Farmers to fight farmers over a multi-million dollar GM liability
Network of Concerned Farmers, 8 April 2009

Farmers trialling genetically modified canola in Western Australia this month risk costly legal action, warns the Network of Concerned Farmers (NCF).

"We will launch actions on a whole range of fronts," said NCF spokesperson, Julie Newman. "Legally, non-GM means no GM, not even 0.001%."

"The basis of our legal action is that it's not the responsibility of a conventional farmer to keep contaminated crops out; it's up to the GM farmer to keep their crops contained."

"GM growers, not Monsanto, will be liable for any damage or economic losses to conventional farmers," said Julie Newman. "Very few people realise that recourse to the courts means that farmers will take legal action against farmers."

"Farmers who've volunteered for GM trials only need to look at their contracts to know that Monsanto will not protect their liability in the courts, or support their legal defence."

GM trial farmers risk being sued individually for the loss of their European and domestic markets and premiums, and the costs of testing and recalling contaminated produce.

They will also seek recovery of legal costs, and significantly, any fines, fees or end-point royalties for uncontrolled contamination.

"We will not follow the international trend where non-GM farmers have tolerated contamination, lost markets and are now being forced to pay fees for using a patented product they did not want and could not avoid."

This week the NCF are preparing letters to GM canola-trial farmers outlining their legal liabilities, and before seeding begins.

"We are simply making these farmers aware of what they are getting themselves into and their ultimate liability," said Julie Newman. "Our early notification states our refusal to accept the burden of contamination, inadequate crop management and coexistent plans."

"We are setting up a stronger legal case down the track should non-GM farmers wish to make a claim in the future."

Julie Newman said that if those supporting GM believe that there is no economic risk, they should accept full liability.

"It's not good enough to say she'll be right mate and then expect the non-GM farmers to carry the can," she said. "Anyone who has read the coexistence protocols knows they will fail on the basis of contamination."

"We will not accept market loss and we will not pay for contamination that we and our prolific and ever-expanding international markets don't want."

"If GM farmers find our legal remedy of protection unreasonable, they need to ask themselves why conventional farmers should pay for a market loss valued at literally millions of dollars, and caused by a product they choose not to use."

Contact: Julie Newman 08 98711562 or 08 98711644