When others get to decide how you live...

Posted by $ blarman 8 years, 11 months ago to Culture
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... and how you use your land, you don't have property rights any more.
SOURCE URL: http://www.oregonlive.com/pacific-northwest-news/index.ssf/2015/05/federal_judge_refuses_to_block.html#incart_river


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  • Posted by dbhalling 8 years, 11 months ago
    Another myth about GM crop that is often relayed by critics is how organic farmers have had their crops “contaminated” by GM crops causing loss of certification or being sued by the companies that own the patents on the GM crops.

    Both GM agriculture and organic agriculture have flourished in the past 20 years. In all that time there has not been a single example of an organic farmer losing certification for trace amount of GM in their organic fields.

    Likewise, no organic farmer has ever been sued for trace amounts of GM showing up in their organic field.

    http://www.civilbeat.com/2014/07/science...
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    • Posted by AMeador1 8 years, 11 months ago
      Even if I'm not sued - doesn't change the fact that my customers want non-GMO. If my seeds are infected with GMO, I have to re-spend money to make sure I'm not selling GMO product to my clients in future years. That's an extra expense on my part. It is not the case the other way around. If my heirloom varieties cross pollinate with their GMO - it won't hurt their current year's production and they are re-buying seed to plant the following year. The non-GMO farmer is the only one at a disadvantage here - incurring additional costs with doors open to lawsuit.
      I have no interest in Organic Certification - I have an interest in selling what I advertise. And I can't do that if my crop gets contaminated - without re-buying new seed.
      And, read my earlier post. I'm not ok with regulation on the matter, just the option to have my case heard in court if I want to argue it before the offending farm operation is allowed to move forward. Thus my agreement with not allowing the offending farm to move ahead without hearing the case.
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      • Posted by $ 8 years, 11 months ago
        "Even if I'm not sued - doesn't change the fact that my customers want non-GMO."

        Absolutely, and if that happens you have a real claim on damages and adjudication for such. And I fully support you in your claims.

        "The non-GMO farmer is the only one at a disadvantage here."

        What you have are competing business models. The GMO-reliant farmer pays a higher cost for seed in the hopes that they can have a higher yield and lower maintenance costs as a result. If their seed gets cross-pollinated with a lower-yield heirloom variety, they have spent that extra cost in seed and chemicals for naught. But they have no claim against the non-GMO farmer for their losses! (BTW - I used to work for a company that worked for farmers hauling sugar beets and had a friend who worked for Monsanto, so I have more than a passing knowledge of both sides of the industry despite my tech background.)

        The purpose of the post was not to get into the merits of GMO vs non-GMO, but to point out that this particular judge's ruling effectively sidelines the facts of the case. By ruling against a stay of enforcement, the judge is saying that there is zero merit to the complaints of the GMO farmer who is to be impacted by the ruling even though the hearing hasn't taken place yet! The judge is basically telling the legislature that their efforts won't face judicial review. That to me is wrong regardless of my stance on GMO.
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        • Posted by AMeador1 8 years, 11 months ago
          I don't see this comparison - they would have to buy their seed every year regardless - and granted this is their business model, but they don't have to buy seed the next year because of my pollen cross pollinating their produce - whereas I would. They could still sell their crops regardless of this issue. Their plants will produce the volume and size of fruit regardless of my pollen getting into their crops.
          That is not the case for more - they would be causing me the problems and financial hit. How do I make them pay for damages without proof? By taking a random sampling of my produce and having it DNA tested, then hiring an attorney, then going through the whole set of court motions to get what? Maybe fair market value? Maybe all of my time invested in dealing with the whole law suit? Maybe getting all of my DNA testing money back (assuming I could afford to have that done in the first place)? Against a behemoth like Monsanto. That's just not realistic. Court is slow. I could very well be into multiple years of the same suite from year to year before being awarded anything - if anything. Quite simply they would have the resources to run me out before it even got started.
          And - I have posted multiple times on this thread that I think the farmer should be help up until the case is heard - not simply tossed out and not heard.
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          • Posted by $ 8 years, 11 months ago
            "Against a behemoth like Monsanto."

            You have no case against Monsanto. Your suit would come against the neighboring farmer for contaminating your crops through his negligence. Regardless, no lawsuit can proceed unless you can prove damages and allege causation. I'm not saying it wouldn't be a pain in the pocketbook, but you open a huge can of worms by proposing to allow a preemptive judgement where no actual damages had yet taken place and where there was no certainty of future damages. Yes, it might be inconvenient, but the other choice you are presenting is to prevent the other farmer from running their business entirely.

            Can there be the case where both can operate side by side? I don't know. There are a lot of variables over which no one has any control. I am simply contending that it is premature to assert damages before they are evident and can be physically ascertained. Just courts do not rule based on speculation, but on evidence: past vs future.
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            • Posted by AMeador1 8 years, 11 months ago
              Ok, you are correct - not Monsanto in this case, but the actual farmer.
              And, also, I agree - you cannot sue for damages without damage. I stated this somewhere else in this thread that I may have misunderstood to original issue. I thought the judge said in the case that he was staying the farmer from planting GMO seeds until the merits on the case were heard. But, if the case is that a non-GMO farmer is suing for damages when the damages have not actually occurred - that is wrong. I guess what I've been arguing for is more of an injunction against the someone being upheld until the merits of the case were heard. Not in relation for 'potential' damages.
              And I agreed with your last comment. Farmers need to figure out how to work these issues out, but I think it will be very messy. I think there are too many grey areas that simply don't have good answers. Like how far apart they should keep their crops - 100', 200', 300', 500', a mile? Like I said in one of my other comments, pollinators like bees have a large travel area. Wind... How could you possibly measure that effect!?! Full, hazmat level, sealed greenhouses or high tunnels? This is just another of my concerns for GMO. It was much simpler with heirloom and hybrid, but even that has many of the same issues.
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      • Posted by $ jlc 8 years, 11 months ago
        Interesting input. Thank you for your 'from the trenches' perspective.

        Jan, thinking now
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        • Posted by AMeador1 8 years, 11 months ago
          Thank you! That's really all I want is for people to think and look at all sides and be rational. :)
          I REALLY dislike regulation, but I don't think it makes sense to wait for the damage to happen before trying to put a stop to the activity in the first place - BUT that does mean having a hearing with thinking, knowledgeable, and rational people being involved.
          Damages don't always equate to fair in these matters. Proving the case can be even harder and more expensive. I'd hate to be in a position to have the pay for genetic DNA testing of a sampling of my small crops. That is itself would be more than I could pay for I'm sure.
          I also dislike the idea that some religiously environmentalist could move in next door and take me to court every time they think I'm doing something evil to the environment.
          I see the potential issues and ramifications - but haven't settled on a viewpoint that I'm comfortable with.
          Objectivism is not so clear cut as it initially appears on such issues. Especially when such outcomes can so easily be foreseen. I want to say - "my property and I'll do what I want with it!" But I can understand how that could be abused - and under our current system - not justly valued if it goes wrong.
          I guess I would hope that the neighboring farmers would value each other enough to not do these things to each other in the first place. But, until everyone is a rational, educated, objective minded person - you have such court cases.
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          • Posted by $ WilliamShipley 8 years, 11 months ago
            There is an interesting reverse version of this situation. Over the years we have genetically altered cotton via traditional methods to make it white. Cotton naturally had other colors.

            Sally Fox began growing Foxfiber, naturally colored older versions of cotton. She promotes that they can produce colored garments without the use of dyes and has a specialty market.

            Originally she was trying to grow these crops near Bakersfield and the other cotton farmers were upset about the potential for these colored cottons to cross into their all white versions.

            The opposition drove her from the area and she is now located in Northern California.
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            • Posted by AMeador1 8 years, 11 months ago
              That is a concern - but again, these white cottons were made white by selective breeding, not genetic engineering.
              But, yes, even supposed "heirlooms" are nothing but natural hybrids. The idea that any of them are 'pure' is really a falsehood, BUT they were done through natural processes. Our modern hybrids - can be cross bred as well to produce other varieties and can be selectively chosen for certain characteristics. But blasting them with radiation, injecting them with heavy metals, introducing completely foreign DNA sequences is my issue...
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              • Posted by $ WilliamShipley 8 years, 11 months ago
                I think that in this case 'natural' means "they way I am used to doing it". These things aren't natural, they involve human intervention in natural process called selective breeding. This is no more natural than Genetic Manipulation, it's just older.

                I'm a big fan of Boxer dogs. Unfortunately the breed has a couple of common flaws one of which is a heart defect. Breeders are making significant efforts to remove these genes from the Boxer genome. This involves genetic testing and monitoring young animals for 48 hours for any heart arrhythmia prior to breeding.

