The Farmer's Daughter USA

Hi, I'm Amanda! My family farms corn and soybeans in Southwest Michigan. I'm also a practicing attorney.

  • Home
  • Blog
  • Work with Me
    • Speaking
    • Giveaways
    • Social Media Consulting
    • Sponsored and Guest Posts
  • Gift Shop
    • Cart
    • Checkout
  • About Me
    • Media
    • Terms of Use

Organic Farmers Case Dismissed Against GMO Farmer

June 10, 2014

Meet Mr. Baxter. He’s a farmer in Australia. He grows genetically modified canola. His problems started in 2010.

Meet Mr. Marsh. He’s Mr. Baxter’s neighbor. He grows only organic crops. He claims that Mr. Baxter’s genetically modified crops have contaminated his organic crops.

Meet the Australian Supreme Court. They think Mr. Marsh is full of rubbish.

Now Marsh’s lawyer tried to make some fancy negligence arguments — like claiming that Baxter was choosing methods to harvest his canola that made it more likely that there would be genetic drift into the organic fields.

Baxter’s lawyers countered with the fact that Baxter is simply exercising a right to grow a crop that has been deemed safe by the State Government. They argued Mr Marsh’s land could only be said to have sustained contamination if his own crops of wheat and oats had been genetically modified, or if the GM material had been mixed in with the end product, neither of which had happened.

The judges agreed with Baxter’s argument and dismissed Marsh’s lawsuit.

In part of their reasoning Judge Kenneth Martin stated: “No basis in principle was shown to extend the law [of negligence] to these events.” He continued: “Furthermore, Mr Baxter had not been shown to have acted negligently, either by growing or then by swathing the lawfully grown GM crop in 2010.”

Case dismissed.

Unfortunately, Australia case law is not binding on any court in the United States. However, if such a case gets taken to court, it would be really nice if our courts at least considered this reasonable approach. I appreciate this further comment from the Judge:

Mr Baxter was not to be held responsible as a broadacre farmer merely for growing a lawful GM crop and choosing to adopt a harvest methodology (swathing) which was entirely orthodox in its implementation.

But wait! Isn’t cross-pollination and contamination a problem? Of course, cross-pollination can occur, but our scienists know all about that and are prepared for it. Check out an answer from Steve Savage (who I’ve had the pleasure of working with) on this very issue from GMO Answers:

Of course, GM versions of a crop can cross pollinate non-GM versions of the same crop, but this is nothing new to agriculture. For a very long time, it has been necessary to isolate seed production fields of various crops so that the seed will be of the pure, desired type. The size of the buffer needed is something well worked out, depending on the crop and how it is pollinated (self-fertilization, wind, insects, birds…). GM and non-GM seed production can be managed in the same way with regard to this issue.

So scientists have already thought about the potential for cross-contamination and have dealt with it well before the GMO seeds are commercially available.

Click here to see a video of Baxter discussing how it felt to win the case (though it can be appealed).

signature
Share this:
«
»

Filed Under: Organic, Production Methods Tagged With: GMO, legal, organic, science

Hi, I'm Amanda. My family farms corn and soybeans in Southwest Michigan. I'm an attorney and I'm passionate about agriculture!

  • Email
  • Facebook
  • Instagram
  • Pinterest
  • Twitter
  • YouTube

Subscribe via Email

Archives

Latest on Twitter

9 hours ago
Farmers Daughter's Twitter avatar
Farmers Daughter
@farmdaughterusa

The Silver Lining in This Year’s Dirty Dozen List t.co/qD3kFSYmtE

  • Reply
  • Retweet 0
  • Like 0
March 2, 2023
Farmers Daughter's Twitter avatar
Farmers Daughter
@farmdaughterusa

Right-to-Repair Challenges Continue t.co/sOTL8t7fPx

  • Reply
  • Retweet 3
  • Like 3
March 1, 2023
Farmers Daughter's Twitter avatar
Farmers Daughter
@farmdaughterusa

Soy & Soil Erosion t.co/gvugi5W3DK

  • Reply
  • Retweet 0
  • Like 2

Latest on Facebook

The Farmer's Daughter

6 hours ago

The Farmer's Daughter

This year's Dirty Dozen list was still a dirty lie, but there was something hidden in the press release that you may have missed.

... See MoreSee Less

The Silver Lining in This Year's Dirty Dozen List - The Farmer's Daughter USA

thefarmersdaughterusa.com

EWG's 2023 Dirty Dozen list included a little silver lining for its critics. Is this finally an admission the list is bull?

View on Facebook

·
Share



Share on Facebook



Share on Twitter



Share on Linked In



Share by Email

The Farmer's Daughter

2 days ago

The Farmer's Daughter

Things I didn't miss while on vacation:❌ watching the news❌ hours scrolling on my phone❌ stress about creating new content❌ hours in front of the tv❌ worry about billable hours❌ always being connected❌ my to-do listIsn't it funny how a good vacation can change your perspective? Hoping to keep a few of these things with me until my next adventure.

