Law on the reorganization of genetic engineering law
| Basic data | |
|---|---|
| Title: | Law on the reorganization of genetic engineering law |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Special administrative law , nature conservation law |
| References : | 2121-60-1, 791-8 |
| Issued on: | December 21, 2004 ( BGBl. 2005 I p. 186 ) |
| Entry into force on: | February 4, 2005 |
| GESTA : | F019 |
| Please note the note on the applicable legal version. | |
The German law on the reorganization of genetic engineering law regulates the coexistence of conventional agriculture and agriculture that cultivates genetically modified plants . It was passed on June 18, 2004 and implements the EU directive on the release of genetically modified organisms .
The law stipulates that farmers who cultivate genetically modified plants are liable if the modified genes can be detected in non-genetically modified plants. In other words, when the pollen from a grain field with genetically modified plants fertilizes the genetically unmodified grain on the neighboring field of another farmer and the farmer can then no longer sell it as genetically unmodified grain.
The areas used for the cultivation of genetically modified plants are stored in a location register. This serves to clarify who is responsible for the introduction of genetically modified genes into conventional agriculture.
The German Research Foundation (DFG) criticizes the law because it does not see the special hazard potential assumed in it from the spread of genetically modified organisms as covered by experimental data, i.e. the law serves to ward off a danger whose existence has by no means been proven. Furthermore, it is argued that the crossing of genes from agriculturally cultivated genetically modified plants into conventional seeds cannot in principle be prevented. This and a number of other rules de facto rule out the use of green genetic engineering .
Greenpeace criticizes the law because, in the opinion of Greenpeace, the planned location register is only imprecise, farmers have to prove a legitimate interest in receiving information and the amount of the compensation to be received is incalculable. This will make it difficult for farmers to produce GMO-free in the future.
From a legal point of view, this is a case of strict liability . It is not necessary to be at fault .
See also
Web links
- Statement from Greenpeace ( Memento of 7 July 2004 in the Internet Archive )