                This would have been a lot easier if they picked the genes they wanted to transfer rather than doing crosses to see what they get. Natural is not always safer.

                As to foreign DNA, any viral infection will do that to you.
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                • Posted by AMeador1 8 years, 11 months ago
                  No, that's not accurate. I will never get lightning bug DNA into a corn plant no matter how long I put them next to each other or try to selectively breed them. I will never get a bear and lion cross to happen no matter how long I put them next to each other or try to selectively breed them. I will never get sheep to produce spider silk no matter how long I put them next to each other or try to selectively breed them.
                  And no, any viral infection will not transfer new DNA sequences into you DNA code and convert you into some hybrid with whatever it came from.
                  I think the difference in what we are talking about here is transgenic verses cisgenic. And in any case I'm not convinced that either is without consequence when they are done the way they are. But, I do believe transgenic manipulation is asking for trouble. Cisgenic is not as bad - at least there, they are naturally compatible species.
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                  • Posted by johnpe1 8 years, 11 months ago
                    transgenic = incompatible living things' genes introduced

                    cisgenic = compatible living things' genes introduced

                    right? . had to look them up. -- j
                    .
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                    • Posted by AMeador1 8 years, 11 months ago
                      Basically, yes.
                      transgenic = material from another species is added to the host
                      cisgenic = genetic material from the same species or a species that can naturally breed with the host
                      With transgenic - we have no history to use as the basis for comparison or to see what the effects have been and thus no real ability to know what may happen in the long term.
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                      • Posted by johnpe1 8 years, 11 months ago
                        so, with so much GMO stuff out there, we are
                        already in a who-knows-what stew (frankenstew?)
                        of stuff which will have consequences in our future.
                        how interesting! -- j
                        .
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                        • Posted by AMeador1 8 years, 11 months ago
                          Potentially, yes!
                          But, from what I gather, GMO has not really hit the direct produce you buy in the store to much, but more of an issue from where it is used on other stuff like the grains in bread, and such. But, they do have GMO options for things you'd buy in the produce isle. Like with corn, if these start getting mainstreamed, it will make it more and more difficult to get produce that does not have mix of GMO in it over time.
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                          • Posted by johnpe1 8 years, 11 months ago
                            wellsir, I eat bread, and I feel completely normal,
                            normal, normal, normal, nrl..........................
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                            • Posted by AMeador1 8 years, 11 months ago
                              Yes sir,
                              I bet LOTS of people felt normal at some point in their life and then ended up with cancer, heart attacks, stroke, etc... So what exactly does feeling normal, normal, normal nrl have to do with it?
                              Like I said in another post, when x-ray was first available it was played with like a toy - in fairs where people could walk in front of it to see their insides in real time. Shoe stores used them when sizing for shoes. And a long time later they started realizing that there was a correlation to increased rates of cancer. I'm sure at the time they felt normal, normal, normal too. I'm sure many of the people that were exposed in these ways never got cancer or had any symptoms. But in hind sight NOW we know better.
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          • Posted by $ jlc 8 years, 11 months ago
            This is a point that I have made on other threads. The truth of the matter is that 'what you do on your own property' does not necessarily _stay_ on your own property. The example I used was noise pollution, but pollen is an excellent example - one that would never have occurred to me.

            I am tremendously in favor of GMO crops, but you have posed a well constructed problem that goes like this:

            1. I, as a person, am not opposed to GMO.
            2. My customers are.
            3. Ethically, I sell what I say I sell.
            4. I say I sell organic heritage produce.
            5. If GMO pollen contaminates my plants, then the next generation of seeds will be heritage/GMO hybrids. I will not then be able to ethically label my crops as heritage.
            6. The market does not support the additional cost of my buying new seeds every year.

            "Pollen" is a physical substance, but one over which we have little control. If a herd of "cows" crosses a property line and damages a neighboring farm, we have ample precedent for considering this the responsibility of the cows' owner (even it he is not negligent). If a herd of "pollens" cross a property line, we really do not know what to do.

            Jan
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            • Posted by AMeador1 8 years, 11 months ago
              Yep, I agree.
              And for the record, I'm not outright opposed to GMO's - it is as you stated - If that's what I say I sell, then that is what I sell. And although I am not outright opposed to GMO, I am skeptical of its long term effects on us. People are too willing to screw around with nature and think they can control it. GMO's are unnatural creations - combining thing that could not combine in nature. Thus we just don't know how they will effect us in the long term - or even the environment. Look at how well we have done with introduced species of plants, animals, bugs, through history. For all practical purposes - these GMO plants are new species. Like I said - I'm very cautiously skeptical for now - and probably will be for quite a while. I don't want to ban the choice of others to go that route - I just don't want to farms that do so, to kill out any other option either.
              The cow analogy is a good one - and true. But get down to those little things like pollen, bees, etc.. that's kind of new territory.
              Noise pollution - hehe how about light pollution ;)
              Yeah, I like I said - I hope people would just value each other enough to adjust. If you had a floodlight shinning right in my bedroom window at night - I'd hope I could say something to you about it and you'd have the common courtesy to alter it in some way to not drive me crazy. Same with noise. I don't like the regulation approach - but what about when you have a jerk neighbor to tells you to piss off? Again, I think maybe peer reviewed court hearing. Not sure. Me personally - I would put something over my window to keep from having a feud. I have only experienced a couple of neighbors like that in my life - I eventually found something I could do that annoyed them back - eventually we agreed to eliminate both issues and were fine - just didn't deal with each other. Suited me. BUT, if really need be - I think court verses regulation.
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              • Posted by khalling 8 years, 11 months ago
                Talking about the precautions taken by farmers of GMOs and tradional seeds to avoid cross pollination
                http://www.geneticliteracyproject.org/20...
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                • Posted by AMeador1 8 years, 11 months ago
                  But they do confirm what I am saying in that they can contaminate neighboring crops. And they use distances of x number of feet to separate the growing areas. However, those numbers are arbitrary. Do you think bees only travel a few hundred feet when pollinating? Bees can have a mile or more travel radius. Granted - I think most bees don't travel that far unless under extreme conditions, but 500ft - 1000ft. Yes - probably fairly common. I have berry bushes that the suppliers say to keep 100ft or more apart from each other so pollinators won't travel between them and spread disease. So the same should apply to flower/tassel pollination, but this article suggests 200 or 300ft or so. But I know bees travel much larger distances... and how to measure to effect of wind... The point is - it happens. If my crop gets contaminated by another heirloom or hybrid crop - I could still sell them as non-GMO - but not when contamination by GMO.
                  It's nice that they are at least trying, but this article and the NPR article you posted do not invalidate my argument about additional costs and potential crop/seed loses. Whether many or most seed purchasers buy, does not resolve the issue for those who do.
                  The one article made the point that getting corn that doesn't have some amount of GMO in it now is difficult - if other GMO items like tomato, spinach, lettuce, etc... make their way into the market - this will be the end result with them too. It will make non-GMO strains more and more difficult to maintain as cross pollination will happen - and at further distances cited in this article.
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              • Posted by $ jlc 8 years, 11 months ago
                Where law and regulation are concerned, you always have to assume that the neighbor is a jerk-neighbor, or the law is useless. I am in favor of 'a few big laws' and not 'a ton of crappy little regulations'.

                "Your right to throw a blow ends at the tip of my nose." is a good big law. What we have to decide is if the 'pollen' is a 'fist'. And questions come up: What if I am doing kata and someone walks into my space and gets hit? Is that his fault or mine? This is directly related to "If I have been growing my crops here for decades and now you decide to plant an organic farm downwind, should this be 'my fault'?"

                These are important questions that relate to what an individual is responsible for.

                Jan
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            • Posted by johnpe1 8 years, 11 months ago
              Jan, any plant selectively placed adjacent to another
              of the same phylum (group -- whatever) is bred like a
              genetically modified organism. . what is the distinction
              which people call "GMO" -- is this apparent? -- j

              p.s. AMeador1, could you answer this? . I see the
              definition using the term "non-natural means" but don't
              know what this designates.
              .
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              • Posted by $ jlc 8 years, 11 months ago
                There are two questions in your question, johnpe:

                (1) what are the actual differences
                (2) what will the market support

                Fortunately, we are in a group of folks who understand and respect the importance of economics.

                Let me answer as I see it, and we will let AMeador correct me where I am wrong.