... See MoreSee Less


Photo

View on Facebook

·
Share



Share on Facebook



Share on Twitter



Share on Linked In



Share by Email

The Farmer's Daughter

6 days ago

The Farmer's Daughter

Whoops! Looks like I missed #NationalAgricultureDay.We're on a family vacation in Florida this week. We hit SeaWorld, Universal Studios, Magic Kingdom, and Animal Kingdom. My highlight was spending some much-needed time with my favorite people. Headed home to Michigan soon. We're all hoping to bring back some warmer temperatures! 🤞 I hope you're having a good week! 💜

... See MoreSee Less


Photo

View on Facebook

·
Share



Share on Facebook



Share on Twitter



Share on Linked In



Share by Email

The Farmer's Daughter

2 weeks ago

The Farmer's Daughter

I almost feel bad for Kroger. Almost. My latest for AGDAILY

... See MoreSee Less

Kroger learns hard lesson about aligning with ag extremists | AGDAILY

www.agdaily.com

Mercy for Animals goes for the kill shot against Kroger after the grocer loosened its approach to selling only cage-free eggs.

View on Facebook

·
Share



Share on Facebook



Share on Twitter



Share on Linked In



Share by Email

The Farmer's Daughter

2 weeks ago

The Farmer's Daughter

I bet I'm not the only one with extra coffee this morning. Just remember: farmers don't like Daylight Savings Time either! 😉

... See MoreSee Less


Photo

View on Facebook

·
Share



Share on Facebook



Share on Twitter



Share on Linked In



Share by Email

Latest on Instagram

thefarmersdaughterusa

I'm Amanda. My family farms corn and soybeans in Southwest Michigan. I'm an attorney by day, and "agvocate" at night.

Amanda Zaluckyj
Things I didn't miss while on vacation: ❌ watch Things I didn't miss while on vacation:

❌ watching the news
❌ hours scrolling on my phone
❌ stress about creating new content
❌ hours in front of the tv
❌ worry about billable hours
❌ always being connected
❌ my to-do list

Isn't it funny how a good vacation can change your perspective? Hoping to keep a few of these things with me until my next adventure.
Whoops! Looks like I missed #NationalAgricultureDa Whoops! Looks like I missed #NationalAgricultureDay.

We're on a family vacation in Florida this week. We hit SeaWorld, Universal Studios, Magic Kingdom, and Animal Kingdom. My highlight was spending some much-needed time with my favorite people. Headed home to Michigan soon. We're all hoping to bring back some warmer temperatures! 🤞

 I hope you're having a good week! 💜
I bet I'm not the only one with extra coffee on th I bet I'm not the only one with extra coffee on this Monday morning. Just remember: farmers don't like Daylight Savings Time either! 😉

#agriculture #usagriculture #farmers #usfarmers #farming #farmfamilies #sustainableag #sustainableagriculture #sustainable #sustainability #farmerscare #homegrown #localagriculture #knowyourfarmer #shoplocal #madeintheusa #madeintheus #americanagriculture
Do you know why farmers choose to grow bioengineer Do you know why farmers choose to grow bioengineered crops?

#agriculture #usagriculture #farmers #usfarmers #farming #farmfamilies #sustainableag #sustainableagriculture #sustainable #sustainability #farmerscare #homegrown #localagriculture #knowyourfarmer #shoplocal #madeintheusa #madeintheus #americanagriculture #be #bioengineered
Oh, man. These lyrics are hitting me in all the fe Oh, man. These lyrics are hitting me in all the feels right now.

"When they pave all the dirt roads and John Deeres are dinosaurs

When the last back forty gets sold and young boys don't open doors

When you can't hunt a white tail and keep what you reel in

Well, I hope I'm in Heaven by then

Oh, I don't wanna go today, but I don't wanna live

Down here at a place that thinks that that place don't exist

If there comes a day this country's somewhere country don't fit in

Hell, I hope I'm in Heaven by then."

"Heaven By Then," Brantley Gilbert & Blake Shelton

#countrymusic #country #heavenbythen #faith #rurallife #countrylife #farmlife #myhome myhome
Sunday morning snuggles. 🥰🥰 #Mischa #doggie Sunday morning snuggles. 🥰🥰

#Mischa #doggielove #dogsofinstagram #dogs #furmom #furbaby #sundayvibes #sundayfunday
U.S. farmers are constantly improving their craft U.S. farmers are constantly improving their craft and becoming better at their jobs. These types of statistics prove it.

#usagriculture #agriculture #soybeans #soy #soyproduction #soilhealth #sustainableag #sustainableagriculture #sustainablefarms #sustainablefarming #healthysoils
Did you know this about the organic label? If yo Did you know this about the organic label? 

If you want to buy certified organic products, that's totally your choice! But you should also know what you're buying and what it actually means. Often that reality is different than organic marketing.

#agriculture #usagriculture #farmers #usfarmers #farming #farmfamilies #sustainableag #sustainableagriculture #sustainable #sustainability #farmerscare #homegrown #localagriculture #knowyourfarmer #shoplocal #madeintheusa #madeintheus #americanagriculture #organic #organicfood #organiclabel
Now that's efficiency! #dairy #dairygood #milk # Now that's efficiency! 

#dairy #dairygood #milk #farms #sustainableag #agriculture #food #milkglass #dairycows #dairyfarm #dairyfarming #dairyindustry #drinkmilk #chocolatemilk #farmfact #farmsfacts
Load More... Follow on Instagram

Copyright © 2023 · Website Design By Jumping Jax Designs

Go to mobile version