Abstract
The emergence of the phenomenon of genetically modified (GM) ‘regulatory lag’ has the potential to significantly impact the development and commercialization of new transgenic crop varieties. GM ‘regulatory lag’ occurs where there are significant delays in approval of a GM product in an emerging export market, or differences in the regulatory approval timetable between significant export markets. Several recent lawsuits involving Syngenta’s Viptera maize product line raise significant issues for technology developers, producers, handlers, processers and shippers in instances where ‘regulatory lag’ is occurring or is possible. The chapter will examine the legal implications of GM ‘regulatory lag’ for these parties and offer one possible solution to an increasingly significant industry problem.
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