                It is really not a question of GMO. Let me suggest that if I had a natural tomato plant and my neighbor had a natural pork plant and they could cross breed, then my next generation of seeds would be tomatopork seeds. But my customers are Muslims and will not eat tomatopork produce, so I must keep my tomato plants pure and free of pork plant pollen.

                In this case, things labeled GMO are considered religiously offensive to environmentalist - and it does not even matter if there are foreign genes in the genome of the plant in question or not. Once a plant is labeled GMO, then it compromises the ability of the neighboring farmer to collect seeds for his next crop IF he is ethical and wants to label his product accurately for the market.

                Jan
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              • Posted by AMeador1 8 years, 11 months ago
                Jan (jlc)'s post's is a good analogy to part of my issue in this case - the business aspect of it.
                Take a look at this wiki article on some explanations about how GMO is plant modification outside of normal natural means:
                http://en.wikipedia.org/wiki/Genetically...
                As an example I had read an article many years ago where a GMO corn had been modified to contain some of the DNA from lightning bugs to improve their color to give them a more vibrant yellow color. I just tried to Google for it and can't find it - this was probably 10 or 15 years ago and I don't recall the source - I think it was a magazine article.
                Obviously a lightning bug and corn can't naturally breed. In the link I included, there use forceful DNA injection to add things like where GMO plants can produce their own insecticides to keep them from being eaten by bugs - but don't we then eat it?
                Granted there is some GMO where they are using same types of plants and combining them the create a hybrid - but in the same was as it naturally happen? No, so are the outcomes the same - maybe - but I don't know. Nor do they. Again, my issue with the long term effects.
                But where species that would not normally breed are being forced - I don't like the idea - especially when your adding who knows what from other kinds of organisms like bugs, fungi, etc...
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                • Posted by $ 8 years, 11 months ago
                  I think one thing that should be pointed out is that most of the genetic modifications taking place are to immunize the _plant_ itself against everything from pests to herbicides (Roundup) to drought. But what should be recognized is that the changes to the plants themselves have not been shown to negatively affect the food value of the fruit. That is key in my opinion.

                  My parents have been using and developing recipes that use food starch from a GMO corn called waxy maize for 25 years now. They sell the product under their own label and many of their recipes are geared towards addressing nutritional needs in their clientele such as diabetes, Celiac's, hyperglycemia, etc. Their product is an alternative thickening agent in everything from pie filling to gravy to jams and jellies. It is superior to standard corn starch in every way we've come across in those 25 years of use.

                  Granted that this is just one example, but in having watched very closely the California case regarding use of GMO sugar beets a few years ago, what was brought up there was that there has never been a single demonstrated case of the fruit of a GMO plant being the least bit toxic to the consumer. Am I contending that they will never occur? No. I believe highly in the Jurassic Park philosophy of "but they were so busy with whether or not they _could_ that they didn't stop to think if they _should_". IMHO, the largest bugaboo still outstanding are the potential effects on bees, but to this date I am not aware of any study which links any effect of GMO plants to bees. Such would indeed be a major development.
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                  • Posted by AMeador1 8 years, 11 months ago
                    But GMO pollen can contaminate other crops - producing seed which will grow new plants hybridized between the non-GMO and the GMO varieties. If that can happen then the fruit/seed also has the GMO modifications in it as well. If we eat the plants, or the fruits, we still get the modified DNA and then resulting changes brought forth in the plant and their fruit. I'm much more content with hybrids than GMO. I agree with the Jurassic Park philosophy too - these GMOs are scary - brilliant - but scary and only the future will tell what they will do/not do. I just think the idea that they can manipulate these things the way they are doing it and have any long term predictability as to the outcome is nothing more than wishful thinking at the expense of everyone who consumes them directly or indirectly.
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                    • Posted by khalling 8 years, 11 months ago
                      this is fear mongering with no evidence to support your claim: scary, unhealthy, long term side effects
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                      • Posted by AMeador1 8 years, 11 months ago
                        You are unwilling to consider reality and the science behind what you are supporting. I think if I told you that you were going to get blown up by pressing the trigger button on a bomb you would say the same thing - you're fear mongering and have no evidence to support your claim that THIS button will cause that THING to blow up... until you press then bottom and BOOM! You're not there to argue the point any longer. It's called patterns, using wider knowledge of scientific mechanisms, broad knowledge verses than looking through a narrow crack. "Jurassic Park Philosophy", chaos theory, whatever. You choosing to BELEIVE that there won't be any issues with it doesn't make rational concerns based on scientific observations incorrect. People used to think playing with x-ray equipment was fun an non-consequential. Oh, but they were wrong about the effects of radiation on their bodies. But hey, lets radiate the crap out of plant cells and embed foreign DNA sequences - how could that possibly have any negative consequences. I think you're missing the Randian point of question everything and learn, don't blindly follow and simply believe. I'm using a lot of experience, scientific education, past experience with people trying to alter nature with bad consequences, etc... Not to mention the fact that I have consistently said that I don't want to ban GMO, and recognize that it does have some great potential - but my concern it that this potential could be good and bad and only time will tell us which if we keep playing with fire. But in life it seems most thing have their good and their bad - I think it would be very foolish to assume we will only see to good come of this. But hey, it's progress right ;)
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                        • Posted by $ WilliamShipley 8 years, 11 months ago
                          The problem is that you don't actually have any problems to point to. GMO food is safe. Everyone with expertise who looks at it says so. We all eat it. It's better for us. It uses less water, and less pesticide. It's better for the planet because we've used our intellect to craft the world around us.

                          Your 'concerns' are in the nature of 'what if', and horror at the idea that genes found in one species have been placed in another. So what, we share a large portions of our genetic material. If you want to add the ability to create a protein, add the gene for it.

