FARMER PROTECTION ACT
Summary
Creates the Farmer Protection Act. Provides that the release by a manufacturer of a genetically engineered plant shall constitute a private nuisance for which the manufacturer shall be liable only if the release (i) causes the presence of the plant within the property owned or occupied by a person for whom the plant presence was not intended and (ii) results in damage in any calendar year that exceeds $3,500. Provides that defenses at law or equity available in a private nuisance action apply to actions brought under this Act. Provides that a person owning or occupying the property upon which a nuisance release occurs does not have a duty to establish buffer zones, segregation protocols, or otherwise initiate measures to protect specifically against the potential release of genetically engineered plants. Provides that a person who is not in breach of a seed contract regarding the purchase or use of a genetically engineered plant and that unknowingly comes into possession of a genetically engineered plant shall not be liable for certain damages. Authorizes, under certain conditions, a seed supplier or, in some cases, the Director of Agriculture or his or her designee to enter upon real property farmed by another person for the purpose of obtaining crop samples. Authorizes the seed supplier to petition the circuit court for the county in which the real property is located for an order granting permission to enter upon the farmer's real property. Sets forth protocols for inspections. Provides that a farmer has a right of action against a seed supplier for violations of the Act and may recover certain damages. Effective immediately.
Bill status
failed
1 of 4 stages cleared
Introduction
Feb 2009
Committee Review
Floor Vote
Governor
Introduced Feb 20, 2009
Last action Jan 12, 2011
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
12
Key actions
0
Committee
8
Amendments
1
Jan 12, 2011
Senate · Failed
Session Sine Die
Mar 13, 2009
Senate · Referred to committee
Rule 3-9(a) / Re-referred to Assignments
Mar 13, 2009
Senate · Referred to committee
Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments
Mar 11, 2009
Senate · Reported by committee
To Judiciary Subcommittee on Property and the Environment
Mar 11, 2009
Senate · Reported by committee
Senate Committee Amendment No. 1 To Judiciary Subcommittee on Property and the Environment
Mar 10, 2009
Senate · Reported by committee
Senate Committee Amendment No. 1 Assignments Refers to Judiciary
Mar 9, 2009
Senate · Referred to committee
Senate Committee Amendment No. 1 Referred to Assignments
Mar 9, 2009
Senate · Amendment offered
Senate Committee Amendment No. 1 Filed with Secretary by Sen. John O. Jones
Mar 4, 2009
Senate · Referred to committee
Assigned to Judiciary
Feb 20, 2009
Senate · Referred to committee
Referred to Assignments
0 primary · 1 co-sponsor
Sponsors
Role
Legislator
Party
State
District
Co
John O. Jones
RRepublican
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