What Can We Learn About Coexistence from Commercial Non-GM Programs in the US?

When it comes to the coexistence of conventional, genetically modified (GM) and organic crops, different countries have taken different regulatory approaches. In some countries, like in the case of the US, governments have let the market and firms manage coexistence. In other countries, as in the case of the European Union (EU), governments have actively regulated coexistence through specific rules and allocation of property rights. Indeed, the EU has been the most active in the introduction of such regulations. Since the mid-2000s it has introduced policies to guide coexistence whose stated goal is to provide freedom of choice for farmers in their production decisions and for consumers in their purchasing decisions. In this context, a set of technical, administrative, and liability rules, collectively called coexistence measures, was established (European Commission 2010). Some of these rules can be characterized as ex ante and others as ex post. Ex ante measures seek to limit the accidental low-level presence (LLP) of GM material in conventional and organic crops by specifying minimum isolation distances between GM and other crops, the use of buffer zones, and other technical means to limit accidental outcrossing and genetic admixture. Ex post measures seek to compensate non-GM producers for economic losses when LLP is not prevented.