GM Alfalfa was in the food supply before USDA approval

“A food-safety advocacy group demanded on Friday that the U.S. government investigate how a Washington state alfalfa crop became tainted with a genetically modified trait that was illegal when the seed was purchased.”
Reuter’s , September 27, 2013

According to a recent article in Reuters, a Washington State farmer has filed suit against Monsanto.  Seems that his 2011 crop of alfalfa was rejected by a Japanese purchaser after it tested positive for GM material.  The odd thing is that the alfalfa in question was grown with seeds purchased from Monsanto in 2010, before GM alfalfa was approved for sale by the USDA.

Is anyone surprised?