Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of...
Transcript of Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of...
![Page 1: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/1.jpg)
KeynoteAgriculture & Food 2015Elenite, Bulgaria1-6 June 2015
Dr John PaullSchool of Land & FoodUniversity of [email protected]
Image: John Paull, 2014
Organic vs GMOsA case study
Organic versus GMOs.Organic agriculture v genetically modified organisms.Are these two agricultural technologies destined for co-existence or conflict?This is a case study from Australia about 2 neighbours in conflict.Michael Baxter who planted GM canola and Steve Marsh his organic neighbour.
1
![Page 2: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/2.jpg)
A few days ago, when I was boarding my plane to travel to EuropeI was greeted was the message “Be part of the future”.Today’s presentation is about the fight for the future - about imagined futures.What future are we imagining?
2
![Page 3: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/3.jpg)
The message at the airport went on to propose an answer “We will all fly organic”.The fight for GMOs and against GMOs is a fight for the shape of the future
3
![Page 4: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/4.jpg)
google.com
The case study I will share with you is from Australia.Australia as you see here is mostly desert - all of the central area.There is a green belt around the edges, down the east coast, then all of Tasmania & in the south west.
4
![Page 5: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/5.jpg)
google.com
The events in the case of Marsh & Baxter, the GMO farmer, occur in the south west.
5
![Page 6: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/6.jpg)
Image: John Paull, 2014
This is the wheat belt of Western Australia.The region is renowned for wheat and sheep.
6
![Page 7: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/7.jpg)
Image: John Paull, 2014
Not only wheat & sheep -you may also see some native Australian wild life - in this case an emu.
7
![Page 8: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/8.jpg)
GMOs - a contested technology
Corporate push
Consumer push back!
The case of Marsh v Baxter is one battleground of a bigger worldwide conflict. Let us look at some context. 1st let’s take a brief overview of GMO agriculture.2nd a brief overview of organic agriculture &3rd let’s look at some specifics of the Marsh & Baxter case.GMO technology is a contested technology.The contest is essentially a conflict of corporates versus consumers.Between a few big corporate pesticide companies pushing for the uptake of GMOs& the multitude of consumers who are pushing back against GMOs.
8
![Page 9: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/9.jpg)
GMO contestation?! patents! control! “substantially equivalent”! labelling! health! ecology ! environment - canetoad
There are at least 7 areas of contestation against GMOs. Should we allow patents over living organisms?Is it OK for pesticide companies to control our food supply? For corporate profit?There is the dubious doctrine of substantial equivalence - wanting to have it both ways - claiming a patent for difference & also an exemption from scrutiny on the basis of sameness.There is the fight to have GM products labelled.The impacts of GMOs on health, ecology & environment are uncertain & will remain so for generations.Are GMOs the new canetoads of Australia & the world? Canetoads seemed like a good idea at the time. Backed by science.But when things go awry there may be no recall.
9
![Page 10: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/10.jpg)
gmo-free-regions.org
As you will be aware, there has been steady resistance to GMOs throughout Europe - Europe has been @ the forefront in the resistance to GMOs -it is a resistance achieving uneven results.
10
![Page 11: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/11.jpg)
"
gmo-free
Here in Bulgaria, I am happy to report that Bulgaria is a GMO-free area. 11
![Page 12: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/12.jpg)
Moratorium
Moratoriumcanola & cotton
excepted
No moratorium
Moratoriumcanola & cotton excepted
Moratorium~Moratorium
canola excepted
No moratorium
Moratorium
In Australia the picture is more muddied.There is the Gene Technology Regulator.It is a federal agency that has approved GM cotton & GM canola.Each state nevertheless has taken its own position on these approvals.2 states,Tasmania & South Australia have strong moratoria in place.Other states have either no moratorium or a compromised moratorium.
