WA farmers say reported canola crop failures could cost millions

Farmers are eyeing legal action after some reported losses of crops of a genetically modified canola line potentially in the millions of dollars across Western Australia.

A specialist agribusiness law firm has received dozens of enquiries from WA grain growers this season, all alleging that the glyphosate-resistant TruFlex canola variety failed after planting.

An implanted gene developed by agricultural giant Bayer, TruFlex helps canola plants survive weed control chemicals like glyphosate, commonly known by the brand name Roundup.

The gene is, in turn, implanted into strains developed by individual chemical companies, which sell to wholesalers supplying individual farms.

Mark Fowler farms near Williams, 170 kilometres south-east of Perth, with additional land further east near Wickepin.

Parts of his business are located in a strip of WA's agricultural zone, which has received little rain this season, coupled with severe frost events.

Mr Fowler, who is also WAFarmers Grains Council president, said particular canola varieties he planted this season had underperformed, and he remained convinced the weather was not to blame.

"We have got about 3,500 hectares of canola, and about 1,100 of that is the two varieties that have got this issue — and that could cost us up to as much as $1 million. That is not a cost we can accept," Mr Fowler said.

The complaints centre on Emu and Hunter varieties from Nufarm Seeds, and the InVigor LR405 40P strain produced by BASF.

Bailiwick Legal associate director Matilda Lloyd said the firm had been contacted by more than 40 growers reporting problems with their plants.

Ms Lloyd said farmers believed some varieties had lost their tolerance for glyphosate, meaning they died off after spraying.

"They are experiencing poor germination following applications of glyphosate in the second window of application," she said. 

"We've got some farmers who have a large majority of their program with this variety. Their losses could be in the millions of dollars."

A BASF spokesperson said the company was aware of reports of crop underperformance, and was working with growers and agronomists to understand each reported case.

"The cause has not been determined, and our technical team is on the ground investigating," the spokesperson said.

A Nufarm spokesperson said the company was conducting similar inquiries.

"A number of agronomic and seasonal factors may be relevant," their spokesperson said.

Bayer said the company was aware of reports regarding canola performance and was gathering relevant facts.

Farmers protected by consumer law

Consumer Protection told the WA Country Hour that farmers had a right to seek compensation for seed that did not perform as stated on the label.

Commissioner for Consumer Protection Trish Blake said producers were protected by the same laws as consumers. 

"In Western Australia, farmers have a unique position where they are protected, just as consumers are — so that means all the consumer guarantees apply to farm products," Ms Blake said. 

"So in this instance, the grain must be of an acceptable quality, and it must be fit for purpose and match any descriptions that the manufacturer sold it to them under."

The commissioner, WAFarmers and Bailiwick Legal urged farmers to collect as much information as they could.

"If there are multiple farmers who are experiencing the same thing, having that gathering of all of their experiences will start to show the grain is the problem — not something the grower has done," Ms Blake said.