Is the farmer liable for making sure it (Roundup Ready alfalfa) doesn’t go to seed and doesn’t contaminate the seed crop?

McCaslin: “When a hay grower buys Roundup Ready alfalfa seed, that hay grower signs a technology license with Monsanto, which owns the gene. That technology agreement binds the grower to the technology-use guide, the TUG. And the TUG outlines … when you have to cut, stand takeout, all the requirements. The grower is liable through contract to follow the management practices as outlined in the TUG. There is grower liability just as there is with all the other biotech crops.”

Geertson: “That grower contract … how enforceable is it? Will they enforce it? They obviously so far with Roundup Ready alfalfa have not enforced it.”

McCaslin: “They (Monsanto) have a 1-800 number; it’s 1-800-roundup, so anybody who sees … a grower who is not following those rules, you call that number. It’s an anonymous report. You say that the grower on this location is not following the rules and they’ll send somebody out to check on it.”

Geertson: “One neighbor isn’t going to squeal on another.”

McCaslin: “You would be surprised. It’s an anonymous reporting service and I know that they’re pretty committed on following up on growers who are not following the rules. It’s the basis of stewardship. It’s the basis of coexistence and we all have a vested interest in it.”

If a grower unintentionally plants seed that contains (a biotech) gene in the seed and puts it on the market, is he liable to pay Monsanto a license fee?

McCaslin: “If it’s accidental presence, absolutely not. Monsanto’s been very public about that.”

Geertson: “How about when a Roundup Ready alfalfa seed grower gets his neighbor’s seed field contaminated and then you’re selling this conventional seed that’s contaminated? Should he tell the buyer that he’s selling contaminated seed? Whose responsibility is this? USDA, when it made the rules on segregating alfalfa, gave the rule that you have to sweep off your trucks and clean out your balers, which was so much B.S. But they refused to make any rule or regulation concerning the sale of conventional alfalfa seed that is contaminated with the Roundup Ready gene. We know there is a lot of alfalfa that is contaminated out there and it is being sold and you’re going to be planting it on the farm. So when you experience the problems with it, who are you going to sue? Who’s responsible for that? The only law we can use on that is the general trespass law. That definitely is a trespass in the area of dominion when you get something on your farm that you don’t want.”