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S4206Senate2019-2020 SessionSame asA1104

Protect Farmers from GMO Lawsuits

Official title

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

Sponsor Jen MetzgerSD-42Affects Legal
Status
Senate Floor Calendar
Impact
5/10
Moderate
Outcome
Companion signed

Bill progress

Signed via A1104

What's happening

This bill provides an affirmative legal defense for individuals unintentionally possessing or using genetically modified seeds or plants.

Why it matters

  1. Protects accidental contamination. This bill matters because it shields farmers and gardeners from legal liability if genetically modified (GM) seeds or plants unintentionally end up on their property, recognizing that cross-pollination and seed dispersal can occur without their knowledge or intent.

  2. Limits corporate control over seeds. By providing a legal defense, it curbs the power of GM seed manufacturers to pursue lawsuits against individuals who didn't intentionally obtain or benefit from patented GM traits, addressing concerns over aggressive patent enforcement in agriculture.

  3. Encourages traditional farming practices. The legislation could provide reassurance to organic and non-GM farmers that they won't be penalized for accidental genetic contamination, supporting biodiversity and the viability of non-GM and organic agriculture in New York.

  4. Shifts burden of proof. The bill requires individuals to demonstrate lack of intent and benefit from GM traits, which could drive more careful documentation and management practices while balancing fairness in legal disputes over GMOs.

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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
Jen Metzger

Senator · Senate District 42

Chair, Agriculture

No co-sponsors yet.

History

  1. Substituted by A1104A
  2. Amended on third reading 4206a
  3. Advanced to third reading
  4. 2nd report cal.
  5. 1st report cal.433
  6. 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.

A1104Assembly

Protect Farmers From GMO Lawsuits

Signed by Governor · Sponsor Thomas Abinanti

Impact 5 · ModerateSigned into law

Full text

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

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 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.

LBD04406-03-9

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

Sponsor's memo

Title of bill

An act to amend the general obligations law, in relation to genetically modified organisms

Purpose or general idea of bill

The purpose of this bill is to allow for an affirmative defense against any liability if the party can show that he or she did not knowingly and intentionally introduce the genetically engineered or genetically modi- fied organisms into his or her plants or seeds.

Summary of specific provisions

Section 1 of the bill amends the general obligations law by adding a new section 9-107 to provide an affirmative defense against any liability if the party who is sued for damages for any claim on the ground that the party possessed or used seeds or plants that contained genetically engi- neered or genetically modified organisms shows 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.

Section 2 is the effective date.

Justification

This bill seeks to help farmers by providing them with an affirmative defense if they are sued for planting genetically modified organisms or genetically engineered plants without purchasing the rights to do so.

Prior legislative history

2017/18: A600 passed Assembly; S523 (Young) referred to judiciary; 2015/16: A205 Passed Assembly, 5.3085 (Young) referred to judiciary; 2013/14: A5323 Passed Assembly; S4315 (Young) referred to judiciary; 2011/12: A.2111/5.785: Passed Assembly; 5758 (Young) referred to judici- ary 2009/10: A.2373/S.2483: Passed Assembly; 52483 (Young) referred to judi- ciary 2007/08: A.1403/5.4951: Passed Assembly; 54951 (Young) referred to judi- ciary 2005/06: A.1468: Passed Assembly; 2003/04: A.1911; 2001/02: A.11674

Fiscal implications

None to the state.

Effective date

This act shall take effect immediately.

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