BREAKING NEWS! Senate Could Strike the “Monsanto Protection Act” - Contact Your Senators Today!

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Thanks to your calls and emails, and the leadership in the Senate, today Senator Barbara Mikulski (D-MD), Chair of the Senate Committee on Appropriations, will propose an alternative short term government funding bill that would repeal the “farmer assurance provision,” otherwise known as the “Monsanto Protection Act.”[1]

The Continuing Resolution, passed by the House last week, would fund the federal government beyond the current deadline of September 30, 2013, but the House also extended a controversial policy rider that would guarantee the ability of agrichemical companies to continue selling genetically engineered (GE) seeds even if a federal court declared them unlawful. Senator Mikulski’s alternative bill would strip the controversial provision before sending the bill back to the House for final approval.

Though wrapped in a “farmer-friendly” package, the Monsanto-driven rider remains simply a biotech industry ploy to continue to plant GE crops even when a court of law has found they were approved illegally.

The rider is intended to force USDA to allow GE crops to be planted even if a Federal court rules that USDA hadn’t adequately considered the environmental or economic risks to farmers. This would negate any meaningful judicial review of USDA’s decisions to allow commercialization of GE crops. If a GE crop approval was shown to violate the law and require further analysis of its harmful impacts (as several courts have concluded in recent years in our cases) this provision could override any court-mandated caution and could instead allow continued planting. Further, it forces USDA to approve permits for such continued planting immediately, putting industry completely in charge by allowing for a “back door approval” mechanism.

Tell your Senators to support Senator Mikulski’s move to remove this agribusiness give-away from the continuing resolution!

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1. "Senate CR to strip Monsanto rider," Politico, 9/24/13; “Chairman Mikulski Seeks to End "Monsanto Protection Act," Center for Food Safety press release, 9/24/13.

Subject: Support proposal to strike "Monsanto protection act" in the Senate CR

Your Letter:

I am writing to strongly support Senator Mikulski’s proposal to strike the “farmer assurance provision”, otherwise known as the “Monsanto protection act” in the Senate continuing resolution.

Though wrapped in a “farmer-friendly” package, this corporate welfare earmark – Section 735 in H.R. 933 – is simply a biotech industry ploy to continue to sell GE seeds even when a court of law has found they were approved by USDA illegally. It is unnecessary and an unprecedented attack on U.S. judicial review, yet it was quietly slipped into the continuing resolution without congressional debate, hearings or input from any of the relevant committees.

Congress should not be meddling with the judicial review process based solely on the special interest of a handful of companies. The judicial review process is an essential element of U.S law and serves as a vital check on any Federal Agency decision that may negatively impact human health, the environment or livelihoods. Yet this provision seeks an end-run around such judicial review by preemptively deciding that industry can set its own conditions to continue to sell biotech seeds, even if a court may find them to have been wrongfully approved.

The provision further forces USDA to immediately approve any permits for continued planting the industry requests, putting industry completely in charge by allowing for a “back door approval” mechanism. USDA’s duty is to protect the interests of all farmers and the environment, a duty that would be eliminated by this provision.

The provision is also completely unnecessary. No farmer has ever had his or her crops destroyed. Every court to decide these issues has carefully weighed the interests of farmers, as is already required by law.

I strongly oppose the “Monsanto protection act” and urge you to support language in Senator Mikulski’s proposed continuing resolution that would strike this rider.

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