Genetic Trespass: GMOs and Agriculture

Farmers are at risk of GMO genetic trespass wherever genetically modified organisms (GMOs) are allowed. An ‘apartheid’ between GM crops and non-GM crops is doomed to fail. The consequence is that GM crops contaminate non-GM crops. GM crops sell at a discount (currently 15%). So, a farmer’s crop that is contaminated by GMOs (e.g. from a neighbouring farm) will be downgraded from non-GMO to GMO, or from Certified Organic to GMO. This will result in an economic loss which is borne by the harmed farmer (rather than by the GMO farmer). The premium for non-GMO, or for Certified Organic, will be forfeited in the downgrade. Two case studies are provided (one from Canada, one from Australia) where non-GMO farmers with GMO contaminated crops have sought a legal remedy. These farmers found no remedy for GMO genetic trespass (and BigGMO multinational corporations have deep pockets for winning litigation against ‘Farmer Joe’). The Gene Technology Bill in its current iteration offers no protection to non-GMO farmers against the inevitable genetic trespass by GMOs (were GMOs to be approved for NZ agriculture). In the absence of a pre-emptive solution to the economic harms of GMO genetic trespass to the well being of NZ farmers, the Gene Technology Bill 2024 deserves to be rejected.

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Publication Details

Journal
Organic Eprints (International Centre for Research in Organic Food Systems, and Research Institute of Organic Agriculture)
Published
2025-03-01
DOI
https://doi.org/10.5281/zenodo.15118526
Primary Topic
Intellectual Property and Patents
Type
article
Field-Weighted Citation Impact
0.00
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article

Genetic Trespass: GMOs and Agriculture

John Paull
Organic Eprints (International Centre for Research in Organic Food Systems, and Research Institute of Organic Agriculture)
Intellectual Property and Patents
article

Genetic Trespass: GMOs and Agriculture

John Paull
article en

Abstract

Farmers are at risk of GMO genetic trespass wherever genetically modified organisms (GMOs) are allowed. An ‘apartheid’ between GM crops and non-GM crops is doomed to fail. The consequence is that GM crops contaminate non-GM crops. GM crops sell at a discount (currently 15%). So, a farmer’s crop that is contaminated by GMOs (e.g. from a neighbouring farm) will be downgraded from non-GMO to GMO, or from Certified Organic to GMO. This will result in an economic loss which is borne by the harmed farmer (rather than by the GMO farmer). The premium for non-GMO, or for Certified Organic, will be forfeited in the downgrade. Two case studies are provided (one from Canada, one from Australia) where non-GMO farmers with GMO contaminated crops have sought a legal remedy. These farmers found no remedy for GMO genetic trespass (and BigGMO multinational corporations have deep pockets for winning litigation against ‘Farmer Joe’). The Gene Technology Bill in its current iteration offers no protection to non-GMO farmers against the inevitable genetic trespass by GMOs (were GMOs to be approved for NZ agriculture). In the absence of a pre-emptive solution to the economic harms of GMO genetic trespass to the well being of NZ farmers, the Gene Technology Bill 2024 deserves to be rejected.

Organic Eprints (International Centre for Research in Organic Food Systems, and Research Institute of Organic Agriculture)
University of Tasmania (AU)
Openalex Percentile: Top 66%
Intellectual Property and Patents
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