Canadian Court Orders Farmer to Pay Monsanto 
for Unauthorized Use of Canola 

AP 30mar01

SASKATOON, Saskatchewan -- A federal judge Thursday ordered a Canadian farmer to pay Monsanto Co. thousands of dollars for planting herbicide-resistant canola without the biotechnology giant's permission.

Monsanto said Percy Schmeiser in 1998 knowingly planted Roundup Ready, the U.S. company's genetically modified brand of canola, without the permission. Mr. Schmeiser said pollen from modified plants had blown onto his property, 50 miles northeast of Saskatoon, from nearby farms or off passing trucks.

In his ruling, Judge Andrew MacKay said "the balance of probabilities" showed Mr. Schmeiser acted without permission from St. Louis-based Monsanto. The judge said if the two sides couldn't agree on a settlement within three weeks, Monsanto should receive about $10,000, which is equivalent to the $10 an acre fee the company charges for the product.

Judge MacKay also banned Mr. Schmeiser from planting any more of the herbicide-resistant canola, and from selling any of the crop or seeds from 1998. Mr. Schmeiser, 70 years old, said he was "disappointed and upset" over the ruling.

"It will take totally all of my wife's and myself's retirement funds that we've worked for all our life," he said. "I've lost 50 years of work because of a company's genetically altered seed getting into my canola, destroying what I've worked for, destroying my property and getting sued on top it."

A Monsanto news release said the ruling would allow it to continue investing in "important research in Canada, knowing our rights will be respected."

Meanwhile, the U.S. government reported that farmers will sharply boost their plantings of genetically engineered soybeans this year, despite opposition to biotechnology overseas and signs of unease among U.S. consumers.

About 63% of this year's soybean crop, or about 48 million acres, is expected to be genetically engineered, up from 54% in 2000, according to the Agriculture Department's annual survey of farmers' planting intentions, which was released Friday. The biotech soy is immune to the Monsanto's Roundup weedkiller.

"Clearly farmers like using Roundup-Ready soybeans," said Bill Nelson, a commodity analyst with A.G. Edwards & Sons. There could be shortages of the seed this spring, he added.