Agriculture Under Threat — A Crisis of Confidence? The Solution: Redefine Adventitious Presence Maximum Levels from Zero to Zero

Canadian Journal of Law and Technology v. 11, p. 25-47 (2013)

24 Pages Posted: 2 Jun 2013 Last revised: 1 Sep 2015

See all articles by Mark Perry

Mark Perry

University of New England - School of Law; University of Western Ontario - Faculty of Law; the University of Western ONtario ; The University of Auckland; University of New England

Ramesh Karky

Conestoga College; Vrije Universiteit Brussel

Date Written: June 1, 2013

Abstract

The issue of Adventitious Presence (AP) of genes, those that are not “naturally” present in food and crops but rather have been placed there using recombinant deoxyribonucleic acid (DNA) technology, has become a hot issue for producers and consumers. It can also be a major problem for exporters. Part of this problem is the reality that zero presence is now impossible to guarantee in some crops and products. Pressure has arisen to establish a Low Level Presence (LLP) threshold, one that is above zero, to be determined at an international level. This would allow crops to be imported and exported without the AP genes being approved in the importing country if they are approved in another country. The reality of biotechnological innovation in crops is that it is inevitable that there will be gene “flow” between varieties. This article examines the background of AP, the current state of policy and legislation, and why this has become contentious for producers, importers and exporters. This article examines the Canadian position towards AP as an illustration of a nation that produces many agricultural products based on genetically modified crops.

Keywords: adventitious presence, low level presence, genes, unintended presence, regulation, international harmonisation, crops, trade, intellectual property, law

JEL Classification: K00, K1, K2, K3, K4

Suggested Citation

Perry, Mark and Karky, Ramesh, Agriculture Under Threat — A Crisis of Confidence? The Solution: Redefine Adventitious Presence Maximum Levels from Zero to Zero (June 1, 2013). Canadian Journal of Law and Technology v. 11, p. 25-47 (2013). Available at SSRN: https://ssrn.com/abstract=2272988

Mark Perry (Contact Author)

University of New England - School of Law ( email )

Armidale, New South Wales 2351
Australia
=61 2 67732901 (Phone)

University of Western Ontario - Faculty of Law ( email )

London, Ontario N6A 3K7 N6A 3K7
Canada
1519661211 (Phone)

HOME PAGE: http://www.csd.uwo.ca/~markp

the University of Western ONtario ( email )

London, Ontario N6A 3K7 N6A 3K7
Canada
1519661211 (Phone)

HOME PAGE: http://www.csd.uwo.ca/~markp

The University of Auckland ( email )

Private Bag 92019
Auckland Mail Centre
Auckland, 1142
New Zealand

University of New England ( email )

School of Law
Armidale, New South Wales 2351
Australia

HOME PAGE: http://une.edu.au/law

Ramesh Karky

Conestoga College ( email )

299 Doon Valley Drive
Kitchener, Ontario N2G 4M4
Canada

Vrije Universiteit Brussel ( email )

Pleinlaan 2
1050 Elsene
Brussels, O 1050 Elsen
Belgium

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