Topics: Introduction

Exclusion – Injury or Damage from Genetically Modified Beans, Crops, Grains, Seeds, Plants,

Shrubs, or Trees

Exclusion – Injury or Damage from Genetically Modified Animal(s) or Fish

Introduction

Genetically modified organisms are any plant, animal, or other organism that has had its genetic material modified through genetic engineering. While that sounds complex, it can be as basic as breeding a white cow with a black cow and consistently getting spotted cows. Those spotted cows are the product of genetic modification.

People have been modifying crops and animals for thousands of years. Farmers cross bred crops in order to improve size, taste, resistance to diseases, and other characteristics. In the mid 1800s, Gregor Mendel worked with pea plants and determined that various factors were responsible for visible traits in predictable ways. This was the background of modern genetics. Before then, however, farmers knew that crossbreeding of certain animals or plants could result in desirable traits, they just did not know the mechanics of how it happened. Even before Mendel, in the eighteenth century, experiments were conducted on plant hybridization and the concept of dominance was developed. Dominance was the idea that when some plant varieties were crossed, certain characteristics in one parent usually appeared in the offspring. However, little attempt was made to determine why or how this occurred.

As science progressed and the nature of genes and genetic structure were realized, the adding of genes from other organisms became a real possibility. Because of technology, changes can be made within one generation of a plant or animal instead of cross breading over several generations. Scientists can make targeted changes to a plant or animal's genetic makeup to produce a new, desirable trait. This eliminates the addition of undesired traits that may also show up with desired traits when cross breeding naturally. Companies began tinkering with crops to produce larger, tastier disease resistant crops. This resistance was not due to natural evolution of the species but by the addition of genes from other organisms that bestowed chemical resistance to the plants or animals concerned. Once this type of modification began, concerns surrounding the safety of such food for human consumption arose.

The three main issues are allergens, gene transfer, and outcrossing. While general principles dictate not using genes from common allergenic organisms unless it can be demonstrated that the transfer does not include allergenic genes, the issue exists. Antibiotic resistant genes are often used as markers; if these genes could be transferred to humans who ate modified food, it could cause health issues. Therefore the use of transfer technology that does not rely on antibiotic genes is encouraged. Outcrossing is when modified crops seed into areas of unmodified crops, potentially crossbreeding with those other crops. There have been cases where modified crops approved for animal feed or industrial use have been detected at low levels in products intended for human consumption. The FDA regulates genetically modified crops and animals as they do for nonmodified crops and animals. Modified crops are required to meet the same legal requirements that apply to all other food. The FDA works in conjunction with the U.S. Department of Agriculture (USDA) and the Environmental Protection Agency (EPA).

Exclusion – Injury or Damage from Genetically Modified Beans, Crops, Grains, Seeds, Plants, Shrubs, or Trees

The exclusion provides schedules for genetically modified beans, crops, grains or seeds; modified plants or shrubs; and modified trees. The property to be excluded must be scheduled and shown either on the schedule or on the declarations.

A.The following exclusion is added to:

1.Paragraph 2. Exclusions of Section I – Coverages, Coverage H – Bodily Injury And Property Damage Liability in the Farm Umbrella Liability Policy; and

2.The Exclusions under Coverage A – Bodily Injury And Property Damage Liability in Section II – Personal Liability Coverage of the Farm Premises And Personal Umbrella Liability Endorsement:

Exclusions

This insurance does not apply to:

Genetically Modified Bean(s), Crop(s), Grain(s), Seed(s), Plant(s), Shrub(s) Or Tree(s) “Bodily injury” or “property damage” caused by or resulting from the “genetic modification”, whether by design or accident, of any bean(s), crop(s), grain(s), seed(s), plant(s), shrub(s) or tree(s) described in the Schedule.

B.The following definitions are added to:

1.Section IV – Definitions of the Farm Umbrella Liability Policy; and

2.The definitions under Paragraph E.2. in Section II – Personal Liability Coverage of the Farm Premises And Personal Umbrella Liability Endorsement:

a.”Genetic modification” means the insertion of a modified gene or a gene from another variety or species into a bean(s), crop(s), grain(s), seed(s), plant(s), shrub(s) or tree(s) by “genetic engineering”.

However, “genetic modification” does not include the traditional horticultural practices of:

(1) Plant breeding by methods other than “genetic engineering”; or

(2) Plant grafting.

b.”Genetic engineering” means the use of technology in order to change the genetic makeup of cells or to move genes across species boundaries.

Analysis

The form adds an exclusion to the Farm Umbrella Liability policy and the Farm Premises And Personal Umbrella Liability Endorsement. The exclusion is for bodily injury or physical damage resulting from genetic modification, either by design or accident of any beans, crops, grains, seeds, plants, shrubs, or trees in the schedule. Crops are not going to be designed to cause injury or damage, but deliberate modification of crops that inadvertently causes injury or damage is excluded. So, if modified crops cause injury to humans or outcross into a neighbor's crop of plants, there is no coverage.

The form also adds two definitions. The first definition is “genetic modification,” which is the insertion of a modified gene or gene from another variety of species into a bean, crop, grain, seed, plant, shrub, or tree by genetic engineering. This is an actual insertion of genetic material, not the crossing of pollen between plants in hopes of changing the nature of future generations of specimens. This also does not include grafting part of a different species onto part of a plant stem with again the goal being to modified future generations.

“Genetic engineering” is the use of technology to change the genetic makeup of cells or to put genes from one species into another species. With increased magnification and the miniaturization of necessary tools, it is possible to deal with a single gene and implant it into another cell. Genetic engineering drastically speeds up plant modifications so that changes can occur in one, instead of several, generations.

Exclusion – Injury or Damage from Genetically Modified Animal(s) or Fish