Bill Text: NY S04206 | 2019-2020 | General Assembly | Amended


Bill Title: Establishes an affirmative defense for causes of actions related to damages for any claim on grounds that a party possessed or used seeds or plants that contained genetically engineered or genetically modified organisms without entering into an agreement or paying fees to the manufacturer or licensed distributor of such products.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-12-06 - approval memo.32 [S04206 Detail]

Download: New_York-2019-S04206-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         4206--A
            Cal. No. 433
                               2019-2020 Regular Sessions
                    IN SENATE
                                      March 4, 2019
                                       ___________
        Introduced  by  Sen. METZGER -- read twice and ordered printed, and when
          printed to be committed to the  Committee  on  Judiciary  --  reported
          favorably  from  said  committee,  ordered to first and second report,
          ordered to a third reading, amended and ordered  reprinted,  retaining
          its place in the order of third reading
        AN  ACT to amend the general obligations law, in relation to genetically
          modified organisms
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  general  obligations  law is amended by adding a new
     2  section 9-107 to read as follows:
     3    § 9-107. Genetically engineered  or  genetically  modified  organisms;
     4  affirmative  defense. Any party who is sued for damages for any claim on
     5  the ground that the  party  possessed  or  used  seeds  or  plants  that
     6  contained genetically engineered or genetically modified organisms with-
     7  out  entering  into  an  agreement or paying fees to the manufacturer or
     8  licensed distributor of such genetically engineered or genetically modi-
     9  fied organisms shall have an affirmative defense against  any  liability
    10  if  the  party  shall  show  that he or she did not knowingly and inten-
    11  tionally introduce the genetically engineered  or  genetically  modified
    12  organisms  into  his  or her plants or seeds or onto his or her property
    13  and he or she did not knowingly gain from the distinctive traits due  to
    14  genetic modification or genetic engineering.
    15    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04406-03-9
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