                          And, we play with fire all the time. The ability to cook food is potentially the source of the additional energy that has let us grow our brains.
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                          • Posted by AMeador1 8 years, 11 months ago
                            Every expert that looks at this does not say so. Here's something to review: http://www.responsibletechnology.org/hea...
                            You are looking at a tiny spec of time in history to make the assumption that this is safe. There are plenty of articles to go read where there are experts bringing up concerns about negative side effects from GMO's and what they believe is evidence to support their claims. Now, I don't have access to their research to see if they are full of it, no more than you have access to the research done by those claiming it's safe - to verify they did full, complete studies with proper testing. The fact is neither of us 'know' which experts are right and which are wrong, and maybe, based on their studies, they're both right in certain circumstances. I prefer to err on the side of safety and what I can verify with my own two eyes. Statistics is a BS game that can create practically any outcome desired - is it in the interests if the GMO producers to produce evidence that their product is bad? If there are no flaws in the GMO products, why are so many experts expressing the same concerns I have? If GMOs are fine with no side effects and consequences, then by all means - let's turn the GMO factories on high. But I will not blindly follow the crowd - or the so called scientific consensus cited in some articles I've read. Consensus does not science make. My what if's are based on prior experiences with experimenting with nature - introduced species of plants or animals, effects of radiation and heavy metals on living things, the fact that we share nearly 99% of our DNA with chimps - showing how only a 1% variation means an awful lot - I can't ignore the fact that it is worth being cautious over. I find it ridiculous that you and others are not even willing to consider the fact that there could be problems with this. I consider the fact that it may be fine, but I have too much opposing reasons to blindly accept that it's safe. Plus like I said, every new pattern they create is a new combination that has no study to go by, especially in the realm of transgenic manipulations.
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                            • Posted by johnpe1 8 years, 11 months ago
                              AM, I share your concern. . I read a ton of science
                              fiction, growing up, and went on to be a design
                              engineer responsible for public safety. . it's very
                              enticing to me that we can "force evolution" by
                              changing the DNA of living things. . yet, natural
                              selection takes "forever" and leaves the bad mutants
                              behind in the scrap heap. . ALL of the consequences
                              of a forced mutation can't be known in advance,
                              I am sure. . so, we take risks. . if I had invented
                              the Daisy Can Opener, I might not have considered
                              the fact that it could be used for human torture.
                              we just must take our best guess and go, don't
                              you think? -- j
                              .
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                              • Posted by AMeador1 8 years, 11 months ago
                                No. If I want to accomplish a project on a critical system and the methods I consider have a very real potential consequences that it may cripple or destroy a working system, I would err on the side of safety and say we have something that is working and that the risk in bringing that system down for an untested and untestable new system is not worth the risk. Maybe if we knew the current working system was about to implode and something HAD to be done to replace it - tested or not, then I would agree to proceed - given as much testing that could be done was in fact flushed out. It just depends on the need, current systems in place, possible consequences, etc... War gaming per se. It is the scientists job to try to consider all the possibilities and weigh them and test them. In this particular case - there is not a dire need. All the potentials in my opinion have not be weighed out. The potential consequences could be severe. It's not a combination I would move forward with if it were my call - again - targeting transgenic organisms. Cisgenic organisms would still be on my radar as well. I don't know if I'd hold on that project or not. I'd like more knowledge on the details. But, considering the fact that many very good quality non-GMO hybrids have popped up in the last few decades - I just don't know that I see a justifiable need to take such potential unknown risks with something so important as our food supply.
                                I'd much prefer looking at improved farming methods - like bio nutrient systems - healthier products based on healthy biological systems remaining in tact via minimal tilling practices. Better water management systems. Multitier growing systems to get more per area. So on and so on. But, we don't like spraying pesticides on our food and eating the produce - so the solution is to embed pesticide into the plant? We like prettier food so we embed glowing bug DNA into them? We don't want to eat chemicals sprays on our corn, so we alter the plant so we can spray them with herbicides to kill everything else besides them? Even if the GMO aspect of that is found to be safe - is the herbicide traces on the food ok? What does that do the biological systems in the ground like the beneficial bacteria and fungi? What about the beneficial plants in the same area? For example - in a bio nutrient approach you could plant clover with the produce you're growing. The clover will fix nitrogen which the produce plant can then use. Both help maintain soil microbial quality and can be a ground cove to maintain the microbial systems when the produce crop is done - verses becoming a baron microbial system destroying zone until a future planting. Without the active microbial systems in place and a full mineral spectrum available, the produce collected will be lacking in proper nutrient value anyway.
                                Anyway, you see my point.
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      • Posted by dbhalling 8 years, 11 months ago
        Infected? Definition. This is all environmentalistmumbo jumbo. Why do you get the right to decide what others can do with their property? Is you concern based in reason? Can you be accused of the same thing? Aren't your products likely to "infect" other people's products? If so who should bear the burden of isolating themselves?
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        • Posted by AMeador1 8 years, 11 months ago
          Infect: "to taint or contaminate with something that affects quality, character, or condition unfavorably" - That fits my argument just fine.
          I am not an environmentalist. Never said I was and quite frankly think environmentalism is a religion in and of itself - dedicated to the "belief" in nature/environmentalism without true consideration of actual scientific facts. I would maybe call myself a rational conservationist, but environmentalists generally don't like me. What I am speaking of is the science of GMO and on weather or not someone can do something to my property against my wishes.
          Yes you are correct - my heirloom products could infect others around me growing the same kinds of things - however - luckily for me - I have no nearby neighbors and the likelihood of that is very small as compared to a large farm growing a large crop right next to mine.
          I have wanted to buy some larger land to expand my operation, and proximity other farms is an issue I will have to consider when I eventually do so. Especially since I have considered the idea of growing heirloom seed for the purpose of the seed being the primary item I'm selling. This makes this even more of an issue than I'm interested in.
          Much like Jan said above - if their pollen is "infecting" my crop and by their crop coming onto my property it is going to cause my operation harm - I would want them to stop BEFORE doing the harm. Extending Jan's analogy above, if the farmer next door told me he was going to get a herd of cows and let them loose on his adjoining portion of my property WITHOUT putting up a fence - should I really have to wait for his cows to destroy my crop before being able to do something about it? Anyone who's been around cows - knows - if there is no fence - they WILL invade my crop. No differently than their pollen that WILL invade my crop. They idea that you think I should wait for crop damage and then go to court seems odd. If you have a neighbor with an aggressive dog - and you have no local ordinance regulating dogs - do you wait to get bitten or have your kid get bitten or killed before you do something about it?
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          • Posted by dbhalling 8 years, 11 months ago
            Provide evidence for your fears. Not only is the burden of proof on you, but you are asking something extraordinary of your neighbors, which means the burden should be on you.
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            • Posted by AMeador1 8 years, 11 months ago
              I am stating evidence. I don't need to cite another source. Study biology. If I sell crops of non-GMO to clients that want non-GMO and a neighbor plants GMO - my crops will have a high likelihood of having cross pollination. Period. If I were operating first and new neighbors came into the picture, it would not be asking a lot for them not to put my crops in danger. If we were raising the same GMO crop or different species of crops, then I decided to go for non-GMO of the same plant type they are raising, then yes, I'd be a donkey's rear end for demanding that of them. If I buy a piece of property to farm, I will consider what the neighboring farmers are doing with their land before I buy. Common courtesy.
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    • Posted by davidmcnab 8 years, 11 months ago
      There was a case of a non-GMO farmer (not sure if organic) in Canada who was sued for IP infringement because GMO pollen hit his crops from up the road, and he sowed the seeds produced by these crops, unaware they had GMO DNA. Lower courts supported him, but Monsanto threw their full legal war chest at him, and finally the Supreme Court sided with Monsanto.

      This has huge adverse ramifications for common law, since the guy did not go through the normal phases of a contract - offer, acceptance, exchange of considerations, informed agreement. To me, this goes against every tenet of free trade and (non-IP) property rights. At the very least, it pits one form of property rights against another.

      To use an internet analogy - how would you feel if you noticed your computer running slightly faster and better? Happy, I'm sure - and you'd just go about your business. Then, how would you feel if you copped a lawsuit some months later from a software vendor, saying that you're pirating their IP, and it turned out that their software was installed without your knowledge or consent via a virus you accidentally picked up when you were simply just visiting a website? Would you feel violently offended, and fight them with everything at your disposal, or would you sheepishly just pay them the legal remedies they were demanding?

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      • Posted by $ WilliamShipley 8 years, 11 months ago
        The account I read indicated that he discovered he had some cross pollination and explicitly saved the seeds from that area for future planting. This deliberate act was the reason for the decision going against him..
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        • Posted by davidmcnab 8 years, 11 months ago
          If this is indeed true, then it worries me if the coverage did in fact leave out this most pertinent factor.
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          • Posted by $ jlc 8 years, 11 months ago
            If you follow the second of khallings links, above, it goes into the Monsanto case, including the fact that the farmer sprayed the field with Roundup and kept the seeds of the plants that survived. The Canadian Supreme Court ruled that he had violated Monsanto's patent but had received no benefit from it so he owed Monsanto no money.

            Jan
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        • Posted by davidmcnab 8 years, 11 months ago
          Interestingly, the coverage I saw made no mention of him "deliberately keeping then planting seeds he knew contained GMO DNA". What was the standard of 'proof' used to arrive at that finding?
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          • Posted by $ WilliamShipley 8 years, 11 months ago
            From the appeal decision:

            "In 1996 a neighbour grew Roundup Ready Canola on a field diagonally adjacent to Schmeiser's field. In 1997, Mr. Schmeiser noticed that a large number of canola plants from seeds saved from the field survived his normal spraying with Roundup for weed control along road allowances. He tested a section of the field by spraying it with Roundup, and 60% of the plants survived. Seed from that crop was used to plant all of his fields in 1998."
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  • Posted by Herb7734 8 years, 11 months ago
    This whole topic is way too complex for someone such as myself to understand all of the subtleties and fine points. However, there is one thing I do understand. It's OK for a knowledgeable person to adjudicate conflicts, but it's not OK for the government to mandate procedures. Sometimes this may be a fine line, but it's a line that never should be crossed. Never!
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  • Posted by plusaf 8 years, 10 months ago
    Dang... trying to remember where I read in the past week or two about Organic Farming and its impact ON the California Drought...

    It seems that OF has such low yields per acre and uses much more water to produce those crop yields that some folks HAVE done the math and figured out that CA's excessive water consumption by Organic Farmers has contributed to the shortage of water in the state.

    Go figure... another unintended consequence of a cult movement.