12
![Page 13: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/13.jpg)
data: James, 2014
Rest11%Canada
6%India6%
Argentina14%
Brazil23%
USA40%
GMOs (ha) - Big 5
World total = 175.2 m ha
Worldwide, the uptake of GMO agriculture has been very limited.5 countries account for 90% of GMO plantings.and north & south America account for 85% of the world’s GMO plantings.
13
![Page 14: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/14.jpg)
Rest1%
Canola5%
Cotton14.00%
Corn30.00%
Soy50%
GMOs: 4 crops
data: CBAN, 2015
Just 4 crops account for 99% of GMO agriculture.Soy, corn, cotton & canola.The Marsh v Baxter case is about GM canola.
14
![Page 15: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/15.jpg)
Source: James, 2014
It is claimed that 25% of the world’s canola is GM canola.15
![Page 16: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/16.jpg)
Paull & Hennig, 2013
World Map of Organic Agriculture
Let’s briefly look at organic agriculture. It is a much more widely distributed agricultural technology.162 countries report annually certified organic farming statistics.This is a density equalizing map for organic agriculture.On this map, the bigger the area the more certified organic hectares.You will see that Australia is doing well, Europe is doing well, Africa is not doing so well.
16
![Page 17: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/17.jpg)
data: Willer & Lernoud, 2015
Rest39%
Spain4% China
5%USA5%
Argentina7%
Australia40%
Organic (ha) - Big 5
World total = 43.1 m ha
Australia accounts for 40% of the world’s certified organic agriculture.It is followed by Argentina, USA, China & Spain.
17
![Page 18: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/18.jpg)
99.7%
Australia0.3%
GMOs (ha)
data: Willer & Lernoud, 2015data: James, 2014
Rest of World60%
Australia40%
Organic Agriculture (ha)Australia & the World
Rest of World
When we compare Organic and GMO hectares in Australiawe see that Australia is a world leader in organics& a very minor player in GMOs.Australia has 40% of the world’s certified organic agriculture (17m ha & growing) &just 0.3% of the world’s GMO agriculture (0.5 m ha & shrinking).
18
![Page 19: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/19.jpg)
100%
Bulgaria0.00%
GMOs (ha)
data: Willer & Lernoud, 2015data: James, 2014
Bulgaria0.22%
Rest of World99.78%
Organic Agriculture (ha)
Bulgaria & the World
Rest of World100.00%
These are the comparable statistics for Bulgaria.Bulgaria has just 0.22% of the world’s certified organic agriculture &none of the world’s GMO agriculture.
19
![Page 20: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/20.jpg)
geneethics.org
GMO farms & silos 2015
These brown markers show GMO farms & silos this year in Australia as identified by an NGO.
20
![Page 21: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/21.jpg)
Councils excluding GMOs
geneethics.org
This map shows local councils in Australia who have a policy of excluding GMOs from their municipality.You will see the predominance of such councils in WA.
21
![Page 22: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/22.jpg)
GMO reported contamination events
geneethics.org
This map shows reported GM contamination events.5 states have reported such contamination events.
22
![Page 23: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/23.jpg)
geneethics.org
ogtr.gov.au
currentpost harvest monitoring
GMO trial sites
This map shows current GMO trail sites in REDand post-harvest monitoring sites in YELLOW.As with all the maps we are seeing agricultural pursuits around the periphery of the country.
23
![Page 24: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/24.jpg)
Now to Kojonup.It is in the south west corner of Australia.
24
![Page 25: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/25.jpg)
Image: John Paull, 2014
From the city of Perth to Kojonup is about a 3 hour drive.25
![Page 26: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/26.jpg)
Image: John Paull, 2014
Kojonup is a small rural town with a population of about 2100 people.Kojonup services the regional agricultural community.
26
![Page 27: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/27.jpg)
Image: John Paull, 2014
Kojonup
Kojonup is about 260 km from Perth the capital city of Western Australia.The land is flat & dry.The rainfall is adequate for cereals (530mm). The winter is reliably wet for growing & the summer is reliably dry for harvesting.Wheat yields are in line with the low rainfall & lower than international averages (eg 1.6 t/ha).
