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BILL NUMBER:S785

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 modified organisms into his or her plants or seeds.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the General Obligations Law to provide for an affirmative defense against any liability if he or she shows that they did not knowingly and intentionally introduce genetically engineered plants or genetically modified organisms and they did not knowingly gain from the distinctive traits of a genetically engineered plant or genetically modified organism.

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:

2009-2010: S.2483/A.2373  Passed Assembly 2007-2008: S.4951/A.1403  Passed Assembly 2005-2006: A.1468-A       Passed Assembly 2003-2004: A.1911 2001-2003: A.11674

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

Immediately.

Text

STATE OF NEW YORK
________________________________________________________________________

785

2011-2012 Regular Sessions

IN SENATE

(PREFILED)

January 5, 2011
___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

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:

  Section 1. The general obligations law is  amended  by  adding  a  new
section 9-107 to read as follows:
  S  9-107.  GENETICALLY  ENGINEERED  OR GENETICALLY MODIFIED ORGANISMS;
AFFIRMATIVE DEFENSE. ANY PARTY WHO IS SUED FOR DAMAGES FOR VIOLATION  OF
A PATENT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY RIGHTS ON THE GROUND
THAT  THE  PARTY POSSESSED OR USED SEEDS OR PLANTS THAT CONTAINED GENET-
ICALLY 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.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01642-01-1