 2002
Location: South Central Wisconsin
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Quote:
Originally Posted by blooba
Actually, since they have their GM seeds patented you are in violation of patent law by reproducing those genes. Whether they are for personal use or for sale.
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"They" do not have any GM patented vegetable seeds available. All available PVP vegetable varieties are the result of conventional breeding.
Martin
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04/27/10, 07:27 PM
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Join Date: Feb 2010
Location: Finally!! TN
Posts: 2,233
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http://www.monsanto.com/monsanto_tod...nd_patents.asp
From another page
Quote:
U.S. Patent No. 5,352,605 (sometimes referred to as “605”), protects Monsanto’s intellectual property for biotech seed under federal laws. The U.S. Patent and Trademark Office re-examined several of Monsanto’s patents and upheld their validity in October 2007.
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The primary reason for enforcing patents is to ensure a level playing field for all Monsanto customers and to discourage the use of technology to gain an unfair financial advantage.
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Monsanto does not like suing farmers. However it is something we feel we need to do both to protect the interests of our customers and our shareholders.
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Since 1997, Monsanto has had to file suit against farmers for seed piracy 138 times (as of July 2009) in the United States. Of those cases, most settled out of court, with only nine proceeding through a complete trial.
Monsanto won each of those nine cases and the appeals that followed.
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__________________
U.S. Constitution -10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Last edited by blooba; 04/27/10 at 07:32 PM.
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04/27/10, 07:32 PM
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Banned
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Join Date: May 2002
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Quote:
Originally Posted by blooba
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That has nothing to do with vegetables nor garden seeds. Neither are mentioned in the link and this thread was started in reference to those, not farm crops.
Martin
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04/27/10, 07:36 PM
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Location: Finally!! TN
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Guess its a big business.
http://www.commondreams.org/headlines05/0115-04.htm
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Kem Ralph of Covington, Tennessee is believed to be the first farmer to have gone to jail for saving and replanting Monsanto's Roundup Ready soy seed in 1998. Ralph spent four months behind bars and must also pay the company 1.8 million dollars in penalties.
In total, U.S. courts have awarded Monsanto more than 15 million dollars, according to a new report by the Washington-based Center for Food Safety (CFS) called "Monsanto vs. U.S. Farmers"
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Monsanto has a budget of 10 million dollars and a staff of 75 devoted solely to investigating and prosecuting farmers, the report said
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__________________
U.S. Constitution -10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
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04/27/10, 07:44 PM
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Banned
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Join Date: May 2002
Location: South Central Wisconsin
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Quote:
Originally Posted by blooba
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You are avoiding the topic. Where do garden seed companies fit into this? Last released GMO vegetable became extinct over 10 years ago and that wasn't a Monsanto creation.
Martin
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04/27/10, 07:50 PM
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Join Date: Feb 2010
Location: Finally!! TN
Posts: 2,233
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Quote:
Originally Posted by Paquebot
That has nothing to do with vegetables nor garden seeds. Neither are mentioned in the link and this thread was started in reference to those, not farm crops.
Martin
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Their seed patent covers the use of cauliflower mosaic virus to genetically modify the genes by using the virus to allow new genes to take hold. So any of their GM seeds use it (I'm pretty sure) I'm no scientist but here's the patent http://www.pubpat.org/assets/files/M...605Request.pdf
and here's a little more about the Cauliflower mosaic virus. http://en.wikipedia.org/wiki/Cauliflower_mosaic_virus
Don't think that is their only patent and they are pretty new to the garden seed business so not sure how modified their garden seeds are but I'd sure stay away.
after more research only could find these GM products (also read that potatoes and tomatoes have been withdrawn) Although through cross pollination some genes may still be around.
potatoes
tomatoes
soy
long grain rice
corn
canola
Quest tobacco
cotton (used for cotton seed oil used in cooking)
Hawaiian papaya
zucchini and yellow squashes
Although Monsanto spends billions of dollars on research so who knows whats out and whats next.
__________________
U.S. Constitution -10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Last edited by blooba; 04/27/10 at 08:01 PM.
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04/27/10, 07:56 PM
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Quote:
Originally Posted by blooba
Their seed patent covers the use of cauliflower mosaic virus to genetically modify the genes by using the virus to allow new genes to take hold. So any of their GM seeds use it (I'm pretty sure) I'm no scientist but here's the patent http://www.pubpat.org/assets/files/M...605Request.pdf
and here's a little more about the Cauliflower mosaic virus. http://en.wikipedia.org/wiki/Cauliflower_mosaic_virus
Don't think that is their only patent and they are pretty new to the garden seed business so not sure how modified their garden seeds are but I'd sure stay away.
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None of those seeds are available to the public. Research and release may be close in the dictionary but have no connection in this case. Since there has been no GM vegetable seeds available in over 10 years, there can be no PVP disclaimer for something that does not exist.
Martin
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04/27/10, 08:03 PM
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Join Date: Sep 2004
Location: East-Central Ontario
Posts: 3,862
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Reply
Martin or anybody else... do different vegetable companies market the same variety of seed under different names like ag seed companies do?
Such as on this list http://public.sheet.zoho.com/public/...y-no?mode=html ?
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The internet - fueling paranoia and misinformation since 1873.
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04/27/10, 08:13 PM
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Join Date: Feb 2010
Location: Finally!! TN
Posts: 2,233
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Quote:
Originally Posted by Paquebot
That has nothing to do with vegetables nor garden seeds. Neither are mentioned in the link and this thread was started in reference to those, not farm crops.
