BILL REQ. #:  H-5259.1 

Read first time 02/07/08.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to transgenic organisms; and adding a new chapter to Title 15 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of agriculture.
     (2) "Farmer" means the person responsible for planting a crop, managing the crop, and harvesting the crop from land on which a breach of contract or patent infringement is alleged to have occurred.
     (3) "Director" means the director of the department.
     (4) "Transgenic organism" means an organism including, but not limited to, animal, plant, bacterium, cyanobacterium, fungus, protist, or virus altered or produced through genetic modification from a donor, vector, or recipient organism using modern molecular techniques such as recombinant deoxyribonucleic acid methodology, and any living organisms derived therefrom.

NEW SECTION.  Sec. 2   (1) Before a person or his or her agent holding a patent on a transgenic organism may enter upon any land owned by a farmer for the purpose of obtaining crop samples to determine whether breach of contract or patent infringement has occurred, the person holding the patent or his or her agent shall do both of the following:
     (a) Notify the farmer in writing of the allegation that breach of contract or patent infringement has occurred and request permission to enter upon the farmer's land; and
     (b) Obtain the written permission of the farmer.
     (2)(a) The farmer shall grant or deny access in writing within ten days of receipt of a request to enter the land pursuant to subsection (1) of this section.
     (b) If the farmer withholds permission under subsection (1) of this section, the person holding a patent may petition the superior court in the county in which the alleged breach of contract or patent infringement has occurred for an order granting permission to enter upon the farmer's land.

NEW SECTION.  Sec. 3   (1) Either party may request the director to provide for the collection of samples under section 2 of this act, or to participate in or conduct any other aspect of the sampling or analysis process. If so requested, the director shall designate an employee of the department, or enter into an agreement with a person or entity, to implement the specified activity as provided in rules adopted pursuant to section 6 of this act.
     (2) The person or entity designated under this section may be, but is not required to be, an employee or department or the state.
     (3) The farmer or the farmer's agent and the person holding the patent may be present at any collection of samples conducted under this section, and each shall be notified of the time and location of the sampling in a timely manner.

NEW SECTION.  Sec. 4   If the person holding a patent believes that the crop from which samples are to be taken under section 2 or 3 of this act may be subject to intentional damage or destruction, the person may seek a protective order from the superior court. The protective order shall be crafted to minimize interruption or interference with normal farming practices, including harvest and tillage.

NEW SECTION.  Sec. 5   Samples for analysis under section 2 or 3 of this act may be taken from a standing crop, from representative standing plants in the field, or from crop residue remaining in the field after harvest.

NEW SECTION.  Sec. 6   The department may adopt rules to determine sampling protocols, which may specify all of the following:
     (1) Who is authorized to collect samples or conduct related activity;
     (2) Methods of sample storage; and
     (3) Standards for sampling, inspecting, analyzing, and testing seeds consistent with this chapter.

NEW SECTION.  Sec. 7   The results of any testing conducted pursuant to this chapter shall be sent by registered letter by the testing party to all other parties within thirty days after the results are reported from the testing laboratory.

NEW SECTION.  Sec. 8   A farmer is not liable for the breach of a seed contract or for patent infringement if a product, in which the seed labeler, patent holder, or licensee has rights, is possessed by the farmer or found on real property owned or occupied by the farmer and the presence of the product is de minimis or not intended by the farmer.

NEW SECTION.  Sec. 9   Sections 1 through 8 of this act constitute a new chapter in Title 15 RCW.