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Farmer groups welcome Federal Court decision on glyphosate

Beef Central 26/07/2024

The Federal Court of Australia yesterday livestreamed Justice Lee’s judgment on the Kelvin McNickle versus Huntsman Chemical Company Australia action.

GROWER organisations have welcomed the Federal Court’s ruling that key agricultural chemical glyphosate is safe to use as directed.

The judgment comes in response to a class action initiated by legal firm Maurice Blackburn on behalf of parties claiming their diagnoses with non-Hodgkin lymphoma was due to use of or exposure to Roundup and products containing Roundup.

Evidence was heard in September and October 2023 in Melbourne, and oral submissions closed in January, with Justice Michael Lee delivering his judgment yesterday.

Central to the plaintiff’s case was that of lead applicant Kelvin McNickle, who was diagnosed with NHL in 2018 at the age of 35, and had worked with or being exposed to Roundup and Roundup-related products for most of his life.

While global chemical company Bayer now produces Roundup, it was initially manufactured by Monsanto, which was bought by Bayer in 2018.

In Australia, Roundup in years past was made by Melbourne-based business Huntsman Chemical Company Australia, which was named as the defendant in this Roundup class action.

Finding matches APVMA’s stance

In a statement, the National Farmers Federation  as Australia’s peak agricultural body has responded to Justice Lee’s decision by saying glyphosate is one of the most common products used all over the world to combat invasive weeds.

“It allows us to be more productive and sustainable, often being associated with no or minimal till farming, which preserves soil structure,” NFF stated.

Under Australian Pesticides and Veterinary Medicine Authority approval, glyphosate is used in Australia in a wide variety of sectors including broadacre cropping, horticulture, and pasture and vegetation management.

“Farmers put their faith in the Australia’s independent and science-based regulator, the APVMA, to determine what products they can use and how to use them safely.

“The decision from the Federal Court…reinforces that our regulator is doing its job to ensure the health and safety of our farmers, communities and environment.”

NSW Farmers ag science committee chair Alan Brown welcomed the decision and said glyphosate had been rigorously tested by the scientific community, with the Court’s decision consistent with international regulatory assessments such as that of the APVMA.

“The use of glyphosate in accordance with the instructions on chemical labels has been scientifically proven to be safe, and it has not been found to cause cancer,” Mr Brown said.

“More than 800 scientific studies and reviews, including numerous independent regulatory safety assessments, are in support of this fact, and Australian farmers are well aware of how to use this chemical correctly to protect the health of their families and communities.”

As a key ingredient in over 500 chemical products including popular weedkiller Roundup, Mr Brown said the continued use of glyphosate was critical to the agricultural industry’s ability to sustainably produce food.

“Glyphosate was almost as big a game changer for farmers as the invention of the wheel was to man – it is such a critical component of modern and sustainable agricultural production,” Mr Brown said.

“Without access to the chemical, farmers would have to resort to cultivation to manage weeds – degrading our landscape and making it harder than ever to maintain productivity.

“Australian farmers need every tool they’ve got in the toolbox to continue to produce healthy plants and healthy animals at a rate that matches rapidly increasing global demand, or else our industry will lose its ability to stay competitive on an international scale.”

GrainGrowers chief executive officer Shona Gawel said the decision to dismiss the class action highlights the importance of science-based regulation, and the important role of the APVMA in ensuring confidence in the use of farm chemicals.

Ms Gawel said the class action presented to the Federal Court went against the robust scientific risk assessment conducted by the APVMA.

“While the decision does not impact the immediate registration and use of glyphosate, it publicly reinforces a farming tool that is used by growers for Australian cropping conditions.”

Ms Gawel said glyphosate was widely used in the grains industry for weed control and has allowed growers to implement modern conservation agriculture methods.

She said glyphosate enables growers to control weeds without needing to plough or till the soil, with reduced tillage better maintaining soil nutrients and improving water use efficiency.

“A loss of access to this product would require growers to adopt a different, more complicated approach to weed management, as there is not currently a comparable weed control option available.”

Source: Federal Court of Australia; Maurice Blackburn; National Farmers Federation; NSW Farmers, and GrainGrowers.

 

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