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A1104Assembly2019-2020 SessionSame asS4206

Protect Farmers From GMO Lawsuits

Official title

“Establishes an affirmative defense for damages for any claim relating to genetically engineered organisms”

Sponsor Thomas AbinantiAD-92+1 co-sponsorAffects Legal
Status
Signed by Governor
Impact
5/10
Moderate
Outcome
Signed into law

Bill progress

Signed into law

What's happening

This bill allows individuals sued for possessing or using genetically modified seeds or plants to claim an affirmative defense if they did not knowingly or intentionally introduce them or benefit from their modified traits.

Why it matters

  1. Protects unintentional possession. This bill would help shield farmers and others from legal liability if genetically modified (GM) seeds or plants end up on their property without their knowledge or intent, such as through wind drift or accidental contamination.

  2. Limits corporate lawsuits. Large agribusinesses, which often hold patents on GM seeds, would face higher hurdles in suing individuals for unauthorized use, reducing the risk of costly litigation for small-scale or organic farmers.

  3. Requires proof of intent or benefit. To be liable, a person would have to be shown to have knowingly and intentionally introduced GM organisms or knowingly gained from their special traits, making it harder to penalize those who did not actively seek out or exploit GM technology.

  4. Supports coexistence in agriculture. By offering this affirmative defense, the bill could help ease tensions between GM and non-GM crop growers, encouraging more equitable treatment and potentially supporting more diverse agricultural practices in New York.

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Who cares

Headline styles

Protect Farmers From GMO Lawsuits

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Thomas Abinanti

Assembly Member · Assembly District 92

1 Co-sponsor

History

  1. Approval memo.32
  2. Signed chap.612
  3. Delivered to governor
  4. Returned to assembly
  5. Passed senateVote 58–0
  6. 3rd reading cal.433
  7. Substituted for S4206A
  8. Recommitted to judiciary
  9. Returned to senate
  10. Repassed assembly
  11. Amended on third reading 1104a
  12. Vote reconsidered - restored to third reading
Show 8 earlier actions
  1. Returned to assembly
  2. Recalled from senate
  3. Referred to judiciary
  4. Delivered to senate
  5. Passed assembly
  6. Advanced to third reading cal.22
  7. Reported
  8. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S4206Senate

Protect Farmers from GMO Lawsuits

Senate Floor Calendar · Sponsor Jen Metzger

Impact 5 · Moderate0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1104--A Cal. No. 22

2019-2020 Regular Sessions

IN ASSEMBLY

January 14, 2019

Introduced by M. of A. ABINANTI, WEPRIN -- read once and referred to the Committee on Judiciary -- advanced to a third reading, passed by Assembly and delivered to the Senate, recalled from the Senate, vote reconsidered, bill amended, ordered reprinted, retaining its place on 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 Assembly, do enact as follows:

Section 1. The general obligations law is amended by adding a new section 9-107 to read as follows:

§ 9-107. Genetically engineered or genetically modified organisms; affirmative defense. Any party who is sued for damages for any claim on the ground that the 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 genetically engineered or genetically modified organisms shall have an affirmative defense against any liability if the party shall show that he or she did not knowingly and intentionally introduce the genetically engineered or genetically modified organisms into his or her plants or seeds or onto his or her property and he or she did not knowingly gain from the distinctive traits due to genetic modification or genetic engineering.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04406-02-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.