Monsanto Protection Act Rears its Ugly Head.

The Protection Act, which will be decided by the in 2013, is uniquely tailored to ’s growing activities, in order to provide complete legal immunity. Simply put wants to bypass any Court of Law in the United States.

Basically the bill allows a farmer to continue growing even if a Court of law orders an and prohibits him from doing so.

The name “ Protection Act” was given to this clause by Food Democracy Now and was then adopted by opponents of such as the and the Alliance for Natural Health. Advocates of biotechnology refer to it as the “farmer assurance provision.”

The specific clause lies within H.R. 5973: , Section 733. The House , sponsored by Rep. Jack Kingston (R-GA), was introduced and passed out of committee on June 20, 2012. It read, in part:

“Sec. 733. In the event that a determination of non-regulated status made pursuant to section 411 of the is or has been invalidated or vacated, the shall, notwithstanding any other provision of law, upon request by a farmer, grower, farm operator, or producer, immediately grant temporary permit(s) or temporary in part, subject to necessary and appropriate conditions consistent with section 411(a) or 412(c) of the , which interim conditions shall authorize the movement, introduction, continued cultivation, commercialization and other specifically enumerated activities and requirements, including measures designed to mitigate or minimize potential adverse environmental effects, if any, relevant to the Secretary’s evaluation of the petition for non-regulated status, while ensuring that growers or other users are able to move, plant, cultivate, introduce into commerce and carry out other authorized activities in a timely manner: Provided, That all such conditions shall be applicable only for the interim period necessary for the Secretary to complete any required analyses or consultations related to the petition for non-regulated status: Provided further, That nothing in this section shall be construed as limiting the Secretary’s authority under section 411, 412 and 414 of the .”

In other words, if a court overturns or issues an for the USDA’s of a genetically engineered crop, any farmer can ask the USDA for a permit to continue growing that crop and the USDA must provide it.


H.R. 5973: Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2013,




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