In the situation that you described, we would not take any legal action. In fact, we have a long-standing public commitment that “it has never been, nor will it be, Monsanto’s policy to exercise its patent rights where trace amounts of our patented seeds or traits are present in a farmer’s fields as a result of inadvertent means.”
In reality, farmers have been successfully growing conventional, organic and GM crops―sometimes even on the same farm―for years through good communication, cooperation, flexibility and mutual respect for each other’s practices and requirements. Since coexistence strategies can be different depending on the crops and practices used, experts recommend that neighbors work together to develop coexistence plans on a case-by-case basis.
Since the beginning of the federal National Organic Program (NOP), I am not aware of any certified organic farm that has lost its USDA certification due to accidental mixing with GM seed.