Organic Consumers Association

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Monsanto Shifts ALL Liability to Farmers

For related articles and more information, please visit OCA's Millions Against Monsanto page, and our Farm Issues page.

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."

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