In a recent court case OSGATA v. Monsanto, in which Monsanto was preemptively sued to keep the company from suing farmers due to genetic contamination of their crops by Monsanto’s genetically engineered varieties, the following decision was reached:
We conclude that Monsanto has disclaimed any intent to sue inadvertent users or sellers of seeds that are inadvertently contaminated with up to one percent of seeds carrying Monsanto’s patented traits.
There is one glaring problem with this, among many. And that is, GMO transgenic contamination is so widespread that even most seed suppliers cannot guarantee that the seeds they sell to farmers are not contaminated up to at least 2%.
The amount of GMO contamination that might be present in conventional alfalfa is not known. But a December 2011 report by Stephanie Greene, a geneticist with the USDA Agricultural Research Service, ARS, said that after Roundup Ready alfalfa was first deregulated in 2005 industry testing of conventional seed lots found levels of contamination as high as 2 percent.