27
![Page 28: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/28.jpg)
Image: John Paull, 2014
Grain production has been an important economic activity in the regionsince this land was settled in the 1830s.
28
![Page 29: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/29.jpg)
Image: Australian Story, ABC TV, 2015
Steve Marsh and his wife, Sue, grow organic wheat, oats, rye, spelt and sheep just outside of the town of Kojonup.
29
![Page 30: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/30.jpg)
Image: John Paull, 2014
The Marsh farm has been a certified organic farm since 2006.Signs on the boundary identify the farm as organic,and it is common knowledge in the district that the Marsh farm is an organic farm.
30
![Page 31: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/31.jpg)
Image: Australian Story, ABC TV, 2015
A neighbour to Marsh is Michael Baxter.Baxter grows cereal crops, sheep, and canola.Here he standing in a canola field.
31
![Page 32: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/32.jpg)
BaxterGMO farmer900 ha
MarshOrganic farmer
477 ha
Common boundaryafter WA Supreme Court, 2015
The farms of Marsh & Baxter share a common boundary of about 3.6 km - shown here in pink.The GMO farm is on the left in yellow.The organic farm is on the right in blue.The GM farm is 900 ha & the organic farm is 477 ha.
32
![Page 33: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/33.jpg)
BaxterGMO900 ha
MarshOrganic
477 ha
Common boundary
GM
canola
GM
canola
after WA Supreme Court, 2015
after WA Supreme Court, 2015
non-GM
canola
2010 @ Kojonup, WA
In 2010 Baxter planted GM canola in 2 of his boundary paddocksHe planted non-GM canola in a middle paddock.Baxter says he ran out of GM seed.
33
![Page 34: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/34.jpg)
Image: John Paull, 2014
This is GM canola.Before 2010 it could not legally be grown in WA.
34
![Page 35: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/35.jpg)
Image: John Paull, 2015
Canola is used for cooking oil.Most of Australia’s canola crop is non-GMO.
35
![Page 36: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/36.jpg)
Image: John Paull, 2015Image: John Paull, 2015
You see this canola oil is clearly labelled as a non-GMO product.36
![Page 37: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/37.jpg)
GM canola on the boundaryi. malicious ?ii. foolhardy ?iii. reckless ?iv. provocative ?v. threatening ?vi. stupid ?vii. sound farming practice?
image: WA Supreme Court, 2015
There is an unresolved question as to just why Baxter planted GM canola on the boundary of an organic farm.He had been warned prior that such an action could jeopardise Marsh’s organic certificationHe went and did it anyway.Was it malicious, foolhardy, reckless, provocative, threatening, stupid, or sound business practice? or all of the above?
37
![Page 38: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/38.jpg)
BaxterGMO900 ha
MarshOrganic
477 ha
Common boundary
GM
canola
GM
canola
###
###
after WA Supreme Court, 2015
after WA Supreme Court, 2015
non-GM
canola
2010 @ Kojonup, WA
#
Anyway, the result was that GM canola blew across the organic farm.Swathes of GM canola were identified on the organic farm.The paddocks (7-13) marked with a red cross were decertified due to GM contamination.This was 70% of the Marsh farm decertified in 2010.
38
![Page 39: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/39.jpg)
TimelineDec 2003 GM canola approved for Australia2004 GMO moratorium in WASept 2008 Conservative WA government electedNov 2008 Marsh warns Baxter Jan 2010 WA moratorium exemption for GM canolaMay 2010 Baxter plants GM canolaDec 2010 Baxter swathes GM canolaDec 2010 Marsh finds GM seeds, pods, swathesDec 2010 Marsh loses organic certificationApril 2012 Marsh sues BaxterFeb 2014 Case heard (12 days) Mar 2015 2 Appeals heard (3 days) - results awaited
Here is a timeline of the events before and after the contamination events of 2010.GM canola was approved for Australia in 2003 - but the WA government put a moratorium in place.That changed when the govt changed in 2010.Baxter immediately took advantage of the exemption.What followed was ... the contamination ... the decertification ... the legal action
39
![Page 40: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/40.jpg)
Image: John Paull, 2014Perth
There has been popular support for the organic farmer.On the other hand, the WA Farmers & Graziers Association supported the GM farmer.
