More Liability May Be Attached To GM Crop Agreements

[geno@zap.a2000.nl]

On 1 Apr 2001, at 1:41, chris@igc.org wrote:

Biotech Activists (biotech_activists@iatp.org)    Posted: 
03/31/2001 
By  chris@igc.org	
=================================================
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                        More Liability May Be Attached To GM Crop
                        Agreements
Date Published/
Released
                        03/26/2001
Summary
                        This article asks, how much liability is an
individual producer exposed to if he/she grows genetically modified
[GM] crops? North Dakota State  University extension economist 
Dwight
Aakre reports that since GM crops can be traced growers are 
exposed to
potentially huge financial risks. According to the article, the
technology agreements that producers must sign to purchase 
GMO seeds
states that the grower is restricted from introducing  these
commodities to markets where it is not yet approved for import. 
Aakre
explains, "Signing that agreement means you accept a risk that 
you
have  very little control over. If a ship load of grain arrives at one
of these export markets, is tested and found to contain unapproved
genetics and the source can be traced back to your farm, what is your
responsibility? To the extent possible, this responsibility for
providing assurance of non-contamination
   with GMO materials is being pushed back to the individual 
producer." Technology agreements also state that the producer has the
responsibility to   provide any necessary crop isolation to insure
that pollen drift does not trespass on a neighbor's crop. Source
                        STATpub.com via www.checkbiotech.org
Author
Submitted By
                        Corrina Steward

Link to Story

http://www.checkbiotech.org/root/index.cfm?fuseaction=newsletter&topic
_id=5&subtopic_id=22&doc_id=840 Main Body
                        FARGO, ND -- Growing genetically engineered
crops increase the liability risks faced by growers, who have an
implied responsibility to ensure what  they harvest does not end up in
markets which cannot handle the merchandise.

                        North Dakota State University extension 
economist Dwight Aakre said the fact such crops can now be detected
exposes growers to potentially huge  financial risks.

                        "Do you know where your crops are ultimately
shipped to once they leave your farm?" asks Aakre. "In the past,
producers didn't need to worry about  that. Once payment was received,
little thought was given to how or where the crop was utilized or even
if it was to be used for human food, livestock feed or industrial
purposes."

                        However, for 2001, the technology agreement
that producers must sign to purchase some GMO seed states that the
grower is restricted from introducing  these commodities into channels
of trade where the potential exists for export to markets where it is
not yet approved for import, Aakre says. "Signing that agreement means
you accept a risk that you have very little control over. If a ship
load of grain arrives at one of these export markets, is   tested and
found to contain unapproved genetics and the source can be traced back
to your farm, what is your responsibility?"

                        Aakre says the fact that U.S. agriculture has
become dependent on the export market for sales of a significant
portion of most commodities produced, makes the issue especially
complicated. "Because some export markets do not accept all GMO crops,
responsibility falls on the seller to guarantee the  shipments are
free of or within accepted tolerance levels for the unapproved
genetics," he says. "To the extent possible, this responsibility for
providing  assurance of non-contamination with GMO materials is being
pushed back to the individual producer."

                        The technology agreement also states that the
producer has responsibility to provide any necessary crop isolation
necessary to insure that pollen drift does   not trespass on a
neighbors crop. Pollen drift from a GMO crop may result in economic
harm for a neighbor planning to market non-GMO crops.  How much
liability is an individual producer exposed to? Aakre says this is a
relatively new legal issue for producers and the implications are
relatively unknown.  "It is not only the mixing of production from
known GMO crops with production from non-GMO crops that is a concern.
Agricultural production does  not take place in a laboratory under
controlled conditions. Natural contamination from pollination can and
does occur meaning no producer can be   absolutely certain of genetic
purity," he says.

                        Aakre urges producers to learn more about the
legal risks and liabilities associated with GMO crops. "Each producer
has to determine what level of risk is acceptable," he says. "At the
very least, take a look at your farm liability insurance policy. Is
this liability even covered under your policy and to what extent?"

------------------------------------------------------------
Chris Desser
Funders Working Group on Emerging Technologies
2151 Pacific Avenue
San Francisco, CA 94115
415-561-2627
chris@igc.org



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