It’s worse than that.
If a farmer’s organic corn crop is contaminated by Monsanto’s GM corn pollen, Monsanto will sue the farmer.
And win.
Monsanto is a major douche with this issue, but ironically they are being sued by the organic farmers for contamination of organic crops.
Appeal 12-1298 to be heard before the Court of Appeals of the Federal Circuit. Briefs were filed a few weeks ago. I, as a patent attorney, am rooting for the organic farmers. From their brief:
'Plaintiffs' real and concrete injury here is the present invasion of their right to use their property. Some of the Plaintiffs have been forced to forgo planting certain crops that are vulnerable to contamination while others have been forced to adopt expensive genetic testing of their products. These injuries could not be more concrete and actual, as required by Lujan. They are not in any way hypothetical. Plaintiffs are not worried about some day having to forgo full use of their land. That day has already come. Likewise, Plaintiffs are not worried about some day having to adopt expensive genetic testing. That day, too, is here.'