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08 April 2004

Why Australia is not prepared for commercial trials

Why NSW was right in not accepting the 3,000 ha coexistence trial proposal

The Federal government has approved GM canola on the understanding that "industry" is to manage coexistence issues. All canola growing states have introduced legislation placing a moratorium on the cultivation of GM canola. This legislation is in place while issues surrounding trade, liability, segregation and market access are considered.

A backdoor commercial release was being proposed by the GM companies with a request for 3,500ha "commercial" trials in NSW.

NSW has a promised moratorium to ban commercial release but they were considering a commercial trial which is almost identical to a commercial release. The difference with trials between pre and post OGTR approval is major (see here). Because there is little restriction with post-OGTR approval trials, it is considered a commercial release.

Last November, Minister Ian McDonald advised the NSW Parliament that "this trial was designed to test the stewardship program and protocols developed over the past year or so to ensure that genetically modified [GM] canola can be segregated from non-GM canola in the on-farm and post-farm handling and transport chain."

But there are no industry approved protocols!

We have our self appointed industry committee (the Gene Technology Grains Committee) that have prepared a principle document claiming coexistence is possible but are in the process of forming a different committee (the Canola Reference Group) to prepare the "how to" plans to manage outstanding issues of coexistence. Governments are wanting to test these non-existent management plans for trials but because they do not exist, the crop management plans prepared by Monsanto and Bayer Cropscience will be used instead. We have our Federal Government giving significant funding to this unformed committee run by the Oilseeds Federation claiming to police these unprepared management plans but in reality will be policing the GM industry crop management plans.

Somewhere in the confusion, industry forgot to prepare the industry accepted coexistence management plans. This will allow the GM industry to have a free run and receive government funding to police their own plans to collect their own royalties.

The coexistence plans are based on definitions that are illegal. To label a product as "Non-GM" or "GM-free" means no GM contamination and yet the GTGC are claiming that 0.9% contamination is acceptable. Unfortunately, the non-GM grower will be liable under the Trade Practices Act for delivering a contaminated product under an uncontaminated label, for recalls and for contamination cleanup.

There is no intention in the existing GTGC coexistence principles framework or the available GM industry crop management plans to segregate efficiently and it appears the aim of these trials is to contaminate and place all costs and liabilities onto those farmers not wishing to grow GM which will remove the choice of both farmers and consumers.

There are 300,000 canola seeds/kg or 300 million seeds/tonne. If 3,500ha trials are grown in NSW by Monsanto and Bayer Cropscience at an estimated harvest yield of 1.4t/ha then 1,470 billion seeds will be harvested. 147 billion seeds will remain in the paddock (usually 10% seed is lost) and at least 0.01% or 147 million seeds will be lost through spillage/leakage throughout the supply chain. Bayer Cropscience and Monsanto refused to take the liability for the implications from the expected damage to markets due to contamination. Farmers will not accept this risk to our non-GM status.

Who should be liable when every lost seed could spread and produce thousands of seeds the following year? Farmers will not accept this risk and Monsanto and Bayer Cropscience have a condition of license to prevent planting in GM-free zones (effectively no contamination).

How will they comply with this condition? Will testing procedures be available prior to approval? Who will compensate farmers for the loss of the GM-free status? Can the governments be confident that their state can return to status quo?

Before Australia proposes to progress with their first large scale commercial release in the guise of "trials", the question needs to be asked, "Is industry prepared?"

The answer is a very clear NO... as evidenced from the following debate recorded in the Senate Hansards.

--------------

Senate estimates reveal industry is not prepared

referenced extracts from (*here) 

Monday, 16 February 2004 Senate—Legislation RRA&T 1

SENATE

-Chair (Senator Heffernan): "...The chief GM debate centres around a market reality that no contamination is to be detected and an industry expectation that contamination is impossible to control and so will have to be tolerated. Do you agree that it will be pretty hard to segregate canola—GM from non-GM?..."

- Dr Samson—...The issue you raise is a very important one and clearly one that is going to have to be addressed as we move towards any commercialisation of GM canola.

