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Purchasers of Monsanto-Seeded Land Are Stuck with Monsanto's Liabilities

Monsanto contract leaves farmers with all liabilities for harm to crops, land, or animals resulting from their seeds—and purchasers of the land must also submit to Monsanto.

by Heidi Stevenson

25 February 2011

Scarecrow with Skull & Crossbones Head

Not only does Monsanto create evil products that endanger life, once a sale is made, it's forever. Their standard contract with farmers, euphemistically named Monsanto Technology Stewardship Agreement (MTSA), denies the right to sue no matter what harm might result from their seeds. Worse, the contract enforces the same terms on subsequent owners of the land.

Monsanto shifts all liability for their products to the farmer, and they force future owners of Monsanto-seeded properties into the same sort of servitude. Their contract has nothing to do with stewardship—unless creating a dead world is the goal.

Monsanto now advertises an "advantage" of the contract, saying that it no longer requires resigning every year! Once you've signed it, your rights regarding any aspect of your farm have been signed away for life—and even beyond into perpetuity. Whoever takes over your farmland will be subjected to the same rules.

Most farmers are apparently unaware when they sign. After all, how many of us actually read contracts—or understand them if we do? How many are in print so small that most of us cannot read them? Monsanto's contract print is far too small for normal human beings to see.

Click here to see the contract. (PDF Format)

The salient portions read:

Regarding Liability:

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.

Who Is Bound by the Contract: 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.

Even people who believe in genetically modified crops should be aware of the risks of a contract like this. The exact extent of control that's handed over to Monsanto seems vague, which is troubling. Exactly how much is ceded to Monsanto will likely end up decided in the courts—and to assume that the right choices will be made is naive. After all, Monsanto has managed to successfully sue people whose farms have been polluted with cross-bred seeds from Monsanto's genetically modified crops. A farmer can not only lose not his organic certification, but also be forced by Monsanto to pay as if they'd purchased the corrupted seeds. How many of us could have imagined that? Exactly how far Monsanto will take its contract-defined long term control is unknown—but I would not want to put my future in their hands.

More and more bad news has been emerging about Monsanto's seeds. There are recent reports of stillbirths, miscarriages, and infertility in cattle fed Monsanto crops. India has seen cattle die from eating Monsanto's Bt cotton. Oregon can expect a disaster of some form since the USDA completely ignored a court's ruling that they must not approve Monsanto's GM beets because the testing was incomplete.

Will farmers be unable to revert to non-GM crops when the public's uproar grows enough to drown out the deaf USDA? The one thing that's absolutely clear is that Monsanto truly is out to own the food on which everyone depends. The costs to humanity, the earth, and farmers don't matter. The fact that their crops have never come through on the promises made doesn't matter. And certainly, being hated by most of the world makes no difference. The only thing that matters to Monsanto is using any means necessary to press, cajole, or force people into using their GM seeds and their soil-destroying herbicide, RoundUp.

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