Archived press release

MPs debate new law on GM liability

15 November 2000

A new law that makes biotech companies liable for any harm or damage caused by GM crops or food will be put before the House of Commons later today. At present no-one is legally responsible for GM mishaps. And according to a legal opinion delivered today by a leading barrister, the civil law won't help farmers or beekeepers seeking compensation for the GM contamination of their crops or honey.

The Genetically Modified Food and Producer Liablity Bill is being presented today by Alan Simpson MP (Labour - Nottingham South) [1]. It will require biotech companies to have insurance cover for all types of claim and to establish a compensation fund for cases where blame is hard to apportion.

Recent cases of maize-based foods contaminated with unapproved genes in the US and Europe have highlighted the economic damage that GM pollution can cause [2]. Earlier this year hundreds of UK farmers had to plough in crops of oilseed rape after imported seed from Canada was found to be contaminated [3] by cross-pollination from a GM crop 4km away. Bee farmers are currently being advised to move their hives six miles from the nearest GM test site.

Damage to the environment from GMOs is not covered by any existing legislation [4]. The UK Government is relying on a EU Environmental Liability Directive in 4 years time. This could lead to farmers and retailers being sued for any health problems associated with GM foods.

FOE asked top Barrister Steven Cragg to look at 3 possible GM contamination scenarios:

• farmers growing oilseed rape within cross pollination distance of a GM crop;
• beekeepers with hives within flying distance of GM crops;
• fruit growers who may lose pollination services of beekeepers.

Steven Cragg says in his report:
“My conclusion is that those who may potentially (or actually) suffer loss because of contamination by GMOs are unlikely to have an effective cause of action at common law. And, indeed, even if the possibility of legal action is accepted, the high risk of losing (and cost implications of this) is very likely to deter potential litigants”

Pete Riley Real Food Campaigner of Friends of the Earth said:
“The biotech industry claims that GM crops and food are safe yet they refuse to accept full liability for them. It's no wonder the public have got such little confidence in them. It's about time the Government took decisive action and refused to let GM crops or food enter the market until strict liability legislation is in place. And they can start on that today by backing Alan Simpson's Bill to make GM firms carry the can if anything goes wrong.”

Alan Simpson MP said:
“My Bill is very simple. It requires those who bring GM foods and crops to the market to be entirely responsible for the impact they may have. Farmers are in a very exposed position - they cannot get insurance for GM damage. After the BSE crisis it would be a scandal if farmers and the tax payer picked up the bill if GM crops cause harm. Most people will agree that it is only fair that the polluter should pay if GM crops prove to cause problems”

NOTES TO EDITORS:

[1] The Bill is a Ten Minute Rule Bill.

[2] In the US in September a number of products were recalled after they were found to be contaminated with Starlink, a type of GM maize. Starlink is not approved for human food because of concerns about allergies. This incident is estimated to have cost the US food industry $100 milion. Earlier this month FOE discovered that tortilla chips bought in a number of leading supermarkets in the UK were contaminated with Monsanto's GA21 gene.It is not approved for sale in the EU.

[3] A batch of oilseed rape seed grown in Canada was found to be contaminated with Aventis' herbicide tolerant genes - farmers in the UK, Sweden, Germany and France were affected. In the UK, Advanta Seeds UK which sold the seeds were forced to compensate farmers after it was revealed that the oilseed crushing industry announced they would not buy contaminated crops.

[4] A GMO Deliberate Release Directive 90/220/EC is currently being revised. It is due to get final approval in early 2001. The European Parliament removed a clause on liability in April but this could be re-inserted into the final directive if Member States and the European Parliament agree.

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Published by Friends of the Earth Trust