40
![Page 41: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/41.jpg)
Marsh v Baxter
i. Nuisance ii. Negligence iii. Injunction iv. Damages
Martin, 2014
There are 4 elements to this case: nuisance, negligence. injunction & damagesNuisance - that the events have been a nuisance to Marsh.Negligence - that Baxter was negligent, that he did not take due care.Injunction - that the court order Baxter’s behaviour to be different in the future.Damages - that Baxter pay Marsh the losses incurred due to his decertification.
41
![Page 42: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/42.jpg)
• 8-10 Nov 2010 crop is swathed• heads cut off & herbicided & windrowed• wind > swathes, seed pods into organic farm• 2-4 Dec 2010 swathes collected • Judge: novelty is a defence
Harvest - swathing
There was quite a lot of court time spent on the method of harvesting of the GM canola.Baxter had grown non-GM canola for a decade.Previously he had always direct headed the crop - the harvester went thru & the seeds were gone from the paddock.For the GM canola Baxter changed his practice, he swathed the crop - cut the stalks, herbicided, windrowed the cut stalks, and left them for 3½ weeks before collection.
42
![Page 43: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/43.jpg)
BaxterGMO900 ha
MarshOrganic
477 ha
GM
canola
GM
canola
###
###
after WA Supreme Court, 2015
after WA Supreme Court, 2015
non-GM
canola
2010 @ Kojonup, WA
#
Which explains how the GM canola material - swathes, stalks, seed pods & seeds came to be blown across the Marsh farm.They had been left to the vagaries of the winds for those 3½ weeks
43
![Page 44: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/44.jpg)
Contamination?• 245 GM canola swathes > organic farm• 1.2 km into the organic farm• Farmer: “contamination”• Certifier: “contamination”• Agreed: “no genetic contamination”• Judge: “incursion”
The judge accepted that 245 GM canola swathes were blown onto the organic farm.And that they had intruded 1.2 km into the farm.To the organic farmer, and to the certifier, this GM material was “contamination”.But to the judge, it was an “intrusion” rather than contamination.
44
![Page 45: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/45.jpg)
i. Nuisance?• to prove - interference • to prove - loss of enjoyment & use• Judge: no physical damage• Judge: Marsh to pursue the certifier
*Martin. 2014
Let’s look at the 4 elements of the case.For nuisance, the burden of proof is low.It is to prove that Marsh has lost some use & enjoyment of his land.The judge found that there was no physical damage to the Marsh farm.He suggested that Marsh take up the decertification with his certifier rather than Baxter.
45
![Page 46: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/46.jpg)
ii. Negligence?
• To prove: nuisance + carelessness• Judge: novel harvesting method (swathing) • Judge: novelty is a defence
For negligence, the burden of proof is higher.It had to be proven that Baxter was careless & acting in disregard of his neighbour.If nuisance cannot be established then the case for negligence will also most likely fail.Judge stated that Baxter had not used swathing as a harvest method before & so Baxter could not have forseen the blowing of the GMO material onto the organic farm.
46
![Page 47: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/47.jpg)
iii. Injunction?• a court order to stop a future action• ask: 2 km buffer• ask: 1.5 km buffer• ask: 1.1 buffer• ask: no swathing• no empirical evidence presented
*A$85,000
Marsh sought to permanently restrain Baxter from some future course of action.An application for a permanent injunction escalates a case to the Supreme Court.The initial request was for a 2km buffer zone between a future GM crop and the organic farm.There was a cascading retreat of demands - down to 1.5 km, then down 1.1 km, then zero.The buffer zone idea was relinquished & replaced with the request for a ban on swathing as a harvest method.
