EU Farmers to be liable for GM food claims?
Extract from:
WILSON'S AGRILAW SEMINAR
WINCHESTER GUILDHALL
Tues 29 February 2000
Product Liability
.....................................
Consumers are protected by The Consumer Protection Act 1987 from injury or
damage to possessions caused by defective products. The legislation covers
defects not obvious (latent defects) when the product is acquired.
The United Kingdom excluded liability for producers of primary agricultural
products. This was not, however, a decision taken by all the Community
States.
Much has happened since 1987, concern over BSE, Dioxin and exactly what pigs
are fed in France! Unless you couple this with the decision of the United
Kingdom and a number of other Community States to exclude liability for damage caused by
primary agricultural products this created a situation where your degree of consumer
protection might depend upon the country of origin of the apples you eat.
The EU has put an end to this situation by requiring all member states to
remove the opt out for primary agricultural products. The UK has until 4th December
2000 to pass the necessary legislation.
Liability is extinguished ten years after a product is first marketed and
any claim must be brought within 3 years of the consumer becoming aware of his
claim.
Genetically modified crops would clearly be caught by this legislation and producers may
find themselves in difficulties even if they have taken all necessary
precautions......
Robert Swift
Wilsons (Solicitors), Steynings House,
Fisherton St, Salisbury, Wilts, SP2 7RJ
01722 412412
info@wilsons-solicitors.co.uk
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