1.Farmers fight back in GM debate
2.Letters to farmers
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1.Farmers fight back in GM debate
Press Release, 5 November 2004
http://www.non-gm-farmers.com/news_details.asp?ID=1730

The Network of Concerned Farmers (NCF), an alliance of Australian conventional and organic farmers are standing their ground against the multinational company Bayer Cropscience regarding liability issues surrounding GM crops. Bayer Cropscience have been growing GM trials in both Victoria and South Australia this year and the NCF claim these trials are the start of unfair liability and future economic risk to their industry.

"Farmers are now expected to sign contracts guaranteeing no GM is present but why should we accept liability for contamination with a GM product we and many of our markets don't want?" asked Julie Newman, National Spokesperson and WA farmer.

"We are positioning ourselves for a future class action against Bayer Cropscience if economic loss is caused by contamination with their GM product."

Trials in Victoria have been kept confidential at the request of Bayer Cropscience. In the last month, NCF lodged adverts requesting site information from the public, they then chartered a plane and took photos of sites reported to be likely to be GM canola trials. After posting these on their website requesting owners of non-GM sites to contact them, through a process of elimination they have identified one site as GM and one that is likely to be GM. The NCF have recently posted letters to farmers in these areas encouraging them to notify Bayer Cropscience to guarantee a GM-free status in an effort to assign liability to Bayer Cropscience.

"We are encouraging farmers to forward letters to Bayer Cropscience insisting they accept liability for their trespassing GM products," Mrs Newman explained.

The letter explains the intention of the farmer to remain GM-free and includes the following:
"In light of:
- My contractual liability for GM contamination within my grain harvest;
- The current unknown locations of trials in Victoria and the fact that I am either within 10 kilometres of a trial stie or do not know if trials are being conducted near my farm;
- My inability to ascertain whether GM contamination has occurred on my farm;
- The fact that the trials are subject to fewer protective requirements than former (and much smaller) OGTR trials;
- The fact that the Federal OGTR no longer guarantees a GM-free status

I am writing to Bayer Cropscience in order to insist that prior to delivery of my product and signing of contracutal guarantees:
- Bayer Cropscience will undertake testing of my farm and product to detect if GM canola is present;
- Bayer Cropscience will collect any Bayer Cropscience patented GM product that is trespassing on our land;
- Bayer Cropscience will provide a written guarantee that my product(s) and farm are free of any GM contamination."

The NCF claim they have been lobbying for over two years for a strict liability regime in legislation but this has not been adopted as yet.

"The GM industry has vehemently opposed a strict liability regime as they prefer non-GM farmers to be liable, but farmers don't want the liability either," said Mrs Newman.

"This year is different as the Federal government no longer guarantees a GM-free status and it is important to make it clear right from the start that liability can not be assigned to those not wanting to grow GM crops. Strict liability makes far more sense but this is the best we can do until then."

Julie Newman 0427 711644 (from Monday) or 08 98711562
Geoffrey Carracher 03 53866261
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2.Letters to farmers
The following letters were sent to farmers in areas surrounding trial sites in Victoria:
http://www.non-gm-farmers.com/news_details.asp?ID=1732

October 2004

Dear farmer

Are you aware that GM canola is being grown in your area by farmers under contract to Bayer Cropsciences? Are you aware that now the Federal Government has approved GM canola, and that for the first time they no longer issue a guarantee of GM free status? Are you aware that to sell or to sign a contractual guarantee as "GM-free" and "non-GM" , you must have no detection of GM canola? Are you aware that there is market rejection for traces of GM grains in other grains and stock fed GM grains (eg. half of our wheat export volume)?

Are you aware that if GM contamination is present in your seed and you have signed a guarantee of GM-free status (such as when you sign your delivery docket docket and you must answer YES or NO to whether GMO’s are present) you could be liable for shipment rejection and contamination cleanup costs? Are you aware that it is unlikely that you can obtain insurance for this?

Due to the current trials and the number of GM trials that have taken place in the Horsham area over recent years, there is a risk of GM contamination by pollen flow or seed spillage.

Common law remedies are expensive, time consuming and unlikely to succeed. If successful only the non-GM grower or the GM grower (if negligent) would be liable for economic loss. We are pushing for the GM company to be fully liable for any adverse economic impact associated with their product.

While the Network of Concerned Farmers is not against someone having the choice to grow GM crops, we are against someone else’s choices impacting negatively on other farmers’ incomes and livelihoods.

Please find a letter enclosed that we urge you to sign and send/fax to Bayer Cropscience that may assist in ensuring liability is addressed. Please see our website on www.non-gm-farmers.com for further information. We urge farmers to make enquiries regarding insurance and to seek legal advice if concerned.

We also recommend that you save a small sample of seed that you plant and harvest, so it can be checked if market loss is experienced.

Please complete enclosed form and fax to Bayer Cropscience on 03 9248 6605 . To verify returns, we would also appreciate a copy sent to 08 98711584.

Thank you for your cooperation.

Regards,
Geoffrey Carracher ([email protected])
Julie Newman ([email protected])

Network of Concerned Farmers
www.non-gm-farmers.com

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