47
![Page 48: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/48.jpg)
iv. Damages?• €60,400*• agreed• loss of organic certification• loss of organic premium
*A$85,000
The fourth element of the case was the damages.The losses to Marsh were agreed at €60K.Marsh had lost his certification & along with that he lost the price premium for organic.
48
![Page 49: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/49.jpg)
Marsh v Baxter
i. Nuisance #ii. Negligence #iii. Injunction #iv. Damages #
Martin, 2014
When the judgement was delivered it was a resounding loss for the organic farmer.All 4 points were lost.The judge declared no nuisance, no negligence, no injunction, and no damages.
49
![Page 50: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/50.jpg)
Image: Australian Story, ABC TV, 2015Baxters visit New Zealand with Monsanto $
The Baxter’s had a trip to New Zealand paid for by Monsanto -the provider of the GM canola.
50
![Page 51: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/51.jpg)
JudgementNuisance: “no”Negligence “no”Injunction: “no”Damages: “no”Costs awarded: €570,000 to GMO farmer
Martin, 2014 *A$804,000
Added to the loss on all 4 points was thatthe judge awarded costs of €570,000 (A$804,000) against the organic farmer.
51
![Page 52: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/52.jpg)
Image: Australian Story, ABC TV, 2015Image: Australian Story, ABC TV, 2015
So the stakes are now very high.The big picture is of Monsanto versus the World.The close-up picture is that of an organic farmer who could lose his farm.And be bankrupted due to the award of costs.
52
![Page 53: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/53.jpg)
Image: John Paull, 2015
The Marshes appealed firstly the case & secondly the award of costs.This took the case to the Appeals Court of the Supreme Court of WA in March 2015.
53
![Page 54: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/54.jpg)
Image: John Paull, 2015
Appeals Court 2015
The 2 appeals were heard over 3 days before 3 judges.54
![Page 55: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/55.jpg)
5 Responses
1. Government: Change GMO tolerance from 0% to 0.9% #2. Organic farmer appeals against judgement ~ TBD3. Organic farmer appeals against costs ~ TBD4. Certifier: Remove 5 year exclusion ~ TBD5. Certifier: Replace fact with intention ~ TBD
In the wake of the Marsh v Baxter case there have been 5 responses:Government proposed to change GMO tolerance in organics from 0% to 0.9% - this has been rejected.The 2 appeals - we are awaiting the results.One certifier has suggested that GMO contamination should be treated more leniently -TBD.
55
![Page 56: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/56.jpg)
Image: John Paull, 2014
And then there is the reiteration of the call from consumers to reinstate the moratorium &to reverse the GM canola exemption.
56
![Page 57: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/57.jpg)
Image: John Paull, 2015
This is Sue & Steve Marsh @ the appeals.They are hopeful for positive outcomes from the appeals.
57
![Page 58: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/58.jpg)
Image: John Paull, 2015
Popular support was demonstrated for the Marshes @ the Supreme Court during the appeals.
58
![Page 59: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/59.jpg)
Legal CostsGMO
€570,000* 12 days casec.€142,500** 3 days appeals
Total: c.€712,500***
• Monsanto?• WA PGA?
Organic
c.€570,000*** 12 days casec.€142,500*** 3 days appeals
Total: c.€712,500***
• Pro bono• Crowd sourced• Safe Food Foundation
Legal costs to date: c.€1,425,000**
* A$804,000, Martin, 2014; *estimated pro rata per diem based on A$804,000; ** estimated
Meanwhile the legal costs are mounting.I estimate the legal costs to date at c.€1,425,000.So there is a great disproportionality between the original damages of €60K & the legal costs approaching €1.5M.