    Enjoy!
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  • Posted by $ MichaelAarethun 8 years, 11 months ago
    There are no property rights any more is a true statement. What you buy is the right to pay taxes on the government's land. I seem to remember Utah was the last holdout. My response was to let someone else pay the property tax and so far it's worked quite well. People get what they ask for so why not get the privilege of paying the bill.
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    • Posted by AMeador1 8 years, 11 months ago
      Yeah - permanent rent. Deed of lease. Don't pay your property taxes and see how long it's 'yours'!
      Makes me temped to quit everything, buy a motor home and move from free federal park to free federal park and keep my money - but then they'd get my fuel taxes :(
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      • Posted by $ MichaelAarethun 8 years, 11 months ago
        True where I hang out as well. But only when I buy fuel. Which amounts to less than ten gallons a year on long term average and four propane refills. I may be wrong but how many of those federal parks are free anymore and how many are free of federal police?
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        • Posted by AMeador1 8 years, 11 months ago
          That's pretty good. At least where I live the Federal Park is huge and manned very little - plenty of free access - but I suppose this could be different elsewhere. Can't say I've looked in to it really - just my gut reaction every time we fill out taxes and see how much we're paying in income taxes. Our property tax is really very low in comparison to most places, but they make up for it in state income taxes. Our home is in major need of major repairs and we've been sinking everything we have into it for years trying to fix it, yet we pay huge taxes for others the live in better housing than we do. That's what we get for buying what we could afford with plans to fix it ourselves I suppose.
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          • Posted by $ MichaelAarethun 8 years, 11 months ago
            You stayed within your means and are making it your home as much as is possible. Your state is the house in need of repair. If you don't have recall and initiative find out who is in favor and back them. At the lower levels pull all support from the Government Party no matter if the neighbor next door then replace them with something more suitable. the party of My Town will do as a beginning.
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  • Posted by johnpe1 8 years, 11 months ago
    this is disgusting. . we have a tree farm, currently
    managed by Ma Nature, but if we wanted to plant
    some "super-trees" we couldn't? . so, ya gotta have
    a driver's license for trees? . aaaarrrrgggggghhhhh -- j
    .
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  • Posted by AMeador1 8 years, 11 months ago
    I think this is a bit complicated. First, I am a small part-time farmer. Even though I am small, I am still commercial as it is being sold - it is a business - whether small or large - it's still commercial. I cater to farmers markets, local restaurants, local health food stores, etc...

    Many of the customers I sell to are looking for non-GMO and such. So, my crops remaining untainted by local GMO crops, is important to my small commercial operation.

    GMO is not hybrid. Cross pollinating of heirloom strains produce hybrids. I suppose Hybrids cross pollinated with other hybrids would produce other hybrids - but predictability and consistency of output would be hard to determine at best.

    So, if I intend to use some of my current crop to collect seeds for the following year's crop, neighboring farms plantings would cause me to end up with seeds that are no longer the strain I started with. The idea that no commercial operation uses heirloom varieties is not correct.

    Additionally, from my understanding, is that the large companies who invest in producing GMO strains, have and will try to shut down via lawsuits, surrounding farmers if they determine that you have plants with their GMO patters in them. So, if they plant a GMO crop (and even their hybrids) next to yours and you use seeds from your crop in the following year, you future plants will have genetic patters containing their hybrid and GMO - patented strains. They will then sue you because you didn't buy those seeds from them.

    This is plain biology and is an anticipated and expected result. Cross pollination will happen when planted in some proximity to each other. That distance is not a set distance either. It depends on the pollinators involved. Bees, birds, etc... Size of plantings, prevailing winds, etc...

    But there is no question that it can contaminate heirloom strains. There is no question that there are many people and particular clientele that do not want GMO.

    With that issue and potential law suits from companies suing over "stolen" patented strains, there is very real pending damage that is almost guaranteed.

    Stopping the companies from planting these crops related to this law suit and waiting to see the research, findings, and hearing the arguments makes sense.

    I am not anti-science by any means. BUT I also say that the science is not there yet in relation to GMO - there simple can't be in the short term. Complications from GMO could take decades to emerge and even longer to determine that they are the cause. Hybridization is a much different creature than GMO. Hybridization is normal in nature. GMO is not. GMO allows introduction of completely - normally incompatible genetics - to be brought together (such as lightning bug DNA in corn). That does not happen in hybridization and selective breeding.

    We would not want a farmer dumping excess weed killer next you property - causing mass plant death on your property - and being told to wait until they do it (destroying your plant life) before you could file for a stay in the courts.

    I am also very anti-regulation... I suppose in this case, filling for some kind of stay in the courts until you can argue your cases would be better than regulation, but even that could be abused.

    My overall point is to make sure you understand that there is valid argument on the side of the commercial operations (in my case - small) going up against large GMO-using farms and the GMO seed companies.

    As far as how to deal with it, I don't know right now - but to simply let them do whatever they want when the outcome is so predictable doesn't seem right either. No more than toxin dumping or other obviously bad practices.
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    • Posted by $ MichaelAarethun 8 years, 11 months ago
      There is or was an operation in Cottage Grove Oregon just south of Eugene Oregon that specialized in such base seeds. Advertised in Back Woods Home and the other self sufficiency information sources.Edited Easier to find than I thought it's a Cottage industry with more than company in Cottage Grove Google Territorial Seeds Heirloom seeds etc.
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    • Posted by $ 8 years, 11 months ago
      As I posted below, I believe that there are actually two circumstances that bear scrutiny. The one is the civil case of the GMO seed company suing for incidental use. The second is the civil case of one farmer suing another for damages.

      In the first, I think there is an opportunity to declare a Fair Use standard for incidental use. I don't agree with the seed companies being able to go after any farmer for incidental use - especially if they didn't plant the seeds.

      In the second, however, I think it is necessary that one show actual damages. Cross-pollination between GMO and non-GMO is a far cry from toxin dumping. What is possibly affected is the market to which the product may be sold and the resulting revenue. All of that is measurable and can therefore be weighed as actual damages. But to preclude one method of doing business by legislative fiat in favor of another is nothing more than blatant favoritism and subsidy.

      The thing that stuck out most to me in this article was that the judge denied the stay. That ruling effectively was a ruling which effected a verdict in favor of the government even before the case could be heard. That to me is incredibly dangerous.
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      • Posted by AMeador1 8 years, 11 months ago
        Maybe I'm misunderstanding - I think the farmers should have been stopped from proceeding until the arguments are heard.
        Dumping toxins is not different. If you are a farmers growing a completely different crop - and my toxin is an herbicide - it kills part of your crop - that is effectively no different than your cross-pollination effectively destroying seed crop. Weather it is dead or unusable - either way money is lost. If you know I'm getting ready to dump the herbicide - and you intervene before I can, I'm sure you'd want to have someone hear your argument before allowing me to proceed. What if was simply spraying and the herbicide mist wafted over onto your property damaging crops? Very similar to my little pollen wafting over and causing you monetary loss as a direct result.
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        • Posted by $ 8 years, 11 months ago
          Um, it's a very far cry to claim equivalent outcomes from the disparate processes of herbicides and cross-pollination. The one kills plants while the other just has the possibility of hybridization, but you still get living plants in the end. To say that the effects of the two are the same is simply not supported.

          Are there potentially negative effects from cross-pollination? Those most definitively DO lie within the realm of possibilities. But until it actually happens, there have been no damages. Part of any civil proceeding is that you have to prove _actual_ damages in order to have standing to litigate. You can't sue otherwise. You can't sue based on what another party _might_ do - only on what they _actually_ did.
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  • Posted by Flootus5 8 years, 11 months ago
    The whole part of this discussion that I perceive is being missed is that this not a matter of federal jurisdiction. Jackson County, as a municipal subdivision of the State of Oregon has jurisdiction here, unless the State has already weighed in on the matter at the State Level.

    There is no Constitutional basis for a federal court to even hear this.
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  • Posted by $ Terraformer_One 8 years, 11 months ago
    Australian Story is a program that interviews people who have had successful careers and reviews how their life progressed.

    It did a story about how two farmers, neighbours, that have fallen out because of GM Canola.

    The transcript of part one is at:

    www.abc.net.au/austory/content/2015/s419...

    Titled "Seeds of Wrath", one farmer told his neighbour in 2008 about the possible effects GM would have on his Organic farm; in 2010-11 the neighbour planted GM Canola and seems surprised that he was given a legal document.
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  • Posted by CircuitGuy 8 years, 11 months ago
    The judge ruled that the right to farm law does not apply to activities that harm commercial agriculture. This ruling, as I understand it, does not rule that planting GMO crops nearby does actually harm commercial agriculture. That will be decided in the $4.2 million law suit.

    I do not understand the plaintiffs' assertion that "will stand as a precedent for the rights of farmers and communities across the United States to create GMO-free zones to protect the future of our food."

    It seems to me the judge is rightly saying that the right to farm law shouldn't allow you to do some activity on your land that poisons a neighboring farms crops. I don't believe GMO crops are harmful. How would the GMO companies make money if a significant portion of GMO crops ended up on neighboring farms for free?
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    • Posted by blackswan 8 years, 11 months ago
      Ask Monsanto. A GMO crop contaminated an adjacent farm, and Monsanto sued the non-GMO farmer, because his crop contained plants that had been contaminated with the GMO pollen. What surprised me is the fact that, even though the farmer had refused to buy the GMO seeds, and his crop had been contaminated with GMO pollen, he was convicted. By my reasoning, if you create a product, and fail to prevent its undesired spread to another's farm, then you should have NO standing in a court to go after the injured farmer. That's worse than a bank throwing its money in the streets, and then having people arrested for picking it up. If you don't want unauthorized people accessing your product, the onus is on you to provide an adequate level of security. Clearly, that's not possible in farming, where the wind and insects (like bees) can spread a crop's pollen far and wide. Therefore, the non-GMO farmers have a right to do what they've done. It's only self defense.
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      • Posted by $ WilliamShipley 8 years, 11 months ago
        This has never made sense to me. A search for the case led me to Monsanto Canada vs Schmeiser.

