Bill Text: NY A03878 | 2019-2020 | General Assembly | Introduced

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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

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                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.
                                                                   LBD08235-01-9
        A. 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 arising
        A. 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.