59
![Page 60: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/60.jpg)
Marsh v Baxter 2015 Snapshot1. Resolution: none
2. Time: > 6 years3. Money: c. €1,425,0004. Monsanto :-)5. Organics :-(6. Certification: restored (Dec 2014)7. GMOs on boundary: none8. Damages: none recovered9. Injunction: no prospect10. Appeals x2: await results11. Bankruptcy: possible12. Mutual co-existence: not demonstrated
* estimated
In summary, here is a 12 point snapshot of the current state of play.60
![Page 61: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/61.jpg)
Image: John Paull, 2014
Thank you … Questions …
[email protected]@mail.com
Thank you - I would welcome your questions.61
![Page 62: Organic vs GMOs A case study - orgprints.org · World total = 175.2 m ha Worldwide, the uptake of GMO agriculture has been very limited. 5 countries account for 90% of GMO plantings.](https://reader035.fdocuments.in/reader035/viewer/2022070905/5f75881d532eb42f2172b0ca/html5/thumbnails/62.jpg)
ReferencesCBAN. 2015. Where in the world are GM crops and foods? The reality of GM crops in the ground and on our plates. Ottawa, Canadian
Biotechnology Action Network (CBAN).
James, C. (2014). Global Status of Commercialized Biotech/GM Crops: 2013. Brief 46. Manila, Philippines: International Service for the Aquisition of Agri-Biotech Applications (ISAAA).
Martin, K. (2014). Judgment: MARSH -v- BAXTER [2014] - WASC 187BC201302729; CIV 1561/2012. Perth: Supreme Court of Western Australia.
Paull, J. (2008). Beyond equal: from same but different to the doctrine of substantial equivalence. M/C Journal of Media and Culture, 11(26).
Paull, J. (2014). Organic versus GMO farming: Contamination, what contamination? Journal of Organic Systems, 9(1), 2-4.
Paull, J. (2015). GMOs and organic agriculture: Six lessons from Australia. Agriculture & Forestry, 61(1), 7-14.
Paull, J., & Hennig, B. (2013). The World of Organic Agriculture - Density-equalizing map. In H. Willer, J. Lernoud, & L. Kilcher (Eds.), The World of Organic Agriculture: Statistics and Emerging Trends 2013 (pp. 129): Frick, Switzerland: Research Institute of Organic Agriculture (FiBL) & Bonn: International Federation of Organic Agriculture Movements (IFOAM).
Willer, H., & Lernoud, J. (Eds.). (2015). The World of Organic Agriculture: Statistics and Emerging Trends 2015: Frick, Switzerland: Research Institute of Organic Agriculture (FiBL) & Bonn: IFOAM-Organics International.
ReferencesCBAN. 2015. Where in the world are GM crops and foods? The reality of GM crops in the ground and on our plates. Ottawa, Canadian Biotechnology
Action Network (CBAN).James, C. (2014). Global Status of Commercialized Biotech/GM Crops: 2013. Brief 46. Manila, Philippines: International Service for the Aquisition of
Agri-Biotech Applications (ISAAA).Martin, K. (2014). Judgment: MARSH -v- BAXTER [2014] - WASC 187BC201302729; CIV 1561/2012. Perth: Supreme Court of Western Australia.Paull, J. (2008). Beyond equal: from same but different to the doctrine of substantial equivalence. M/C Journal of Media and Culture, 11(26). Paull, J. (2014). Organic versus GMO farming: Contamination, what contamination? Journal of Organic Systems, 9(1), 2-4. Paull, J. (2015). GMOs and organic agriculture: Six lessons from Australia. Agriculture & Forestry, 61(1), 7-14. Paull, J., & Hennig, B. (2013). The World of Organic Agriculture - Density-equalizing map. In H. Willer, J. Lernoud, & L. Kilcher (Eds.), The World of
Organic Agriculture: Statistics and Emerging Trends 2013 (pp. 129): Frick, Switzerland: Research Institute of Organic Agriculture (FiBL) & Bonn: International Federation of Organic Agriculture Movements (IFOAM).
Willer, H., & Lernoud, J. (Eds.). (2015). The World of Organic Agriculture: Statistics and Emerging Trends 2015: Frick, Switzerland: Research Institute of Organic Agriculture (FiBL) & Bonn: IFOAM-Organics International.
62