Can GM and organic farms coexist?

Writing for the Guardian, Australian Research Council future fellow Matthew Rimmer said the ruling raised the prospect of "biotrespass" laws to protect organic farmers.

The decision in Marsh v Baxterwill no doubt reignite the debate over GM crop liability. A number of scholars have argued that there is a need to revise liability regimes in respect of biotechnology. Professor Jeremy de Beerfrom the University of Ottawa has argued that there is a need to adapt the legal principles of trespass to accommodate recent developments in biotechnology, nanotechnology, and synthetic biology. He has called for the creation of a cause of action for "biotrespass".

No doubt the agricultural biotechnology industry would resist such efforts at law reform. From their perspective, GM crops should be subject to the same liability regimes as other forms of farming and agriculture.

At an international level, there will be further debate over the position of GM crops in the sweeping regional agreements under negotiation – including the Trans-Pacific Partnership. There is an intense struggle between organic farmers and the biotechnology industry at a number of levels in these international agreements.

The Marsh's lawyer, Mark Walter, said the case would have ramifications for Australia's organic industry and raised the possibility of appeal:

"This is a disappointing result for Mr Marsh and leaves Australia’s non-genetically modified food farmers with no legal protection against contamination from nearby properties ... We will closely examine the judgement of this complex and unique case and advise our client of his legal options, including his right to appeal."

The Safe Food Foundation, which helped bankroll Marsh's case, said the future for organic food in Australia was now "uncertain". The Foundation said the judge had erred by criticising Australia's organic food regulators for stripping Marsh's organic status.

The court in its judgment stated the decision by NASAA (National Association of Sustainable Agriculture Australia) to decertify Steve was erroneous. Given the extent of the contamination of Steve’s farm we fail to see how NASAA could have taken any other decision. Certainly 100% of organic consumers would support the NASAA decision.

Because the court did not recognise the NASAA decertification the court did not recognise the economic loss Steve suffered, and dismissed the case that Steve had brought for negligence and nuisance.

Foundation director, Scott Kinnear, said:

“This is a huge setback for organic and Non GM farmers and their choice to remain GM Free. This has been an important test case, of interest to many parties, locally and globally.

“We also call on our legislators to work on finding a solution to this vexed issue. State and Federal governments have continuously stated that the solution to any GM contamination events is common law. This has clearly failed today and demonstrates that the law has not kept up with new technologies such as GM.”

NASAA general manager Ben Copeman said the decision highlighted the need for legislative change for the sector and that it had opened up a "Pandora box" of conflict between the GM and organic farming sectors.

“We found GM canola growing on organically certified land. The court found that there was no risk of GM contamination. While tolerance thresholds for GM contamination are governed by the Federal Government under the National Standard for Organic and Biodynamic Produce, it is not a legislated standard and is not recognised by the courts." More

 

© 2014

Uncertainty on figures hampering food security efforts

More than 600 scientists gathered in the Netherlands for a global food security conference, described as the first of its kind.

The combination of poor harvests
and rising demand has increased
price volatility in global grain markets

Organisers said science could help end uncertainty surrounding efforts to meet the food needs of future generations.

They added that, until now, there were many policy debates on food security but there was no scientific forum for researchers to share knowledge.

The next food security conference will be held in the US in 2015.

"A really key message from the conference for us is that we have got lots of estimates about needs of population growth etc, but at the moment we are so uncertain of the exact numbers - the uncertainty is really very high," said conference co-chairman Ken Giller, professor of plant production systems at Wageningen University.

"We talk about the current population being seven billion, moving to 9.2 billion in 2050 and the estimate is that we need to increase production 70% or more.

"But there are many different ways of addressing that. If we don't know what the problem is then we can't get started in addressing them."

Appetite for change

Prof Giller said there was "unprecedented interest" among the scientific community when details of the conference was first announced.

"We did anticipate about 250-300 people , but we actually ended up with more than 900 abstracts being submitted," he told BBC News.

"The conference was basically sold out - we had 600 people and that was all we could accommodate."

He explained that the conference was designed to create a forum where representatives from the different branches of science could come together and discuss and debate the issues of global food security.

"We pulled together a science committee with the real aim to make the conference broad and to include all the main disciplines," he said.

"We had people on the science committee from economics, nutrition and we had people dealing with food waste, which is a very important topical issue."

Prof Giller said that current estimates suggested that 30-40% of the food produced was wasted and not eaten.

Other themes that were discussed at the conference included:

• Nutritional security,
• Sustainable intensification of food production systems,
• Novel ways of feeding nine billion,
• Agricultural production as feedstock for renewables.

The organisers hope that the outcomes from the four-day event in Noordwijkerhout, South Holland, will help focus the scientific world's contribution to the UN global policy system.

One of the UN's eight Millennium Development Goals (MDGs) was to "eradicate extreme poverty and hunger" by 2015, which included the target of halving - between 1990 and 2015 - the proportion of people suffering from hunger.

Assessments suggest the target is "within reach". However, a 2013 report on the progress of the MDGs warned that one in eight people remained chronically undernourished.

UN Secretary General Ban Ki-moon has announced that he wants to build on the MDGs, replacing them with a suite of Sustainable Development Goals that will run from 2015-2030.

He said one of his priorities was to "adopt globally agreed goals for food and nutrition security, mobilise all key stakeholders to provide support to smallholder farmers and food processors and bolster the resilience of communities and nations experiencing periodic food crises". More