Martin
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http://www.monsanto.com/monsanto_tod...nd_patents.asp Doesn't specify anything but their seed patents and seeds. Says nothing about what seeds.
Martin, don't you grow seeds? You wouldn't happen to grow for Monsanto would ya?
__________________
U.S. Constitution -10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
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04/27/10, 08:22 PM
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Location: South Central Wisconsin
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Quote:
Originally Posted by DaleK
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No, they can not. That was outlawed also back in the 1930s, as I recall. Some were grandfathered, so to speak, do to lack of genetic proof. One example that I've grown is John Baer and Gardener's Delight. Some claim that Bonny's Best is John Baer and Sugar Plum is Gardener's Delight.
Hybrids are another story since the 2 parents are often a closely-held secret within a company. Should someone somehow come up with the same combination, giving it another name may not be ethical but possible. Just as the first hybridizer would not have to disclose the parentage, neither would the second.
Martin
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04/27/10, 08:26 PM
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Banned
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Join Date: May 2002
Location: South Central Wisconsin
Posts: 14,801
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Quote:
Originally Posted by blooba
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It was already established here several weeks ago that Monsanto does not have any vegetable seeds for sale. Didn't have any then, don't have any now!
Quote:
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Martin, don't you grow seeds? You wouldn't happen to grow for Monsanto would ya?
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I do grow seed and my income is whatever you are paying into Social Security!
Martin
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04/27/10, 08:34 PM
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Join Date: Feb 2010
Location: Finally!! TN
Posts: 2,233
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Quote:
Originally Posted by Paquebot
It was already established here several weeks ago that Monsanto does not have any vegetable seeds for sale. Didn't have any then, don't have any now!
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Not under the Monsanto name but is the Better Boy hybrid not patented to Seminis? A subsidy of Monsanto.
Burpee's Big Boy?
I've grown some of these myself from seed packets bought at hardware stores.
Wouldn't reproducing a patented product be against patent law?
Is https://www.monsantovegetables.com a figment of my imagination?
__________________
U.S. Constitution -10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Last edited by blooba; 04/27/10 at 08:37 PM.
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04/27/10, 09:23 PM
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Banned
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Join Date: May 2002
Location: South Central Wisconsin
Posts: 14,801
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Quote:
Originally Posted by blooba
Not under the Monsanto name but is the Better Boy hybrid not patented to Seminis? A subsidy of Monsanto.
Burpee's Big Boy?
I've grown some of these myself from seed packets bought at hardware stores.
Wouldn't reproducing a patented product be against patent law?
Is https://www.monsantovegetables.com a figment of my imagination?
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Better Boy is not a PVP vegetable variety, nor is Burpee's Big Boy. Both are F1 hybrids. There have never been any restrictions against saving seeds from such vegetables. Besides, F2 seed planted back from either would no longer be Better Boy or Big Boy but whatever genetic combination each individual seed may produce.
Martin
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04/27/10, 10:52 PM
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Join Date: May 2003
Location: Ouachitas, AR
Posts: 6,049
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We buy all our seed from Baker Creek Heirloom seeds. They are guaranteed gmo free and they have no affiliation with Monsanto/Seminis.
http://rareseeds.com/
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04/28/10, 01:03 AM
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Join Date: May 2002
Location: South Central Wisconsin
Posts: 14,801
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Quote:
Originally Posted by Patt
We buy all our seed from Baker Creek Heirloom seeds. They are guaranteed gmo free and they have no affiliation with Monsanto/Seminis.
http://rareseeds.com/
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Yes/no on that claim and Baker Creek will confirm it if pressed. They are on record as claiming that they have found a certain percentage of contaminated genes in their sweet corn. If 1,000 kernels are tested from a lot and none are found to be contaminated, they can not guarantee that kernel #1,001 is not contaminated. By admitting that some were found, there can never be a 100% guarantee since testing destroys the seed. Every reputable company knows that and that has been one of the factors in some dropping or never implementing the "safe seed pledge". Instead, most assume that if the majority of the gardeners are informed about GMO vegetable seeds, they will also be informed enough to know that there hasn't been one available in over 10 years. Probably something like thinking that gardeners are a few notches above the general public in regards to their intelligence and common sense. If so, I wholeheartedly agree!
But that's not the important thing. My mission will never change and that is simply to assure everyone that gardeners do not ever need to be afraid of what they plant. The seed growing industry does a pretty good job of producing quality products. If they fail, they find no buyers next year and their products vanish from seed catalogs. The seed retail industry insists upon only quality products since their existence depends upon satisfied repeat customers. It's been that way forever and any gardener with an ounce of intelligence should know that.
Martin
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04/28/10, 01:51 AM
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Join Date: May 2002
Location: Maine
Posts: 3,152
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Quote:
Originally Posted by blooba
Well if they are johnny's seeds from monsanto it is illegal to save the seeds, also it is illegal to save the seeds from any plants that may have been cross pollinated with the monsanto seeds.
They have sued and won over cases like that. There was a farmer that saved his seeds and the neighbors field had monsanto seeds. the farmer who saved his seeds field got cross pollinated with the monsanto seeds and he was forced to pay monsanto for years of seeds and was forced to destroy everything.
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The Semenis seeds Johnny's sells are things like Celebrity tomato that aren't PVP protected. Hence, there are no regulations against saving the seed. Even if a product is PVP protected, you can still reproduce it for personal use. You just can't reproduce them for resale. In any event, the Semenis seeds sold by Johnnys are (at least the vast majority) hybrid seeds that most likely won't come true when grown from saved seed anyway.
Last edited by Murray in ME; 04/28/10 at 01:55 AM.
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