Patented Plants & Property Rights What Every Landowner Should Know About Genetic Contamination & Legal Liability |
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Patented Plants & Property Rights What Every Landowner Should Know About Genetic Contamination & Legal Liability |
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“Farmers are being sued for having [genetically modified plants] on their property that they did not buy, do not want, will not use and cannot sell.” Tom Wiley, North Dakota farmer, Monsanto vs. US Farmers report, Center for Food Safety, 2005 |
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The production of GE crops has become widespread in the US, covering 28% of US cropland in 2005. GE trees are expected to be approved for commercialization soon. Genetically engineered (GE) plants have become so widespread that they are impacting landowners all over the world. While most family farm and forest owners do not produce GE crops, they should be aware of impacts GE plants can have on their property rights and the productivity of their land. GE contamination is the spread of GE traits through natural reproduction, resulting in the spread of GE varieties across the landscape. GE plants can readily interbreed with related non-GE plants. GE contamination in farm crops has occurred very rapidly, and contamination from GE trees is expected to occur even more rapidly. A study by the Union of Concerned Scientists concluded that seeds of non-GE varieties of corn, soybeans, and canola are pervasively contaminated by GE varieties. GE contamination was detected in 50 percent of the corn, 50 percent of the soybean, and 83 percent of the canola varieties tested. These crops have only been in production since 1996. In addition to facing legal liability when their land is contaminated, landowners also face losses in productivity and markets. GE plants are designed for specific uses, and if these uses are not compatible with your land management goals, then contamination will result in undesirable impacts. For instance, if you produce trees for sawtimber and your forest is contaminated by seeds or pollen from GE trees engineered to produce paper pulp, the resulting seedlings will likely produce trees suitable for pulp but not for sawtimber. Organic farmers whose land has become contaminated have lost access to their markets. Contamination will also have widespread consequences for the general health of your property, and scientists do not yet know what many of these impacts will be. For instance, many GE plants are engineered to kill insects, or outcompete non-GE plants. We face landscape impacts such as loss of beneficial insects, engineered invasive plants, and ecological imbalances. GE plants are patented by the biotechnology corporations who develop them, which gives the corporations exclusive ownership rights to any plants that contain the DNA they engineered. This means that when non-GE plants on your land are pollinated by GE plants nearby, or if seeds drift onto your property, the offspring (seeds, plants, and crops) that result are legally the property of the patent holder. You may be violating the law if you save seeds for next year, use natural regeneration to produce timber, or sell fruits and vegetables from contaminated land. Biotechnology corporations have successfully sued landowners whose land was contaminated by GE plants by no fault of their own, and have collected very large cash settlements. The biotechnology industry continues to seek policies and legislation that protect patent holders from liability, and prohibit state and local governments from passing laws that protect landowners and consumers. Landowners and seed companies who are responsible for genetically contaminating neighboring fields should be held legally liable for damages. However, no US court decision has set a precedent for this related to GE contamination. Landowners can file lawsuits based on: Trespass: Trespass can be the result of a person or a thing entering your property, such as pollen, seeds, etc. Nuisance: Nuisance occurs when someone interferes with another’s use and enjoyment of their property. Since genetic contamination can impact your ability to realize your goals for your land, nuisance could be claimed. Negligence: Negligence occurs when a person fails to act reasonably and causes harm to another. Because GE contamination is common, a court could rule that farmers have a duty to prevent this injury from happening. Strict Liability: Strict liability arises when someone engages in an abnormally dangerous activity. If a court determined that GE plants are “abnormally dangerous,” a neighbor affected by GE contamination could claim strict liability. Federal policies fail to protect landowners. In fact, the USDA has proposed policy that would protect biotechnology corporations and producers of GE plants from any liability for the impacts of contamination. Some local and state governments have adopted or are considering legislation to protect landowners from the negative impacts of genetically engineered plants. Prohibition Laws prohibit the sale and/ or production of GE plants, seeds, etc. to protect landowners from contamination, especially in communities where organic farming (the most rapidly growing agricultural sector) is prevalent. Liability Laws address liability and property rights concerns of landowners by 1) releasing landowners from any liability to patent holders when their land is contaminated by GE plants, and 2) holding patent holders strictly responsible for damage done when their GE plants contaminate someone’s property. Labeling Laws require that GE plants, seeds, and consumer products be clearly labeled as containing GE organisms. Regulation Preemption Laws are being passed by states to take away the rights of local governments to restrict the sale or production of genetically engineered plants in order to protect the interests of patent holders. For more information see: www.environmentalcommons.org/gmotracker.html Center for Food Safety (see Monsanto vs. US Farmers report) Farmers’ Guide to Genetically Modified Organisms GM Contamination Report 2005: A review of cases of contamination, illegal planting and negative side effects of genetically modified organisms Genetic Engineering Action Network
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