BILL REQ. #:  S-0136.1 

Read first time 01/12/09.   Referred to Committee on Agriculture & Rural Economic Development.

     AN ACT Relating to genetically engineered plants; 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) "Director" means the director of the department.
     (3) "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.
     (4) "Genetically engineered plant" means a plant or any plant part or material, including, but not limited to, seeds and pollen, in which the genetic material has been changed through modern biotechnology in a way that does not occur naturally by multiplication or natural recombination.
     (5) "Modern biotechnology" means the application of either of the following:
     (a) In vitro nucleic acid techniques, including recombinant deoxyribonucleic acid (DNA) and direct injection of nucleic acid into cells or organelles; or
     (b) Fusion of cells beyond the taxonomic family that overcome natural physiological reproductive or recombinant barriers and that are not techniques used in traditional breeding and selection.

NEW SECTION.  Sec. 2   (1) Before a person holding a patent on a genetically engineered plant, or his or her agent, may enter upon any land farmed by another 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 must:
     (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;
     (b) Provide a copy of that notification to the director;
     (c) Obtain the written permission of the farmer; and
     (d) Provide notice to the farmer of the following procedures, which shall be applicable as provided:
     (i) If the farmer withholds permission, 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;
     (ii) If the person holding a patent believes that the crop from which samples are to be taken 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; and
     (iii) The procedures described in section 3 of this act.
     (2) The farmer shall grant or deny access in writing within ten days of receipt of a request to enter the land.

NEW SECTION.  Sec. 3   If requested by either party, the director or his or her designee shall be present for the sampling, provide for the collection of samples, or conduct any other aspect of the sampling or analysis process as requested. The director shall designate an employee or enter into an agreement with an employee or agent of the state of Washington or a third party unaffiliated with either party to carry out the specified sampling activity as provided in rules adopted under section 7 of this act. The patent holder shall pay the fee charged by the department under rules adopted under section 7 of this act. The farmer or the agent of the farmer and the person holding the patent may be present at any collection of samples conducted under this chapter, and each shall be notified of the time and location of the sample taking at least twenty-four hours in advance.

NEW SECTION.  Sec. 4   Samples for analysis 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. 5   The results of any testing conducted under this chapter shall be sent by registered letter by the testing party to all parties involved in the investigation within thirty days after the results are reported from the testing laboratory.

NEW SECTION.  Sec. 6   A farmer shall not be liable based on the presence or possession of a patented genetically engineered plant on real property owned or occupied by the farmer if the farmer did not knowingly buy or otherwise knowingly acquire the genetically engineered plant, the farmer acted in good faith and without knowledge of the genetically engineered nature of the plant, and if the genetically engineered plant is detected at a de minimis level. The authority of a court to determine the presence of de minimis levels of a genetically engineered plant is intended solely for the purpose of assisting in adjudicating claims relating to the possession or use of a patented genetically engineered plant in which the seed labeler, patent holder, or licensee, has rights. This section is not intended to:
     (1) Establish, or be used as the basis for establishing, an acceptable level at which a patented genetically engineered plant may be present;
     (2) Be used to alter or limit liabilities or remedies for personal injury or wrongful death; or
     (3) Be used outside or beyond the scope or context of a legal dispute regarding genetically engineered plants.

NEW SECTION.  Sec. 7   The department may adopt rules to implement this chapter.

NEW SECTION.  Sec. 8   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

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