Written Question · S1W-14229 · Session 1
Whether any organic farmers who lose their certification status or customers as a result of pollen contamination from field trials of genet…
The question
To ask the Scottish Executive whether any organic farmers who lose their certification status or customers as a result of pollen contamination from field trials of genetically modified crops will be entitled to compensation and, if so, who will be liable to pay any such compensation.
The answer
The Scottish Executive's priority is to protect human health and the environment.The environmental implications of field trials of genetically modified crops are fully considered by our expert advisory bodies before consent is granted. These bodies are satisfied that there are no safety or scientific reasons why this programme should have an adverse effect on organic farming. Additionally, the separation distance which is imposed around trial sites should ensure that any cross-pollination with organic crops which does take place will be negligible and should not affect the organic status of these crops. The question of de-certification is a matter for the organic certification authorities.There are currently no provisions in Scots or UK law covering liability for damage caused specifically by genetically modified organisms. However, under the Environmental Protection Act 1990, there are powers to prosecute a consent holder where the limitations and conditions attached to the consent are breached. Compensation would be a matter for the civil courts in determining an ordinary action brought by the affected farmer for negligent harm done to him or his business or for nuisance.
In the Official Report
No contribution in the Official Report cites S1W-14229 by reference.