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Author: 1-Dr. Omed Sabah Osman 2-Mr. Hohang Vrzenda Janger
Abstract: The technique of genetic engineering has been exploited by many companies and producers of food products in order to obtain illegal gains by working to show the products better (by changing the type or the size of the food that are produced), which leads to increase the demand in the markets by the people, and this is what we call (Biological Cheating). Biological cheating means the fraud that completes by altering genes or adding hormones (whether to animals or plants) which raise the size of product or Accelerate production for getting illegal profit. The World Health Organization (WHO), the Food and Agriculture Organization of the United Nations (FAO) and several international health centers have proven the damage which may occur because of using genetically modified foods on the human health and environment. Therefore, guidelines have been issued on how to address the risks of genetically modified foods. Despite the fact that Iraq is a member of these international organizations, it has not applied or adopt the principles and recommendations that issued by them in addressing the spoilage of contaminated foods. Depending on the decision of the Food Advisory Board (a body of the Department of Health Protection, Nutrition Research Institute, Iraqi Ministry of Health) No. (128) for the year 2002 on the subject of genetically modified foods, which banned the entry of GM food and its primary resources to Iraq. Despite the executive ban on genetically modified foods, Iraq still has lack of a law that regulating how to deal with genetically modified products. As a result of this legislative vacuum, the general rules apply to civil liability (whether contractual or non-contractual responsibility) in Iraqi Civil Code No. 40 of 1951 for liability for damages resulting from such foods. These rules are ineffective because they require the harmed person to prove the mistake of the producer, and that is very though for the harmed person because he knowing nothing about gene modification technology, thus will lead to loss of compensation. In order to eliminate these difficulties, modern jurisprudence and legislations, in particular the European Directive on Product Liability for its Defective Products No.85 of 1985, had took objective responsibility as a base of the responsibility of a producer on his defective products. In view of the many advantages achieved by the objective responsibility system, we suggest that it is more appropriate for the Iraqi legislator to regulate the responsibility of the producer about his genetically food and to adopt the rules of objective liability.
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doi:10.23918/ilic2018.27
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Journal of Law and political science
ISSN: 2079-3901
16th year , No.(23), 10 May 2018
Vol.(2): Special Issue