Bill Text

This bill text is based on NY A 286.

Genetically Engineered Organism Ban Act

Section 1. Short Title.

This Act shall be known as and may be cited as the “Genetically Engineered Organism Ban Act.”

Section 2. Legislative Findings.

The Legislature for the state of <insert your state’s name here> finds the following:

(A) Agriculture is important to the economic and general welfare of the state of <insert your state’s name here>;

(B) The cultivation of genetically modified organisms has rapidly increased in recent years, with few regulations;

(C) With the rapid rise in the use of genetically modified organisms has come multiple concerns over potential contamination of organic crops, contamination of food and food products with genetically engineered organisms, consumer food allergies, and general consumer concerns over their right to choose what they consume;

(D) Many of the potential effects of the use of genetically modified organisms in food and food products are unpredictable and long-term; and

(E) It is important for the state of <insert your state’s name here> to fully investigate and study the implications genetically engineered organisms and genetic engineering technology would have upon the <insert your state’s name here>’s agricultural economy, environment and consumer health.

Section 3. Legislative Intent.

It is the intent of the Legislature to:

(A) Perform a study to ascertain the implications genetically engineered crops will have on the agricultural economy, the environment, and consumer health for the state of <insert your state’s name here>;

(B) While the study is being conducted, ban the growing of and planting of genetically engineered crops in the state of <insert your state’s name here> for a period of <recommend five years>; and

(C) Create the <insert your state’s name here> Genetically Engineered Organism Ban Act to accomplish these intentions.

Section 4. Definitions.

For the purposes of this Act, the following words have the following meanings:

(A) “Department” refers to the Department of Natural Resources <or insert your state’s equivalent>.

(B) “Genetically engineered crop” refers to any agricultural crop that contains a genetically engineered organism.

(C) “Genetically engineered organism” refers to any living organism whose genetic composition has been altered through the addition of novel, nonspecies-related genetic material that is not otherwise part of the genetic composition of such organism. This includes the offspring of such an organism if it possesses any of the changed molecular or cellular characteristics of the parent.

(D) “Growers” refers to any person, including, but not limited to, farmer, company, or university, that is cultivating genetically engineered crops.

Section 5. Study.

(A) The Legislature hereby assigns to the Natural Resources Committee <or insert your state’s equivalent> a study that analyzes the effects of the cultivation of genetically engineered crops in the state of <insert your state’s name here>.

(B) The study shall include, but not be limited to, the following topics:

(1) The impact of genetic engineering on <insert your state’s primary crops>;

(2) The environmental impact of genetically engineered crops, including <insert specific technology of concern (e.g., cell fusion or terminator seed)>, on the state; and

(3) The impact of genetically engineered crops on consumer health in the state (e.g., the production of pharmaceuticals in crops); and

(4) <Insert other specific concerns for your state>.

(C) The study shall be completed within a period of no more than <recommend no longer than four years to coincide with ban>.

(D) The results of the study shall be assembled into a report and presented to the Legislature by <recommend no longer than one year after completion of study> and shall include recommendations for further legislative action, if necessary.

Section 6. Ban.

(A) The growing of and planting of genetically engineered crops within the state of <insert your state’s name here> shall be banned for a period of <recommend five years>.

(1) [Recommended text] This provision shall retroactively apply to growers’ crops planted prior to the enactment of the legislation. Any growers who have genetically engineered crops in cultivation as of the effective date of this Act shall have 60 days to conform to the provisions in part (B) of this section. If they fail to conform within 60 days, they shall be subject to the penalties in part (C) of this section.

(B) The growing of and planting of genetically engineered crops for the purpose of research shall be exempt from the ban on the growing of and planting of genetically engineered crops only under the following conditions:

(1) Crops grown for this purpose shall be grown in enclosed facilities.

(2) A genetically engineered crop may be grown on an outdoor plot of land for the purpose of research only under the following conditions:

(a) The plot shall be no larger than <recommend three acres>;

(b) The plot shall be located at least <recommend 1000 ft.> from any other plot used for the growing and planting of crops; and

(c) No location shall exceed a combined total of <recommend 5 acres> for the planting and growing of genetically engineered crops.

(C) The following penalties shall apply for violations of this section:

(1) A warning for the first violation; and

(2) For a second violation and any subsequent violations, a penalty of <recommend a minimum of $1000.00 per day>, with an additional penalty of removal of the plants if the violation continues for a period of <recommend no more than 14 days>.

(D) The Department shall be charged with the enforcement of and assessment of penalties of the ban.

Section 7. Severability.

If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity shall not affect other provisions or applications of this Act, which can be given effect without regard to the invalid provision or application and, to this end, the provisions of this Act are severable.

Section 8. Promulgation of Regulations.

The Department is authorized to make rules and perform any additional duties deemed necessary to implement the provisions of this Act.

Section 9. Effective Date.

This Act shall take effect immediately upon enactment.