Bill Text: NY A03878 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires persons who sell or distribute genetically engineered plants, planting stock or seeds to provide written instructions to purchasers or growers of such stock.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-08 - referred to agriculture [A03878 Detail]
Download: New_York-2019-A03878-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3878 2019-2020 Regular Sessions IN ASSEMBLY January 31, 2019 ___________ Introduced by M. of A. ORTIZ, COOK -- read once and referred to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to liabil- ity for crop contamination by genetically engineered material The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The agriculture and markets law is amended by adding a new 2 article 9-B to read as follows: 3 ARTICLE 9-B 4 LIABILITY FOR CROP 5 CONTAMINATION BY 6 GENETICALLY ENGINEERED MATERIAL 7 Section 142-aaa. Liability for crop contamination by genetically engi- 8 neered material. 9 142-bbb. Seed contracts. 10 § 142-aaa. Liability for crop contamination by genetically engineered 11 material. 1. For purposes of this article: 12 (a) "Genetically engineered" means altered by human manipulation at 13 the molecular or cellular level by processes, including recombinant DNA 14 and RNA techniques, cell fusion, microencapsulation, macroencapsulation, 15 gene deletion and doubling, introduction of foreign genes, and gene 16 repositioning, which are not possible under natural conditions. "Genet- 17 ically engineered" does not include products altered exclusively by 18 breeding, conjugation, fermentation, hybridization, in vitro fertiliza- 19 tion, or tissue culture. 20 (b) "Cross-contamination" means any transfer and incorporation of 21 genetic material from a genetically engineered crop or plant, by cross- 22 pollination or other means, into a non-genetically engineered crop or 23 plant or to wild plant populations or the presence of genetically engi- 24 neered seeds in a lot or package of non-genetically engineered seeds. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08235-01-9A. 3878 2 1 (c) "Manufacturer" means a person, firm, or corporation who produces, 2 distributes, and sells genetically engineered plants, planting stock, or 3 seeds. 4 2. A manufacturer of genetically engineered plants, planting stock, or 5 seeds shall be liable to any person for any damages, including reason- 6 able attorney's fees and other litigation costs, and to the state for 7 natural resources damages and costs of restoration, due to cross-conta- 8 mination caused by the manufacturer's products. Such liability to farm- 9 ers shall include but not be limited to: 10 (a) loss of any price premium which would have accrued to a farmer 11 growing non-genetically engineered products by contract or other market- 12 ing arrangement, or which would have been otherwise reasonably available 13 to the farmer through ordinary commercial channels; 14 (b) any judgment, charge, or penalty for which the farmer growing 15 non-genetically engineered products is liable due to breach of contract, 16 including loss of organic certification, for failure to deliver a crop 17 free of genetically engineered material or for delivering a crop exceed- 18 ing any contractually agreed tolerances for the presence of genetically 19 engineered material; 20 (c) any additional transportation, storage, handling, or related 21 charges or costs incurred by the farmer that would not have been 22 incurred in the absence of cross-contamination; 23 (d) market price reductions incurred by farmers resulting from loss of 24 crop exports, including foreign and domestic markets; and 25 (e) a farmer's loss of livelihood or reputation caused by cross-conta- 26 mination. 27 A farmer who is not in breach of a contract for the purchase or use of 28 genetically engineered plants, planting stock, or seeds and unknowingly 29 comes into possession or uses such plants, planting stock, or seeds as a 30 result of natural reproduction, cross-contamination, or other means 31 shall not be liable under this subdivision for any damages caused by the 32 use of such plants, planting stock, or seeds, including damages for 33 patent infringement. 34 A manufacturer shall have an affirmative defense to liability under 35 this subdivision if: a farmer or other third party acted in gross negli- 36 gence to cause the release of the genetically engineered material that 37 resulted in cross-contamination; the farmer had received and signed a 38 contract with the manufacturer; the farmer had received written materi- 39 als from the manufacturer explaining how to plant and cultivate the 40 genetically engineered plants; and by following the manufacturer's 41 contract and instructions the farmer would not have caused damages 42 through the use of such plants, planting stock or seeds; or a seed sell- 43 er or distributor, other than the manufacturer, acted in gross negli- 44 gence to cause the presence of the manufacturer's genetically engineered 45 seeds in a lot or package of seeds that were sold to a farmer as non- 46 genetically engineered seeds. 47 The provisions of this subdivision shall not limit the liability of a 48 manufacturer under any cause of action not based upon this subdivision. 49 The provisions of this subdivision shall not be subject to waiver, by 50 agreement, or otherwise. 51 § 142-bbb. Seed contracts. A seed contract for the purchase of seeds 52 or planting stock in New York must be governed by the laws of New York. 53 If such a contract executed in New York purports to waive the provisions 54 of this section, to choose the laws of another jurisdiction to govern 55 the contract or to choose a forum for adjudication of disputes arisingA. 3878 3 1 out of the contract that would not otherwise have jurisdiction over the 2 parties to the contract, such provisions are void and unenforceable. 3 § 2. Severability. If any clause, sentence, subdivision, paragraph, 4 section or part of this act is adjudged by any court of competent juris- 5 diction to be invalid, such judgment shall not affect, impair or invali- 6 date the remainder thereof, but shall be confined in its operation to 7 the clause, sentence, subdivision, paragraph, section or part thereof 8 directly involved in the controversy in which such judgment shall have 9 been rendered. 10 § 3. This act shall take effect on the one hundred twentieth day after 11 it shall have become a law.
