[Greens-Media] Legal advice torpedoes protection for GM-free farmers

[Nic Clyde]

Media Release from Ian Cohen MLC
Tuesday 5th February 2008
  
Legal advice torpedoes protection for GM-free farmers
 
New legal advice obtained by Greens MP Ian Cohen warns that biotech
companies will still be able to sue NSW farmers for patent infringement
despite the so-called ‘legal liability’ protections negotiated by
the Coalition at the end of last year.
 
“Our advice is that the Gene Technology (GM Crop Moratorium)
Amendment Act 2007 will not protect NSW farmers against patent
infringement actions that may be pursued by biotech companies.
 
“Whilst the amendments will provide some cover for farmers in NSW
courts, it will provide none against the Patents Act which is
enforceable through the Federal Court.
 
“Farmers were relying on the Opposition to make sure they were
protected by a solid legal liability regime. Instead, they buckled under
the Government’s pressure and now farmers are left with a legal Swiss
cheese standing between them and the biotech multinationals.
 
“The Coalition told the Upper House in November of last year that
their amendment would ‘ensure that if a non-GM grower gets GM material
on his property, he will not be liable to prosecution as a result’.
Clearly this is a promise they were never able to make and cannot keep.
 
“It’s no surprise that a Rural Press survey of farmers in October
of last year found that only 27% want the option of growing GM grain
crops. Farmers tell us this is because farm gate benefits remain
unproven and legal liability issues have not been sorted out. In
addition, the community tell us they don’t want to eat GM foods.
 
“Farmers have been sold a dud with these GM canola amendments. The
crop is famous for the promiscuous pollination that makes segregation
from GM-free product impossible. Unfortunately our major party
politicians are equally infamous for their promiscuous pollination of
bad legislation. 
 
“The moral majority are right on this one – the only way to protect
against GM foods is to ‘just say no’,” said Mr Cohen.
 
 
Further Information: Ian Cohen: 0409 989 466 or Nic Clyde on 0417 742
754

Nic Clyde
Adviser, Greens MLC Ian Cohen
Macquarie Street, Sydney, 2000
Tel: +61-2-9230 3305, Fax: +61-2-9230 2267
Mobile: 0417 742 754
Web: www.iancohen.org.au