TRANSGENIC CROPS AND GENETIC CONTAMINATION: ASSESSING THE NEED FOR A REGULATORY RESPONSE TO PROTECT ORGANIC FARMERS

DAVID DALTON

ABSTRACT:

This article assesses the need for an Australian regulatory response to protect organic farmers from the risks posed by genetic contamination. It demonstrates that the existing regime will not provide relief for victims of genetic contamination in the vast majority of cases. Alternative regimes, including imposing strict liability for damage caused by GMOs or establishing a compensation fund for the purpose of remediating such damage, are also considered. By highlighting key deficiencies in the current regulatory regime and suggesting possible reform options, this article provides a framework within which the most effective regulatory response may be considered.