Bill Text

This bill text is based on 2003 MA S 1912.

Genetically Engineered Food Liability Act

Section 1. Short Title.

This Act shall be known as and may be cited as the “<insert your state’s name here> Genetically Engineered Food Liability 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 engineered organisms has rapidly increased in recent years, with few regulations;

(C) With the rapid rise in the use of genetically engineered 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 engineered organisms in food and food products are unpredictable and long-term;

(E) The biotechnology companies that invent and manufacture these products are considered the experts regarding this technology; and

(F) The burden of ensuring environmental and human health safety should be placed on the biotechnology companies.

Section 3. Legislative Intent.

It is the intent of the Legislature to:

(A) Ensure that the biotechnology companies responsible for the development and manufacture of genetically engineered organisms used for food and food products are held liable for actions that endanger the health and safety of both the environment and the general public;

(B) Protect the welfare of the general public; and

(C) Create the <insert your state’s name here> Genetically Engineering Food Liability Act.

Section 4. Definitions.

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

(A) “Crop contamination” refers to any transfer of genetic material from a genetically engineered growing crop, by cross pollination or other means, to a non-genetically engineered growing crop, provided the farmer that grows non-genetically engineered crops does not also grow genetically engineered crops.

(B) “Farmer” refers to a person, partnership, limited liability company, association, corporation, cooperative, trust, sharecropper, or other business unit, device, or arrangement, who as either a landowner or a tenant is engaged in growing agricultural crops or agriculture products, including, but not limited to, <list crops commonly grown in your state>.

(C) “Genetically engineered product” refers to any food or food product constructed using genetically engineered organisms containing <recommend a level no lower than 0.5% of a genetically engineered organism component>. This definition affects the following products:

(1) Animal feed;

(2) Apiary products;

(3) Bees;

(4) Dairy animal and dairy products;

(5) Horticultural stock;

(6) Livestock and livestock products;

(7) Poultry and poultry products;

(8) Produce grown and harvested in a home vegetable garden;

(9) Products used for the control or mitigation of noxious weeds;

(10) Seeds; and

(11) Vegetable feed, vegetables, fruit, forage grain, and wild rice.

(D) “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.

(E) “Person” refers to a natural person, corporation, partnership, or other business unit.

(F) “Strict liability” refers to absolute liability for any damages that result from the use of genetically engineered organisms without respect to intention or negligence.

Section 5. Liability.

(A) Any person who genetically modifies organisms for use as food shall be strictly liable in tort for damages caused by the use of their products, provided that the harm was not the result of another person violating reasonable safety precautions that were outlined in a signed agreement. The damages shall include, but are not limited to:

(1) Human health effects, including, but not limited to:

(a) Allergies resulting from added proteins, including proteins not normally found in the food supply;

(b) Exposure to toxic proteins or other substances added to genetically engineered food;

(c) Nutritional loss due to cellular changes; and

(d) Decrease in antibiotic resistance due to the spread of antibiotic-resistant genes used during genetic engineering.

(2) Environmental harm, including, but not limited to:

(a) Death or injury to non-targeted plants, animals, and other species;

(b) Soil disruption; and

(c) The spread of plants or insects resistant to pesticides through unintended gene transfer.

(3) Crop contamination, including, but not limited to:

(a) Loss of any price premium, which would have accrued to a farmer of non-genetically engineered products by contract or other marketing arrangement, or which would have been reasonably available to the farmer through ordinary commercial channels;

(b) Any additional transportation, storage, handling, or related charges or costs incurred by the farmer which would not have been incurred in the absence of crop contamination; and

(c) Any judgment, charge, or penalty for which the farmer of non-genetically engineered products is liable due to breach of contract, including loss of organic certification for failure to deliver a crop free of genetically engineered material, or for delivering a crop exceeding any contractually agreed tolerances for the presence of genetically engineered material.

(B) Any aggrieved person may bring action in the appropriate court against any person that causes harm under this Act.

Section 6. 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 7. 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 8. Effective Date.

This Act shall take effect immediately upon enactment.