4um: Monsanto Shifts ALL Liability to Farmers

By Cassandra Anderson
February 21, 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.

You can alert farmers to the hazard of growing GM crops and how growers can be hurt by Monsanto's contract, if you would like to take action in opposing GM crops. Please share this article and video.

#1. To: christine, farmfriend, CadetD, wudidiz, HighLairEon, TwentyTwelve, James Deffenbach, Jethro Tull, Horse, Lod, Kamala, Eric Stratton, Armadillo, randge, X-15, scrapper2, AllTheKingsHorses, FormerLurker, Itistoolate, Esso, ratcat, Cynicom, abraxas, all (#0)

Even if a farmer/grower wanted to use non-gm seed, the odds are overwhelming large that his land is surrounded by gm planters.

If anyone has any ideas how the non-gm guy can successfully plant, please put it up here.

The problem of course is that Alfalfa reaches far and wide. Since it is a primary feed, and you cannot be certified Organic with ANY GMO contamination, what Monsatan is trying to do is to make Organic Growing impossible and thus open the market to their Frankentrash Toxin producing, cancer causing, reproduction inhibiting, livestock killing GMO Frankenseeds. This is back door depopulation and eugenics is what it is.

However, the fact that Monsatan is now using this disclaimer is a result of the push back and potential lawsuits - for contaminating other people's crops. They are trying to avoid legal liability, that they know is coming, by sticking the farmer with it and forcing us to sue the farmer out of existence not Monsatan. It is very very Machiavellian.

So, the more farmers made aware that they are having a bullseye painted on them by Monsatan the more resistance that they will have.

Actually, 'The Prince' warned about creating a situation where the people had nothing left to lose.

The phrase, giving someone enough rope to hang themselves with. That is the case here.

All that is needed is one precedent, of a local county passing an ordinance that cross pollination of genetically engineered crops is littering and destruction of private property to farmers of non-engineered crops, and that would set their whole house of cards tumbling down.

"Only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters." - Ben Franklin

Yea, I would expect a eventual class action lawsuit by tens of thousands of farmers against them.

Also, attempting to shift all liability to their customers is also going to hurt them in the long run.

Based on the radio interview I heard with Cassandra last night most farmers have not bothered to read it and if they did skim over it the implications didn't hit them.

Monsatan has become too aggressive and too obvious in their intentions - which is to pollute crops with pollen from their GMO Frankencrops so that farmers see no choice but to buy their product or go out of business.

By buying up most other major seed sellers they have almost cornered the market and can, by cutting the supply of non-GMO seed, force farmers to buy their Frankenseed or go broke. Most farmers live one crop to the next and this puts them in a buy or die situation.

"Shrink rap" user agreements have been struck down in court before, and so have contracts that unjustly shift liability from one party and away from the other party.

"Only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters." - Ben Franklin

However, having read the circumstances I can understand the maneuver, and the Union can get pissed but it was their contract that painted the Providence government into a corner.

Compared to whom? Most of the armed population in the U.S. is in rural areas. And farmers know how to burn fields. Some do so annually with their own fields as part of their business in farming.

Elitists think they will have more control by driving the population over the edge and into survival mode. They could not be further from the truth. They have no clue of the hell they are creating for everyone involved, including themselves.

What will likely happen here will make the unrest happening right now in the middle east seem like a weekend picnic.

It should be noted that Switzerland has started seizing bank accounts of deposed tyrants. So, those golden parachutes may not be those for these fleeing despots.

"Only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters." - Ben Franklin

The "Pink Slips" are advance notification which does not take effect until the end of the School Year. It was just that in budget cutting they know they are going to have to lay some people off but they don't know who yet. So, their contractural deadline was March 4, so they issued "Pink Slips" (notices really) to everyone knowing that they were not actually going to lay everyone off.

"Only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters." - Ben Franklin

At this point. It could get interesting in June, but right now it is sort of a non-issue. The media likes it because it is nice and alarming - "man bites dog".

You're welcome. And a sheriff has a LOT of power to enforce the law in his county.

"Only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters." - Ben Franklin