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51 U. Louisville L. Rev. 629 (2013)
Sowing Wild Oats: Bystander Strict Liability in Tort Applied to Organic Farm Contamination by Genetically Modified Seed
Amanda Smith*
Abstract

Imagine working hard year round to make a living farming, only to learn at harvest time that contamination from your neighbor’s field has rendered your crops valueless, your land unfarmable, and has left you facing a lawsuit that could leave you bankrupt. This is the situation faced every year by many organic farmers in the United States. Many farmers have begun planting their fields with organic crops in the hopes of commanding a higher price for their produce and meeting the rising market demand for produce that is free of pesticides and genetic modifications. Farmers who want to sell their products as organic face strict regulation from the Food and Drug Administration (“FDA”), including a requirement that the crops be grown without the use of bioengineered genes. According to the FDA, the goal of organic certification is to promote farming methods that recycle resources and promote biodiversity.

* J.D. Candidate, May 2013, Louis D. Brandeis School of Law, University of Louisville; B.S.B.A., summa cum laude, May 2010, University of Louisville.