The EU's highest court may classify honey containing traces of genetically modified material as "food produced" from modified plants. Such a ruling may enable beekeepers with hives close to GM crops to seek damages.

Beekeepers with hives close to fields of Monsanto genetically modified maize can't sell their honey in the European Union without regulatory approval, an adviser to the European Court of Justice has said.

The presence in honey "even of a minute quantity of pollen" from the maize is reason enough to restrict its sale, Advocate General Yves Bot told the court last week.

Damage claim

"Food containing material from a genetically modified plant, whether that material is included intentionally or not, must always be regarded as 'food produced' from modified plants," said Bot. Acting as an independent adviser to the court, he was tasked with suggesting a ruling, based on previous EU decisions. If the EU tribunal follows Bot's advice, which it is expected to do, the ruling could have consequences across the bloc.

This would be a huge success for "anyone wanting to prevent food and animal feed from being more and more contaminated with genetically modified material," said Achim Willand, a lawyer representing food producers. "Beekeepers are especially susceptible because bees collect the pollen of GM plants within a radius of three to five kilometers," he told Deutsche Welle.

Monsanto's genetically modified corn type MON 810 has not been authorized for sale on the European food market. If new regulations are established, making it impossible for beekeepers to sell their product because it has been contaminated by pollen from MON 810 crops, the beekeepers may be able to claim damages from Monsanto.

Zero tolerance policy

Thomas Radetzki of the beekeepers' action group said beekeepers who have hives close to GM crop fields have not had enough protection, despite the existence of protective laws.

Currently, Monsanto is banned from testing its maize in Germany. Meanwhile, the beekeepers case is being watched closely by the agricultural sector. "If we're successful, others may follow, and then the matter may be brought to other national courts too," said Radetzki.

No winner declared yet

Achim Willand, the lawyer representing food producers, said the Advocate General's suggested ruling could have implications for anyone seeking permission to grow genetically modified plants in the EU.

But Thomas Radetzki said, while opponents of GM crops may be pleased at the moment, the case hadn't been won yet. Advocate General Yves Bot based his suggested ruling on laws which are in place right now. Radetzki warned that, even if the EU tribunal were to follow Bot's advice, "the EU Commission can always change its laws. Then we'd have to start from scratch."

(Published by DW-World - February 15, 2011)