        According to what I can find out, there was some cross contamination but that was not the issue, what happened was that he harvested, saved and reused the seeds from the crop. It was this deliberate reuse that was the source of the suit.

        Monsanto wanted him to sign a license agreement and pay a fee, he claimed that the seeds were his to use as he wanted.

        The court ruled he was violating Monsanto's Patent.

        Is this the case you were referring to?
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        • Posted by khalling 8 years, 11 months ago
          yes, this is the case that is often conflated. From Monsanto's perspective, it isn't just about the licensing FEE, but the agreement to how the seeds are used. and cross-contamination (so to speak) dilutes the advantages of the seeds which are licensed. It is a quality control issue. However, Monsanto received an outrageous gift from Congress, hidden in an unrelated bill, which passed, that will not let any suits regarding these seeds to be brought against Monsanto. This is clearly a crony, sleazy move on the part of the company and NOT free market.
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        • Posted by blackswan 8 years, 11 months ago
          If this is the same case, then Monsanto was harassing the farmer, because the GMO seeds don't propagate from year to year, so the farmer can't plant them the next year. If the seeds he had did propagate, then they weren't Monsanto's GMO seeds.
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    • Posted by DavidT 8 years, 11 months ago
      It's not necessarily poisoning the neighboring farms. There have been cases where big agricultural companies have successfully sued small farmers when the GMO/customized plants were found on the other farm, even though the farmer didn't buy or plant the seeds (wind or cross-pollination). The small farmer had no intention of using the seeds and therefore should not be held liable for the plants that ended up on his property.
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      • Posted by CircuitGuy 8 years, 11 months ago
        It seems to me these organic farms and agro-biotech companies need to accept incidental GMO contamination on neighboring farms.
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        • Posted by DavidT 8 years, 11 months ago
          Perhaps, but then they wouldn't be organic, thus negating their business model. They also need to be protected from being sued for wind-blown seed germinating on their property when they had no intention of it being there.
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          • Posted by khalling 8 years, 11 months ago
            this has never proven to have been the case in any of these suits. This has always been about farmers either re-using seeds (which Monsanto strictly forbids in its licensing agreements) or cultivating seed which the farmer did not purchase. So, either the farmers signed an agreement which they breached, or did not sign an agreement but actively cultivated seeds. There was no happenstance or cross pollination which was not deliberate on the part of the farmer. Please cite the case where a jury found otherwise.
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            • Posted by AMeador1 8 years, 11 months ago
              The point is that if you are growing heirloom and you do use your own seed from year to year (which is common and not illegal), these GMO strains can contaminate the heirlooms you raise. And, based on this issue of Monsanto patents on their GMO and hybrid plants/seeds, they then have the option to sue you over using your own seeds in the following year as they would now have some genetics matching their patented varieties. This is a double edged sword. You can not use your own seeds as they break to non-GMO business model by using them and as they've been contaminated - you have the added expense of having to re-buy your seed from an uncontaminated source. Also you are opening the door to being sued by Monsanto (or others like them) - simply because they, or a farmer that uses their seed, planted a crop near yours.
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              • Posted by khalling 8 years, 11 months ago
                there is no evidence to support your claim that organic farmers' crops are in any danger of contamination. As well, why do one set of farmers get to dictate what all the farmers in a region can grow? Monsanto has won lawsuits against farmers, but in each case juries determined that the farmer actually desired and propagated the seeds or broke licensing agreements. In all those cases, the harm is reduced yields and compromised crops. The same is true with Heirloom strains. You want quality control. But the demands you may have for your own acreage should not be another farmer's burden, IMO
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                • Posted by AMeador1 8 years, 11 months ago
                  Again - if you can't understand the simply biology of pollination and hybridization then you are in fact denying science.
                  And two, buy you premise - you should not be concerned if I dump my excess RoundUp on my property killing vegetation on your property.
                  The cases Monsanto have won, open the doors to being sued even if you didn't want the cross pollination - I don't have the money or resources to fight such an operation.
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                  • Posted by khalling 8 years, 11 months ago
                    I am not a botanist, but I do understand asexuality in regards to seeds. There is an article linked to above which supports my points. While I am sure such events happen on farms (the round up dumping) I would think that farmers at least attempt to be decent neighbors, like any property owners. It is anti-property right to support a community or county or some governed area banning the use of GMOs. GMO seeds do not cause irreparable harm to plant. If that were the case, they wouldn't be so popular.
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                    • Posted by AMeador1 8 years, 11 months ago
                      I have been raising plants of a wide variety for better than 30 years. I collect my own seed and use them to grow crops the following year. I have studied plant reproduction, as well as many plant related topics for many years. If your sited article says that cross-pollination cannot effect the seeds I will collect, will not produce hybridized heirloom/GMO byproducts then I will dispute the correctness of your cited article. The plain fact that Monsanto has sued an a farmer for growing seed produced by that same process explicitly shows is happens - and at a large enough scale that Monsanto was willing to sue over it.
                      Monsanto can sue whether the intent was there or not to intentionally raise these hybridized seeds. Much like copyright law - you can't copy their stuff - even in part without opening the door to suit.
                      Let me propose a conspiracy theory - what if Monsanto were a large company. And suppose they wanted to control the seed market. Suppose they locate farms that raise and sell seed for heirloom or competing hybrid seed. Suppose they contract with local farmers upwind of these opposing seed producers so that they will cross pollinate their crops - ensuring that more and more of their seed stock in contaminated with their GMO variety. Could they do this - eliminating the competition?
                      If they've gotten protection from the government via cronyism so they can't be counter sued - what is the recourse?
                      The product is only better by some peoples standards - others disagree that it is better and are skeptical due to the lack of science that these varieties are in fact safe in the long term.
                      Monsanto and others of their nature are exactly Ayn Rand's example of crony capitalism. They are big business in bed with government for protection and handouts. They are effectively taking away the rights of their neighboring farmers when they use biology against them... Biological warfare per se.
                      BUT, I also have a problem with government regulation. At best right now - with our current structure - I would hope that we would have the option to request for an injunction against them moving forward until the matter can be heard in a court where peers can listen to the matter to settle the disagreement without regulation. So, I agree with you on that point - simply banning entire regions is an overstep - but how to deal with my conspiracy theory? It only takes them being successful a handful of times to alter the market in their favor by trampling the property rights of other farmers via biological warfare from doing what they wanted to with their farms.
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          • Posted by $ 8 years, 11 months ago
            I agree, but see two different avenues of litigation involved. I fully agree that the seed company should be able to protect their intellectual property from intentional infringement, but they are currently being allowed to litigate for incidental infringement as well. I see an opportunity for lawmakers to declare incidental infringement immune from the enforcement of legal penalties.

            The other issue is also one of civil litigation, and involves the damages caused to one farmer by another. I think there is an opportunity for the farmers to get together and structure a basic framework under which such disagreements can be adjudicated. But in protecting one business, one can't also exclude another, which is what concerns me about this ruling here.
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    • Posted by RobMorse 8 years, 11 months ago
      This is doubly absurd given that none of our commercial crops are heirloom strains. They have all been "modified" by selective breeding.

      The judge is simply promoting a popular political bias against "GMO" plant strains.
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    • Posted by $ 8 years, 11 months ago
      Part of the problem with the ruling is that the refusal to grant a stay of enforcement in this case pretty much decides the issue in favor of the new ordinance without regards to its hearing. Normally, the stay is granted pending the outcome of the suit so that the evidence can first be weighed. In this case, they are presuming damages to have occurred prior to them ever happening and ruling that pre-emption of action is equivalent to enforcement. That's a very dangerous precedent to set, because it rules that the government can punish you before you even do something - that they can convict you based on allegations rather than actual proof of damages. That to me is a very dangerous action for a court to take.
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      • Posted by CircuitGuy 8 years, 11 months ago
        "Part of the problem with the ruling is that the refusal to grant a stay of enforcement in this case "
        I missed that part and focused on the $4.2 million.

