GM genie out of the bottle – who’s liable for contamination? - 27 November 2007

In the wake of a decision announced today to lift the blanket ban on GM food crops – specifically canola - NSW Greens MP Ian Cohen will move a motion in the NSW Upper House tomorrow in an attempt to protect farmers who want to remain GM free.

"The Greens intend to fight tooth and nail to protect farmers who want to exercise their choice to remain GM free," Mr Cohen said.

“The government today has said that farmers whose land is contaminated by their neighbour’s GM crop will be protected by common law but the experience of canola farmers in Canada is different.

“Far from enjoying common law protection, Canadian canola farmers whose crops have been contaminated by GM canola seeds have been famously sued by aggressive bio-tech companies claiming unlawful use of their patented plant.

“Common law protection is inadequate in NSW should there be an outbreak of GM canola as a result of the lifting of the moratorium.

“You can make the farmer who planted the GM crops liable in the event of an outbreak or you can make the company or owner of the patent or intellectual property in that genetic material liable.

“The Greens believe that the biotech companies pushing this technology onto the community should be legally responsible for losses that GM-free farms suffer as a result of contamination. This is why NSW needs so-called ‘strict liability’ laws.

“There is – of course – another question that needs to be answered: who is responsible for damage to the natural environment as a result of the release and subsequent escape of genetically modified organisms?

“It’s disappointing although sadly not surprising, that this decision was announced as a fait accompli before the release of the 1375 submissions to the GM Crop Moratorium Review. The Minister told the Parliament on the 6th November that the submissions would be made available but has ‘issue managed’ the debate by only putting them on the DPI website this afternoon,” Mr Cohen said.

Further Information: Ian Cohen on 0409 989 466 or Nic Clyde on 0417 742 754