SECOND REGULAR SESSION

House Concurrent Resolution No. 8

93RD GENERAL ASSEMBLY

3036L.02I

            Whereas, in May 2003, the Center for Food Safety initiated a project to determine the extent to which American farmers have been impacted by litigation arising from the use of patented genetically engineered crops; and

            Whereas, at the conclusion of the project, the Center for Food Safety found that heavy-handed investigations and ruthless prosecutions by agricultural biotech companies have fundamentally changed the way many American farmers farm; and

            Whereas, through the use of technology agreements entered into at the time of purchase, agricultural biotech companies are permitted to conduct property investigations, expose farmers to huge financial liability, bind farmers to the agricultural biotech company's oversight for multiple years, and include conditions that effectively define what rights a farmer does and does not have in planting, harvesting, and selling genetically-engineered seed; and

            Whereas, these technology agreements have led to numerous lawsuits for breach of contract or patent infringement. The lawsuits are not limited to farmers who plant the patented seed; farmers have been sued after their field was contaminated by pollen or seed from another person's genetically-engineered crop, when genetically-engineered seed from a previous year's crop has spouted or volunteered in fields planted with nongenetically-engineered varieties the next year, and when the farmer never signed the technology agreement but planted patented seed; and

            Whereas, because of the way patent law has been applied, these farmers are technically liable, even if they never signed a technology agreement; and

            Whereas, as growing numbers of farmers are subjected to harassment, investigation, and prosecution by agricultural biotech companies over supposed infringement of seed patents and technology agreements, the future of America's farmers and farming communities is being placed in jeopardy; and

            Whereas, while passing local and state-wide bans or moratoriums on plantings of genetically-engineered crops is one solution, amending the Patent Act and Plant Variety Protection Act so that genetically engineered plants will no longer be patentable subject matter, so that seed saving is not considered patent infringement, and to prevent farmers from being liable for patent infringement through biological pollution is preferable to preventing farmers from planting genetically-engineered crops:

            Now, therefore, be it resolved that the members of the House of Representatives of the Ninety-third General Assembly, Second Regular Session, the Senate concurring therein, hereby urge the United States Congress to amend the Patent Act and Plant Variety Protection Act as applied to patented genetically-engineered agricultural products to end the harassment, investigations, and prosecutions by agricultural biotech companies over supposed patent infringement of its seed patents and technology agreements; and

            Be it further resolved that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution for each member of the Missouri Congressional Delegation.