Sen. Merkley Seeks to Repeal "Monsanto Protection Act"

WASHINGTONSen. Jeff Merkley (D.-Ore.) wants to repeal the "Monsanto Protection Act" through an amendment he plans to introduce in the farm bill.

He characterized Section 735 of a fiscal budget signed earlier this year by President Obama as "an outrageous example of a special interest loophole."

Critics maintain the provision requires the U.S. Department of Agriculture (USDA) to grant a temporary permit upon request to a farmer to sell or plant genetically-modified seeds even after a court has enjoined such activity, benefiting the likes of the agricultural biotechnology giant Monsanto Company.

"This provision nullifies the actions of a court that is enforcing the law to protect farmers, the environment and public health," Merkley said in a statement. "That is unacceptable."

Lawyers point out Section 735 is only a "rider" that is in effect through the duration of the appropriations law, which expires on Sept. 30, 2013.

Merkley has criticized the rider as being written "[a]nonymously and passed in secret."

Others such as the Biotechnology Industry Organization maintain the provision doesn't give USDA any authority it doesn't already have.

Earlier this year, a USDA spokesman said Agriculture Secretary Tom Vilscak asked lawyers to review the provision to determine whether it was enforceable. The agency did not immediately respond to an emailed request Monday on whether it has made that determination.