Cassandra Anderson | Monday 21 February 2011
Farmers like genetically modified (GM) crops because they can plant them, spray them with herbicide and then there is very little maintenance until harvest. Farmers who plant Monsanto's GM crops probably don't realize what they bargain for when they sign the Monsanto Technology Stewardship Agreement contract. One farmer reportedly 'went crazy' when he discovered the scope of the contract because it transfers ALL liability to the farmer or grower.
Here is the paragraph that defines Monsanto's limit of liability that shifts it to the farmer:
"GROWER'S EXCLUSIVE LIMITED REMEDY: THE EXCLUSIVE REMEDY OF THE GROWER AND THE LIMIT OF THE LIABILITY OF MONSANTO OR ANY SELLER FOR ANY AND ALL LOSSES, INJURY OR DAMAGES RESULTING FROM THE USE OR HANDLING OF SEED (INCLUDING CLAIMS BASED IN CONTRACT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, TORT, OR OTHERWISE) SHALL BE THE PRICE PAID BY THE GROWER FOR THE QUANTITY OF THE SEED INVOLVED OR, AT THE ELECTION OF MONSANTO OR THE SEED SELLER, THE REPLACEMENT OF THE SEED. IN NO EVENT SHALL MONSANTO OR ANY SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES."
G. Edward Griffin, author of 'The Creature From Jekyll Island', and numerous other books and documentary films, and Anthony Patchett, retired assistant Head Deputy District Attorney, Los Angeles County Environmental Crimes/ OSHA Division explain the consequences of the Monsanto contract in the video below.
Monsanto's Technology Stewardship Agreement shifts responsibility to growers for any and all losses, injury or damages resulting from the use of Monsanto seeds. There is no expiration date on the contract. The grower may terminate the contract, but: "Grower's responsibilities and the other terms herein shall survive..."
This includes contamination of other farms. Growers are purchasing seed for Spring planting right now. Alfalfa, America's 4th largest crop, is a particular problem because it is a perennial plant and the seeds may lie dormant in the ground for 10-20 years, and WILL contaminate non-GM plants. Contaminated alfalfa cannot be recalled from the environment. The liability burden can follow the grower for decades. Farmers must be made aware of the danger of being sued before they plant GM crops (especially alfalfa because it is used for cattle feed and will affect dairy farmers).
Currently, Australian organic farmer Steve Marsh, who lost his organic certification due to contamination, is suing his GM crop-growing neighbor for the GM contamination.
Contamination of processing equipment is another risk.
There is evidence from India that GM crops are linked to livestock deaths. The Monsanto Technology Stewardship Agreement contract holds growers responsible for injuries, so this is another potential consequence for farmers planting Monsanto GM crops to consider.
The Monsanto Technology Stewardship Agreement has another clause that farmers will find disturbing: it appears that the growers agree that in order to sell their farm, the new purchaser must also sign a Monsanto Technology Stewardship Agreement. According to a top real estate broker, the contract places a covenant, condition or restriction (CCR) on the farmer's land:
"GROWER AGREES: To accept and continue the obligations of this Monsanto Technology/Stewardship Agreement on any new land purchased or leased by Grower that has Seed planted on it by a previous owner or possessor of the land; and to notify in writing purchasers or lessees of land owned by Grower that has Seed planted on it that the Monsanto Technology is subject to this Monsanto Technology/Stewardship Agreement and they must have or obtain their own Monsanto Technology/Stewardship Agreement."
Environmental attorney Anthony Patchett further elaborated on Monsanto's contract in a letter that states "Monsanto's agreement shifts all liability to the growers, including contamination issues or any potential future liability. All the grower receives is the price of the seed." He further stated that this contract appears to be "Unconscionable". Click here to view the letter.
For more information about the perils of contamination, please go to MorphCity.com to read the interview with alfalfa seed grower Phil Geertson who opposed Monsanto in the GM case heard in the Supreme Court last summer. Geertson said that Monsanto's GM seeds are more expensive and after a few years, weeds can become tolerant to Roundup Ready and other glyphosate herbicides so farmers must return to conventional farming practices anyway. Therefore, there is no benefit to planting GM crops.