The threat of genetically modified organisms (GMOs) to organic agriculture: A case study update

This paper examines the threat posed by genetically modified organisms (GMOs) to organic certification. In the case of Marsh v Baxter an organic farm in Western Australia is contaminated by GMO material including seeds and seed pods blown from a neighbouring farm and the organic certification is lost. This paper presents a five-year chronology of events and the processes, outcomes and costs of seeking legal redress, of proving negligence and/or nuisance, and of seeking damages and an injunction to constrain the GMO farmer. Damages are agreed at A$85,000 (€60,000) while legal costs are in the region of A$2,000,000 (€1,400,000) to date.