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Nurseries 'might be liable' for mis-labelling of weedy plants

October 25, 2005

PaulMartin.thumb.jpgA report prepared by researchers at The University of New England suggests that, where labelling of plants by nurseries is inadequate or misleading, liability for weed invasion might arise.

The report also suggests that it is in the interests of the environment, farmers, and the nursery industry to come up with an effective labelling scheme to reduce weed risk.

Commissioned by the World Wildlife Fund (WWF) and prepared by UNE’s Australian Centre for Agriculture and Law (AgLaw Centre), the report develops a Senate committee’s proposal for mandatory labelling of invasive garden plants. In doing so, it draws attention to the existence of legal frameworks (including sections of the Trade Practices Act) that could form the basis of nursery liability.

While considering both the advantages and the disadvantages of a mandatory labelling scheme, the report establishes a strong case in favour of it. Professor Paul Martin (pictured here), the Director of the AgLaw Centre, said the report acknowledged, however, that an effective strategy to control invasive plants at the point of sale required “a lot more than labelling”. “While accurate labelling of nursery plants, so that consumers can make an informed decision, is a basic requirement,” Professor Martin said, “this needs to be supported by an education program. An effective information strategy can reduce the need for more regulatory controls. It is in everyone’s interest to create an effective behaviour change that doesn’t rely on regulation.”

Preparation of the report, titled “The Costs and Benefits of a Proposed Mandatory Invasive Species Labelling Program”, is the first funded project of the AgLaw Centre, which was established at UNE in 2003. “While WWF-Australia commissioned the report,” Professor Martin said, "it is an objective assessment based on our research, and on the views of environmental and farmers’ groups, government and research organisations, and the nursery industry."

The report (available at http://www.une.edu.au/aglaw/research/) deals with invasive aquarium fish as well as plants. Professor Martin said it had been an ideal first project for the AgLaw Centre, as it was right in line with the Centre’s mission to combine legal, agricultural and environmental expertise in finding practical solutions to significant problems. He added that UNE itself had a strong record of commitment to issues involving invasive species, and was a partner in the CRC for Australian Weed Management.

The report points out that weeds cost Australia $4 billion a year. “In December 2004, the Australian Senate handed down the report of its inquiry on invasive species,” it says. “Among the findings of that report were recommendations that a process be established under the National Weeds Action Plan to examine the merits of a mandatory labelling scheme on invasive garden plants. Our report aims to provide an impetus to those proposals. It is focused on the potential contribution of such a mandatory labelling scheme for garden industry-distributed plants, and also ornamental fish, to the reduction of the costs of invasiveness upon the environment, upon government, and upon primary industry.”

“Our report addresses an environmental issue that is of real practical importance to farmers and primary industry – weeds and invasive fish,” Professor Martin said. “For its part, the WWF was keen to show that it is committed to effective cooperation with industries such as the nursery industry. While helping WWF-Australia in its consultations with the Federal and State governments, and in its dealings with the nursery and ornamental fish industries, the report will also feed into the WWF’s world-wide conservation program.”


Media contact: Professor Paul Martin, AgLaw Centre, UNE (02) 6773 3811 or Jim Scanlan, Public Relations, UNE (02) 6773 3049.

Posted by Jim Scanlan at October 25, 2005 02:18 PM