        I agree. There's no way they should enforce this law with them unless there's evidence of damages.
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    • Posted by khalling 8 years, 11 months ago
      GMO companies work extremely diligently on the concern of "cross pollination." It is counter productive to their success with the product. I am surprised that on this site we have such environmental luddite-ism. It is anti-science and anti-human.
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      • Posted by AMeador1 8 years, 11 months ago
        Counter productive how? They can use these tactics to get money from those not buying their products - by force - through government cronyism. If they contaminate crops and the varieties cannot be readily obtained any longer, then they can effectively force farmers to have to use their products or use nothing.

        Anti-science is denying the science of biology in how these processes work and how they can be used with cronyism to manipulate the market.

        Ignoring the lack of long term outcomes of these products is denying science. Science requires study over reasonable time frames related to the experiment involved. The use of GMO should be a very long term study - and would have to be done on an individual products basis as each GMO could have its own unique issues.

        Taking one narrow view and ignoring the full spectrum of possibilities and outcomes is anti-science and anti-human. What if it turns out that corn GMO engineered to be resistant to RoundUp (an herbicide) leads to cancer in 40 years after long term consumption of corn covered in RoundUp. or due to the genetic manipulation somehow causes improper cell division when exposed to other compounds?

        It is very complicated and nearly impossible to know what the long term outcomes could hold. Would the cancer patients 40 or 50 years from now that end up dying from it think it is pro-human? If it only start manifesting itself in 40 or 50 years, how many decades after that would it take to figure out that (if ever) that the GMOs were the cause?
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        • Posted by CircuitGuy 8 years, 11 months ago
          "If it only start manifesting itself in 40 or 50 years, how many decades after that would it take to figure out that (if ever) that the GMOs were the cause?"
          Applying this policy strictly means humans would never take action, never progress, because we can never be sure of the repercussions and unforeseen direct effects.
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          • Posted by AMeador1 8 years, 11 months ago
            No, it means be more careful based on the circumstances. Deciding to till the ground with a new fangled tilling machine that does it faster in one step verses an old method that takes three steps is different than genetically modifying the food we consume (which has never ben done in the history of the world until now). Improper farming methods appear to have been the cause of the "Dust Bowl" - but relatively speaking - modifying farming methods has not caused problems until it comes to messing with the food - via pesticides, herbicides, etc... - And only because of their residues - not because we genetically changed the food into something else. There are plenty of advanced that can be made in society where the negative effects can be considered. The systems are simpler and can be analyzed more thoroughly before instituting them. And where there effects can be much shorter to see. This is our food. These are new chemical combinations that we have ever experienced. It is dangerous. On a product by product basis - I'm sure some - maybe many will be fine - but I don't want to find the one that's not by watching a loved one die from it. Or end up with some kind of disease or birth defect. So many medicine now days have a list or all the crap their side effects can do to you. Yet we're willing to tamper with out foods and not blink an eye?
            Progress for the sake of progress is evil!
            Our food supplies through heirlooms and hybrids have done us fine up until GMOs. Why all of a sudden are GMO's the only answer? We can't county on pharma to produce safe drugs anymore and you want botanists chemically/genetically altering our food supplies and think there's not a real risk?
            If GMO ends up contaminating all of our heirlooms - there will be no option. If we made a mistake - then what?
            Being cautious is not weakness - running blindly forwards simply because we can is dangerous.
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            • Posted by $ 8 years, 11 months ago
              I had never heard any other cause than weather suggested for the "Dust Bowl". I'd be interested in hearing more if you have a source you could point me to.

              "Progress for the sake of progress is evil! "

              What is really being talked about under "progress" are goals. "Progress" is merely a measurement of movement along some trajectory away from some starting point and toward some projected terminus which has been deemed to be desired. What you are really saying here is is that one must examine the goals/endpoints of the journey and not merely that one is moving in order to assess the morality of the movement. I wholeheartedly agree.
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              • Posted by AMeador1 8 years, 11 months ago
                "The Dust Bowl, also known as the Dirty Thirties, was a period of severe dust storms that greatly damaged the ecology and agriculture of the US and Canadian prairies during the 1930s; severe drought and a failure to apply dryland farming methods to prevent wind erosion (the Aeolian processes) caused the phenomenon. The drought came in three waves, 1934, 1936, and 1939–40, but some regions of the high plains experienced drought conditions for as many as eight years.[1] With insufficient understanding of the ecology of the plains, farmers had conducted extensive deep plowing of the virgin topsoil of the Great Plains during the previous decade; this had displaced the native, deep-rooted grasses that normally trapped soil and moisture even during periods of drought and high winds. The rapid mechanization of farm equipment, especially small gasoline tractors, and widespread use of the combine harvester contributed to farmers' decisions to convert arid grassland (much of which received no more than 10 inches (250 mm) of precipitation per year) to cultivated cropland.[2]

                During the drought of the 1930s, the unanchored soil turned to dust, which the prevailing winds blew away in huge clouds that sometimes blackened the sky. [...]"

                This was from: http://en.wikipedia.org/wiki/Dust_Bowl

                So,I will clarify my statement - it wasn't THE cause, but as is stated in this wiki, it was this along with drought. So a major cause... Anyway, I had seen a documentary on this - I think on the History Channel as well. A few years back - don't recall for sure.

                And yes, I agree with your more thorough statement about progress. Someone else (maybe you?) compared it to the "Jurassic Park" thesis/theory/something... Yep. Just because you can do it doesn't mean you should and the consequences could be bad. Trying to control nature has had some nasty side effects. Like I said - I'm not outright against the idea of GMO - but I am very concerned about it's use and how thoroughly it's tested and it's effects on non-GMO availability.
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                • Posted by $ Terraformer_One 8 years, 11 months ago
                  I have come to the conclusion that 'drought' is a man-made disaster.
                  The huge bushfires blamed on drought are similarly man-made.

                  My reasoning:
                  By removing the recharging of the water table from the consideration of Farmers, and Graziers to a smaller extent, we allow the variable rainfall, changing from season to season/ year to year, to run off and take the precious moisture needed by crops.

                  (In high rainfall areas the volumes of water runoff can contribute to erosion.)

                  Where the soil is less hydrated, there is less buffering of adverse circumstances. The trees having less moisture than is stripped away by evaporation(also evapo-transporation, where plants are working to regulate their temperature), are vulnerable to dessicating winds and then a lightning strike fire can spread rapidly.

                  The crops being grown and how they are produced have an enormous effect. Growing huge fields of grasses so that harvesters can economically collect them, leaving exposed bare earth in their wake are responsible for tipping the balance between precipitation and evaporation. Versions of no-till farming where the soil isn't tolled and the stumble left can help to mitigate the water loss of soils.
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                  • Posted by AMeador1 8 years, 11 months ago
                    Yep... we have been working towards no-till for the moisture and to help maintain the biological subsoil critters. They help get nutrients to the plants and by tilling you decimate them at the same time.
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                    • Posted by $ Terraformer_One 8 years, 11 months ago
                      Have you heard of Permaculture?

                      I like the invention of swales - water catching ditch on contour. They allow for the retention and infiltration of rainfall; when they are planted with legume trees you get fertiliser, shade, depending on species cattle/goat fodder.
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                      • Posted by AMeador1 8 years, 11 months ago
                        In a quick review, I'd say I'd heard of it, practice a lot of it, but would probably only go for it in moderation. The 12 tenants look pretty reasonable, but trying to get all the way there would be difficult.
                        :)
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                        • Posted by $ Terraformer_One 8 years, 11 months ago
                          The difference between theory and practice. :)

                          Theory is derived from practice to get to generate principles. These principles are then used to inform improvements in practice;

                          However there are site specific circumstances that have to be taken into consideration, so you try to approach the economically achievable outcome while keeping the theory as an ideal.
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        • Posted by khalling 8 years, 11 months ago
          According to the npr article I cited Monsanto will pay to remove product pollinated by GMO. Quality control for GMO plants. The thing is you say GMOs don 't bother you but really the do. You are skeptical of long term risks even though there are no studies to support any theories of adverse health effects at least so far.
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          • Posted by AMeador1 8 years, 11 months ago
            I'm not interest in my crops being removed for free - I'm interested in the additional costs to have to buy new seed and potential crop loss/profit loss from it.
            I have said repeatedly that I'm not outright opposed to GMO - BUT I am very skeptical of it.
            You guy's aren't listening. They are genetically modified. Their DNA has been altered. These alterations are done my non-natural processes. These DNA sequences that are being inserted or modified are from other species: from bugs, from fungi, and who knows what. Every one is unique at the target and sources are different. The means of how and potential DNA damage from the process will be different from batch to batch. There is no blanket - the process is safe, the end product is safe - no one knows that. People are putting this into their bodies. I can't comprehend how anyone would not be concerned.
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            • Posted by $ WilliamShipley 8 years, 11 months ago
              All plants and animals have been genetically modified, their DNA has been altered. That's what 'domestication' means. We have been doing this by trial and error, crossing two variants and, without knowing which genes actually got transferred, seeing what happens.

