Hope Not Hype - Third World Network

48 Hope Not Hype
Whether or not someone knowingly grows a GMO such as a GM crop, they could
become exposed to legal actions, suffer market rejections (GAO, 2008) or be the subject
of recalls causing loss of earnings (Box 4.1). For instance, farmers growing crops with
transgenes may be prosecuted or sued if it can be determined that they did so without
consent of the intellectual property holder (Heinemann, 2007). Farmers often enter into
contracts, such as material transfer agreements (MTAs), with GM seed producers that
may also create obligations. These obligations can even extend beyond territorial limits
(Thomas, 2005).
The industrialization of the gene has benefited from the ability to use powerful enzymatic
and chemical reactions to manipulate, describe and trace DNA. Some of these techniques,
particularly the polymerase chain reaction (PCR), make it possible to identify DNA sequences
protected as IP [intellectual property] at profoundly low concentrations, in a way similar to
their use in forensic police work. Previously, plant traits that enjoyed IP protection were
identified at a phenotypic level. That is, the trait could be observed with the eye or by
monitoring the use of management practices that were unlikely to be used with other varieties
of the same crop. Cross-fertilization in maize, for example, has traditionally been estimated
by xenia, the effect of pollen on endosperm and embryo development. As powerful as xenia
is for observing cross-fertilization, and useful as it has been to develop and maintain individual
lines, it pales in comparison to the ease and sensitivity of PCR which can, in theory, detect
a single transgene in 10,000 genomes in a laboratory exercise taking no more than a few
hours. At least from a legal liability point of view, “what is important for risk assessment of
transgenic crops appears not to be the probability of gene flow itself but the traces of
introduced gene(s) in subsequent generations in recipients” (p. 156 Yamamoto et al., 2006),
especially as these traces do not have to produce noticeable phenotypes to make themselves
noticed (Heinemann, 2007, p. 53).
Crops are segregated to secure price premiums or target goods to particular markets.
In areas where GM and non-GM agriculture attempt to co-exist, GM farmers may be
prosecuted for loss of income to non-GM farmers.
Neighboring certified (e.g., GM free) organic growers in particular represent a litigation
risk for farmers who elect to grow PMP/PMIP [plant-made pharmaceuticals and plant-made
industrial products] food crops in close proximity. Even if certified organic growers are
comparatively scarce – only 73 organic growers are certified in North Carolina – their
livelihood and certification status are under threat from PMP/PMIP crop admixture/
introgression/hybridization events and thus they are likely to be especially vigilant for such
events (Editor, 2007, p. 167).
Transgene flow to non-GM crops may prevent organic certification or blemish
reputation and thus significantly lower income. At risk is the price premium paid for
organic products. This can be 20-50% in the EU, 100-200% in Japan (Zepeda, 2006), 10-
40% in the US (Winter and Davis, 2006) and up to 100% for organic canola oil (Smyth et
al., 2002).