A pepper grower cannot claim compensation after he was obliged to remove the greenhouse because of the presence of the African codling moth. The case took place end of 2013. The Ministry of Economic Affairs rejected the request for compensation rightly.
The grower appealed to the Industry Board of Appeal but the Board concluded that the situation could not be compared with infections after culling because of the presence of the pepper weevil, in which case a part of the damage was compensated.
The pepper grower felt that the NVWA (Netherlands Food and Consumer Product Safety Authority) should have warned that the African codling moth was found at a nearby company. The grower participated in the monitoring program for the African codling moth which at that time was in force because the peppers from the company were exported to the United States.
The judge evaluates the infection with the codling moth as a normal business risk. The grower was aware of the risk of contamination, precisely because of his participation in the monitoring program. NVWA did not individually notify growers, but made public that findings were made.
Source: AgriHolland / College van Beroep voor het bedrijfsleven