              The idea that there are 'human' and 'non human' DNA is a bit simplistic. There is an amazing commonality to all DNA we share 28% of our DNA with yeast.

              Bacteria and viruses move DNA back and forth between species all the time. Then, of course there are genetic mutations.

              What's new is knowing exactly what we are doing. Now we could wind up with something going wrong, but that's always a possibility -- especially with trial and error.
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              • Posted by AMeador1 8 years, 11 months ago
                You are speaking on natural processes. And general these DNA moving events are still within the same type of organism - humans to humans, tomato to tomato, and so on. Not bug to corn or fungi to plant. And as is pointed out in the wiki article I pointed out earlier are generally over "an evolutionary time scale". It's is a slow process that gets the chance to stand the trial of time. Not by genetic engineering processes:
                "Genetically engineered crops have genes added or removed using genetic engineering techniques,[29] originally including gene guns, electroporation, microinjection and agrobacterium. More recently, CRISPR and TALEN offered much more precise and convenient editing techniques.

                Gene guns (a.k.a. biolistic) "shoot" (direct high energy particles or radiations against[30]) target genes into plant cells. It is the most common method. DNA is bound to tiny particles of gold or tungsten which are subsequently shot into plant tissue or single plant cells under high pressure. The accelerated particles penetrate both the cell wall and membranes. The DNA separates from the metal and is integrated into plant DNA inside the nucleus. This method has been applied successfully for many cultivated crops, especially monocots like wheat or maize, for which transformation using Agrobacterium tumefaciens has been less successful.[31] The major disadvantage of this procedure is that serious damage can be done to the cellular tissue.

                Agrobacterium tumefaciens-mediated transformation is another common technique. Agrobacteria are natural plant parasites, and their natural ability to transfer genes provides another engineering method. To create a suitable environment for themselves, these Agrobacteria insert their genes into plant hosts, resulting in a proliferation of modified plant cells near the soil level (crown gall). The genetic information for tumour growth is encoded on a mobile, circular DNA fragment (plasmid). When Agrobacterium infects a plant, it transfers this T-DNA to a random site in the plant genome. When used in genetic engineering the bacterial T-DNA is removed from the bacterial plasmid and replaced with the desired foreign gene. The bacterium is a vector, enabling transportation of foreign genes into plants. This method works especially well for dicotyledonous plants like potatoes, tomatoes, and tobacco. Agrobacteria infection is less successful in crops like wheat and maize.

                Electroporation is used when the plant tissue does not contain cell walls. In this technique, "DNA enters the plant cells through miniature pores which are temporarily caused by electric pulses."

                Microinjection directly injects the gene into the DNA."

                again from the wiki I cited earlier:
                http://en.wikipedia.org/wiki/Genetically...
                What you are describing is more in line with hybridization and selective breeding - these are not inherently the same. It may introduce new characteristics, but almost exclusively with the same kind of things - whether it be dogs, cats, plants, etc... through their natural reproductive processes.
                Bombarding cells with radiation and heavy metals laced with completely foreign DNA sequences is farm from benign.
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            • Posted by khalling 8 years, 11 months ago
              we are listening. You have fears that there are no studies to support. If we are being scientific, should we not look at the scientific evidence?
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              • Posted by PeterAsher 8 years, 11 months ago
                Is MIT Science good enough for you?

                https://www.laprogressive.com/monsanto-a...

                More links to come tomorrow
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                • Posted by AMeador1 8 years, 11 months ago
                  An interesting article, thanks!
                  It amazes me that people are so narrow minded on their criticisms. This is just an IT person... blah, blah, blah... so 'of course' their reason cannot be listened to as they are not a scientist!
                  What is a scientist? Someone who runs around in a white lab coat and wears glasses? No.
                  From our friend Merriam-Webster: "a person who is trained in a science and whose job involves doing scientific research or solving scientific problems"
                  Now, let’s take that further: Is 'trained' only acceptable if via an accredited college? What about self study? What about work experience? What about via mentoring? Trained is a vague area.
                  Anyway, as an IT (Computer Scientist) professional via self study and via college study and as someone who has worked for a company doing Alzheimer's Research - I found that the data that some of the PhD researchers wanted to use and how they wanted to collect and analyze their 'data' was quite ridiculous.
                  I would like to argue that they are not scientists in the science of data storage, data types, SQL query, database theory, etc... The IT person, especially if they do their job well, and from my experience in this type of environment, has much more qualification in how to utilize the data to produce statistics and reporting of the data collected than the scientists doing their studies. Getting these Dr.s to understand exactly what they needed to collect, what form the data needed to be in, how to make sure their data was comparable to ensure data integrity across multi-facility data collection, etc… was a completely foreign concept to them. And on top of that I was given restrictions that even as the Systems Administrator, Database Administrator, and Systems Analyst for the organization - was told that I could not question the Dr.s directly about their data so as to determine their needs for data storage and schemas. The reason… because it wasn’t proper for IT to directly deal with them! This from the COO and CIO of the organization (which was heavily government funded by the way).
                  IT is the data scientists. The systems they design allow for the proper ability to study the data it holds and in many cases have to write the complex queries to pull the data into patterns that even allow for further analysis. When this is done wrong, or different 'scientists' are plugging data into the database that don't correlate to the same methods and procedures - it is as the old adage goes: "garbage in, garbage out!" I have very little faith from what I have seen firsthand that all, or even most, 'scientists' are producing valid studies. This requires a group effort - utilizing the true data scientists - the IT people involved with the database systems. But when does that happen?
                  This article's commenters further show the dire lack of understanding that IT plays in proper data utilization and analysis in such systems. Simply dismissing the idea or what the person was saying because “they’re not scientist – they don’t know what they’re talking about”. What BS!
                  A Systems Analyst and/or Database Admin/Programmer must understand fairly thoroughly what the data is, what it means, how it correlates to related data etc… I feel confident in saying that IT in those positions have a VERY HIGH degree of understanding about the projects they are supporting. In more than a few cases when running my own IT company I often found that I had a better understanding of the overall operation of many of the client’s companies that I contracted with – because to do my job right, I had to study their business from the ground up, document how everything flowed in production and in data to be able to properly design their networks, servers, workstations, software, data storage and flows, and to implement their accounting and POS systems to help them catch errors in AR/AP/Payroll/etc…
                  People who dismiss what IT can bring to the table are truly uninformed about what they are capable of. But I see it all the time. Too bad that’s how people have reacted to the article you posted here…
                  I’m not directing this at you– just venting! It really frustrates me that people are so dismissive of people opinions without really having a clue about what they are even talking about.
                  :)
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              • Posted by AMeador1 8 years, 11 months ago
                My point is that there has not been enough time given to study these issues and that each particular GMO items would have to have their own study as they are all inherently unique.
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                • Posted by $ WilliamShipley 8 years, 11 months ago
                  The magic of sex is that every generation is inherently unique!
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                  • Posted by AMeador1 8 years, 11 months ago
                    The problem is - this is not plant sex - it is cellular manipulation via radiation, insertion of heavy metals, implanting of completely foreign DNA. When two people have sex, they have a person. What are they if the embryo were genetically modified to include DNA for hair derived from corn silk, breasts from a pig, and brain material from a dolphin? This is not the same thing. Again you are talking about natural hybridization processes, not genetic engineering.
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              • Posted by AMeador1 8 years, 11 months ago
                I have never read this article before - yet they state almost exactly every point I am making. And please note my points and arguments are based on my study of plants, understanding of science, and so on. I do not probe the internet looking for these argument - I did a quick search to find this just to give you something since my knowledge is not enough for you.
                http://www.responsibletechnology.org/hea...

                I studied aerospace engineering and computer engineering in college. Thought seriously about going into Botany as I have had a serious interest in plants since before my teens. I raise a garden, grow commercial crops, and have bonsai that I've had since high school (when I studied under a bonsai master with a botany degree (she even has one of her bonsai forests on loan in the National Arboretum in D.C.). I've been in IT (and just about every branch of it) for nearly the same time frame (30+ years). I also love and enjoy physics. My wife is a certified Biology Teacher and has had an interest and love of chemistry for nearly 25 years. But hey. What do I know ;)
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