Legal liability in tort law should be contrasted with regulatory approval. Regulatory approval focuses on whether a particular transgenic crop, microorganism, or animal is safe to humans and the environment. Regulatory approval deals with whether and under what conditions agricultural biotechnology crops and animals may be produced, marketed, and used. By contrast, before or after regulatory approval, a particular transgenic plant, microorganism or animal could possibly cause damage to property, persons, markets, the environment, or to social structures. Legal liability in tort addresses the kinds of liability that may exist for these possible damages. Those who produce or use agricultural biotechnology products need to know about the legal standards by which they may be held accountable for damages. In addition, those who might potentially be damaged by agricultural biotechnology need to be aware of the kinds of claims that they might assert to establish legal liability against producers and users of this technology.

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