Trends expose food producers to greater legal liability

Social, environmental and business trends in Canada are putting today's livestock and other food producers at increased risk of legal liability, says an Alberta-based agricultural lawyer.

Food quality issues, worker health and safety, and environmental concerns make producers vulnerable to a range of legal challenges, says Keith Wilson, who runs a private practice in agricultural law in Edmonton, Alberta.

"My message isn't intended to scare people," he told more than 700 producers and industry stakeholders attending the Banff Pork Seminar. "But producers need to be aware and reduce their exposure to risk."

The increasing risk of producer liability stems, in part, from expanding urbanization, less direct consumer contact with agriculture, and greater consumer interest in health, food quality, food safety and environmental issues, says Wilson.

A move within the agriculture industry itself to develop technology to track meat and crop products from the primary producers through to consumer retail products is just one area with potential to increase producer liability, he says.

"Traceability is a good advancement for the industry," says Wilson. "It provides a tool to trace a consumer or industry concern about any meat cut, for example, right to the farm where an animal was raised. However, it also means it could place more legal liability on the producer. Producers can reduce their risk by being involved in industry food safety and quality assurance program, because these types of highly structured programs can provide a defence in law.

"It is the act of farming itself that creates the liability risk, but if a producers shows they are actively involved in a quality assurance program - following the best production practices - it gives them a defence."

Producers, as employers, also need to be aware of health and safety issues, says Wilson. Although the agriculture industry, in most provinces, is exempt from provincial legislation such as Alberta's Occupational Health and Safety Act, that doesn't mean producers can ignore worker safety.

"Farmers, as employers, need to show due diligence," says Wilson. "If a farm worker is injured or develops a work-related illness, the employer can be taken to court. The employer needs to be able to show he or she took all reasonable measures to protect workers."

Due diligence includes proper employee safety training programs, having written safety procedures in place, testing employees on their safety knowledge, removing known workplace hazards and demonstrating a sincere safety attitude.

"Courts have been impressed by employers with safety procedures in place prior to an incident occurring," says Wilson. "Steps should be taken not only to prevent an accident but to limit exposure if there is one."

In an increasingly urbanized society, farmers need to be prepared for challenges to normal operational and production practices, says Wilson. Environment and land use concerns raised by non-farming interests are on the rise, and more producers are being taken to court over nuisance complaints. "If a neighbour complains some aspect of an operation is affecting their ability to enjoy their property, that producer can be sued," says Wilson. "A successful lawsuit could mean an injunction that shuts an operation down."

Right-to-farm legislation, which protects the rights of producers to carry on reasonable and normal production practices, affords some protection. "But the legislation does have loopholes," says Wilson. "Until those gaps are closed, the industry faces risks. The best defense is to follow good production practices and adopt a good-neighbour policy. The challenge is to educate the public about agriculture."

The Banff Pork Seminar is co-ordinated by the Department of Agricultural, Food and Nutritional Sciences, University of Alberta, in co-operation with Alberta Pork, Alberta Agriculture, Food and Rural Development and other pork industry representatives. This year's seminar played host to more than 700 delegates from throughout North American and Europe.

© 2004 Meristem Information Resources Ltd.
Meristem® is a registered trademark of Meristem Information Resources Ltd. All rights reserved.
Legal Disclaimer