Brown rot can be introduced into rose cultivation in a number of ways. Dutch companies import large numbers of roses and other plants and plant products that could be carriers of the bacteria. Research has also shown that the rose isolate is closely related to isolates found in different plant species in various countries in Africa and Asia.
Schouten reports that she understands the situation in which individual companies can find themselves as a result of the damage caused by lawfully applied control measures against brown rot. However, she is of the opinion that this, at least initially, is part of the normal risks inherent to agriculture. Recent statements by the Trade and Industry Appeals Tribunal (CBb) in appeal cases about compensation for losses on the basis of the Plant Diseases Act reaffirm this position. In its consideration, the CBb did take into account the fact that brown rot has a large and ever increasing number of host plants. The CBb states that the fact that this plant disease in roses was not expected in advance cannot be regarded as an extraordinary circumstance.