Is Monsanto telling untruths?

On 3 March 2011 the bio-tech multinational Monsanto Corporation stated on its own corporate blog Beyond The Rows in the post Monsanto's Commitment: Farmers and Patents:

It has never been, nor will it be Monsanto policy to exercise its patent rights where trace amounts of our patented seed or traits are present in farmer's fields as a result of inadvertent means.

ABC Rural reported on 16 March 2011in Farmer claims flooding caused GM contamination :

In a written statement to ABC Rural, plant breeder Monsanto says It has never been, nor will it be, its policy to exercise its patent rights where trace amounts of patented traits are present in a farmer's paddock or grain as a result of inadvertent means.

In a 29 March 2011 statement on the same company blog in PUBPAT Allegations Are False, Misleading and Deceptive Monsanto again stated:

It has never been, nor will it be Monsanto policy to exercise its patent rights where trace amounts of our patented seed or traits are present in farmer’s fields as a result of inadvertent means.

Monsanto confirms this policy in a letter from its legal representatives Wilmer Hale on 28 April 2011:

However, I can find no formal Monsanto policy document online which sets out this exemption for accidental contamination of non-GMO farmland or crops.

Nor can I find any current publicly available company documents which define the terms trace amounts and inadvertent means.

As accidental contamination by GMO seeds in Australia has been recorded at seventy per cent of the area of one West Australian organic farm, one has to wonder why trace amounts is so vague a phrase and what implications this may have as contamination instances spread.

It also remains a concern that while Monsanto continues to insist on patent enforcement it also insists that it is not liable for loss suffered from accidental contamination according to this legal opinion of 19 February 2011:

The language: "In no event shall Monsanto or any seller be liable for any incidental, consequential, special or punitive damages" limits and restricts the ability to sue for any damages. There is no "hold harmless" clause contained in the agreement to benefit the growers.

Monsanto's agreement shifts all liability to the growers, including contamination issues or any potential future liability.

* This post is part of North Coast Voices' effort to keep Monsanto's blog monitor (affectionately known as Mr. Monsanto) in long-term employment.