--------- 

CHAIR—... What market research has AFFA undertaken to ensure markets accept a level of contamination?

Dr Samson—I am not aware at this point that we have undertaken any research like that.

---------

CHAIR- ...In other words, what are we planning to do about preventing the producers of the GM seed from going to the non-GM people and saying, ‘Well, you have some of our seed in your crop, therefore you better pay us the royalty’?

Dr Samson—Obviously there are a range of issues that you have brought to our attention. It would be disingenuous of me to pretend that we had the answers at this point in time to the issues that you have raised. ... At the end of the day, all the issues that you raise are going to have to be satisfactorily addressed before we move to a point of commercialisation. Of course, the moratoria that are in place at the moment across all the canola producing jurisdictions at least ensure that there is not going to be indecent haste and therefore provide time for industry to come up with those solutions.

-------

- CHAIR—It has been mentioned that an amount of $59,000 has been granted. So is there some money that has been granted to the Australian Oilseeds Federation to set up a canola reference group—

Dr Samson—I believe that is correct.

CHAIR—which plans to police co-existence principles that place the costs and the liabilities on those farmers not wishing to grow GM crops and give the GM seed priority through the supply chain? That is this reverse onus thing.

Dr Samson—Yes. I am not sure whether that is the case. I take that on notice, if I may...

CHAIR—In Canada this policing body is paid for by Monsanto, not the government. Is this correct? If so, why are we supporting the GM industry in preference to Australian farmers?

Dr Samson—I do not have any information on that, Senator, but we are happy to take that on notice.

---------------------------------------------------------------------

03 March 2004 - Referenced Extracts from (here)

Senator Cherry reveals no industry prepared management plans for trials

- The emphasis from all farming organisations is on the need for ensuring that farmers reserve the right to farm GM or non-GM canola without additional costs. Yet, there is no agreed protocol on how this can occur, and no agreed protocol even on how co-existence can be trialled.

- Minister Ian McDonald told the NSW Parliament last November that "this trial was designed to test the stewardship program and protocols developed over the past year or so to ensure that genetically modified [GM] canola can be segregated from non-GM canola in the on-farm and post-farm handling and transport chain."

But there are no protocols! They're only principles.

-"The reality is that there are no practical GTGC on-farm segregation principles and they have not been signed off by farmer representatives, much less approved by the whole industry. The GTGC has only referred management problems to another committee, which does not even exist yet"

- Australia's largest grains company, AWB Limited also has a policy that publicly states that the do not consider the GTGC protocols as adequate.

- That Mr Truss has declined to do so, and in the process has sought to mislead the Senate, and allowed his officers to mislead the Senate Estimates, is a very poor reflection on this Government's commitment to rigorously scrutinise GM technology and ensure that Australian farmers have a full choice on whether to accept it or not.

-----------------------------------------------------------------

It is clear industry is not prepared, however Mr MacDonald feels that industry is prepared and the common law for liability is sufficient. Common law requires the non-GM grower to be liable if they sign the required contracts and indemnities guaranteeing no contamination in order to comply with the legal requirement to label a product as "non-GM" or "GM-free".

Extract from NSW Parliamentary Hansard draft  Reference (here)

Minister Ian MacDonald    - "He can rest assured that the issue of liability is being dealt with in great detail by the advisory committee established by this House to advise me on matters relevant to proposals for exemptions for research projects under the GM legislation. He can rest assured that the issue of liability will be dealt with. In fact, I know the answers now but he can wait until we get some further information from the advisory council in the near future."

Will the NSW Advisory Committee adopt common law which will put all the costs and liabilities on to the non-GM grower or address specific liability problems by ensuring the GM industry is responsible for their product?

Julie Newman (Network of Concerned Farmers)

 

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09 November 2009
Industry avoid the truth about GM segregation problems

11 June 2009
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24 February 2009
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02 February 2009
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29 January 2009
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26 January 2009
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19 January 2009
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16 January 2009
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