WA canola growers consider legal action over GM seed failures

WA grain growers are investigating substantial crop failures linked to genetically modified canola varieties, with potential losses in the millions of dollars. More than 40 farmers have reportedly sought legal advice over seed performance and tolerance.

Millions of dollars in losses.
Photo: CMI

Highlighting the dangers of GM crop reliance.

GM CROP FAILURES

Western Australian canola growers are considering legal action following reports of significant crop failures involving genetically modified seed varieties, with potential losses across affected farming businesses running into millions of dollars.

More than 40 grain growers have reportedly contacted specialist agribusiness law firm Bailiwick Legal over concerns that certain canola varieties have failed to perform as expected, raising questions about potential liability for major agricultural companies.

The dispute centres on canola varieties containing Bayer’s TruFlex genetic trait, which is designed to provide tolerance to glyphosate-based herbicides, including Roundup.

The varieties reportedly affected include Emu and Hunter, supplied by Nufarm Seeds, and InVigor LR405 40P, produced by BASF.

Growers allege that crops planted with some of these varieties have suffered damage following glyphosate applications, despite expectations that the plants would tolerate the herbicide. Farmers are claiming substantial financial losses as a result.

Among those affected is Western Australian grower Mark Fowler, who farms in the Williams and Wickepin districts. Fowler reportedly planted canola across approximately 8,600 acres, including 2,700 hectares involving the varieties under scrutiny.

His potential losses have been estimated at up to $1 million.

The potential scale of the problem has prompted growers to seek legal advice and investigate whether compensation claims could be pursued against seed suppliers and the companies responsible for developing the technology.

Bayer, Nufarm, and BASF are among the companies facing scrutiny as investigations into the reported failures continue. The companies have acknowledged reports of crop performance problems and are currently gathering further information.

Determining whether the reported failures resulted from defective seeds, problems with the genetic trait, herbicide application conditions, or environmental factors will be central to any potential legal proceedings to come in the future.

Western Australia’s Consumer Protection Commissioner, Trish Blake, has indicated that farmers may be protected by consumer guarantees covering agricultural products.

These guarantees include requirements that goods are of acceptable quality, fit for their intended purpose, and consistent with descriptions made by suppliers.

If investigations establish that the seed varieties failed to meet standards or performance claims given to growers, affected farmers may receive compensation.

Bailiwick Legal, together with WAFarmers and Consumer Protection, has encouraged growers experiencing problems to retain relevant documentation and evidence.

This includes seed packaging, purchase invoices, spray records, paddock histories, photographs, and yield comparisons.

Such records could prove important in establishing the circumstances surrounding crop damage and determining the extent of financial losses.

For Western Australia’s grain industry, the dispute raises broader questions about accountability and the dangers of genetically modified seed technology.

Many of these farmers have been forced to adapt smart technologies and GM crops as requirements from the government for grants and access to crown resources like water.

Now, once they use these Frankenstein seeds as ‘encouraged’ to do, it results in failure.

Seems a little suspicious to me – and shows you just how vulnerable our entire supply chains will become if only GM creations dominate the marketplace in the future.

If a laboratory formula doesn’t work, all of a sudden, thousands of acres are ruined.

GM canola has become a key part of modern grain production for years now, offering growers herbicide-management options and opportunities to improve cropping efficiency. Just recently, Australia celebrated 30 years of GM technology.

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This particular crop has been at the center of many controversies over the years, including in the same state of WA – including when organic farmer Stephen Marsh took his legal fight to the High Court after his property was contaminated with GM canola.

They ultimately ruled against him, setting a precedent for the GM takeover of WA.

With more than 40 growers now reportedly seeking legal advice against the makers of said GM crops, it is a cruel irony that has presented itself over a decade later.

Perhaps, if farmers banded together with Marsh back then, they wouldn’t be in this boat.

Regardless, pressure is mounting for a thorough investigation into the affected varieties and the circumstances surrounding their use. Growers will wait for clearer answers about what went wrong, and who – if anyone – should be held responsible.

The eventual findings could have significant implications not only for the affected farming businesses, but also for seed suppliers, biotechnology companies, and confidence in Australia’s agricultural seed industry.

Watch the TOTT News space to see the outcome from this upcoming battle.