Comparative study internationally in terms of the impact on Agriculture affected by product liability

1996 Fiscal Year Final Research Report Summary

• Project/Area Number: 07660292
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Single-year Grants
• Section: 一般
• Research Field: Agro-economics
• Research Institution: KOCHI UNIVERSITY
• Principal Investigator: NISHI Kazusige Faculty of Agriculture, Professor, 農学部, 教授 (80106715)
• Co-Investigator(Kenkyū-buntansha): MATUSHIMA Takanori Faculty of Agriculture, Assistant, 農学部, 助手 (70253341) ; MIYAMORI Noriyuki Osaka Legal Seminar, Representative Director, (研究者)代表取締役
• Project Period (FY): 1995 – 1996
• Keywords: Product Liability Law / Biotechnology / Agriculture / R-DNA

Research Abstract

Products which product liability law governs are not all tangible things, but just tangible things which manufacture or process by hand not by nature. Thus, tangible things from primary natural resouces are not govern by the product liablity law becouse they would not be manufacture or process by hand. So, agricultural products, stockbreeding products and marine products ara generally not govern by this product liability law. When this law issued, it was assumed that products which this law would govern did notinclude crop seeds, crops from hydroponic farm, cultivated marine products, and so on, becouse they would be made by primary natural force not by human hand.
But, today there are many new agricultural products manufactured by using biotechnology, especially R-DNA technique. It is not clear to say for us that those products which are used new technology are secure forhuman health and environment not being sufficient reserch. We will examine whether these product are secure in terms of exsisting laws related biotechnology. Moreover if there are harms against human body, property and environment coused by these products, then we should apply product liability law as an expost remedy.
Although as an ex post remedy it is assumed that product liability may apply to cases caused by damaging event, we must examine whether the object of the law include agricultural products manufactured by using biotechnology. Secondly, we will examine whether it is proper to apply strict liability instead of negligence liability in order to recover for such event in terms of policy for biotechnology industry. In considering above nation we must consider some factors--future food crisis, singularity of biotechnology industry and so on. We also will examine law to be for govering biotechnology industry.