I 

112TH CONGRESS 

1ST SESSION H. R. 3555 

To provide additional protections for farmers and ranchers that may be 

harmed economically by genetically engineered seeds, plants, or animals, 

to ensure fairness for farmers and ranchers in their dealings with biotech 

companies that sell genetically engineered seeds, plants, or animals, to 

assign liability for injury caused by genetically engineered organisms, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 2, 2011 

Mr. KUCINICH (for himself, Mr. GRIJALVA, and Mr. STARK) introduced the 

following bill; which was referred to the Committee on Agriculture, and 

in addition to the Committees on Energy and Commerce and the Judiciary, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

A BILL 

To provide additional protections for farmers and ranchers 

that may be harmed economically by genetically engineered seeds, plants, or animals, to ensure fairness for 

farmers and ranchers in their dealings with biotech companies that sell genetically engineered seeds, plants, or 

animals, to assign liability for injury caused by genetically engineered organisms, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Genetically Engineered Technology Farmer Protection 

4 Act’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—GENETICALLY ENGINEERED CROP AND ANIMAL 

FARMER PROTECTION 

Sec. 101. Short title; findings. 

Sec. 102. Information requirements regarding sale of genetically engineered 

seeds, plants, and animals. 

Sec. 103. Contract limitations regarding sale of genetically engineered seeds, 

plants, and animals. 

Sec. 104. Prevention of noncompetitive practices involving technology fees. 

Sec. 105. Measures to avoid cross pollination involving genetically engineered 

seeds or plants. 

Sec. 106. Resistance of agricultural pests to certain naturally occurring pesticides. 

Sec. 107. Prohibition on labeling certain seeds as non-genetically engineered. 

Sec. 108. Prohibition on certain non-fertile plant seeds. 

Sec. 109. Prohibition on loan discrimination. 

Sec. 110. Civil penalties for violation. 

Sec. 111. Citizen suits. 

Sec. 112. Definitions. 

TITLE II—GENETICALLY ENGINEERED ORGANISM LIABILITY 

Sec. 201. Short title. 

Sec. 202. Findings. 

Sec. 203. Liability. 

7 TITLE I—GENETICALLY ENGI8 NEERED CROP AND ANIMAL 

9 FARMER PROTECTION 

10 SEC. 101. SHORT TITLE; FINDINGS. 

11 (a) SHORT TITLE.—This title may be cited as the 

12 ‘‘Genetically Engineered Crop and Animal Farmer Protec13 tion Act’’. 


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1 (b) FINDINGS.—Congress finds the following: 

2 (1) Agribusiness and biotechnology companies 

3 have rapidly consolidated market power while the av4 erage farmer’s profits and viability have significantly 

5 declined. 

6 (2) Policies promoted by biotech corporations, 

7 such as the patenting of seeds, depriving farmers the 

8 right to save seeds, unreasonable seed contracts, and 

9 intrusion into everyday farm operations, have sys10 tematically revoked basic farmer rights, which have 

11 been enjoyed by farmers since the beginning of the 

12 practice of agriculture and which are essential for 

13 agricultural sustainability and the survival of family 

14 farms. 

15 (3) The introduction of genetically engineered 

16 crops has also created obstacles for farmers, includ17 ing the loss of markets and increased liability con18 cerns. 

19 (4) In Monsanto v. Geerston Farms, the United 

20 States Supreme Court determined that the threat of 

21 transgenic contamination is so harmful and onerous 

22 to organic and conventional farmers to give such 

23 farmers standing to challenge future biotech crop 

24 commercialization. 


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1 (5) To mitigate the abuses upon farmers, a 

2 clear set of farmer’s rights must be established. 

3 SEC. 102. INFORMATION REQUIREMENTS REGARDING SALE 

4 OF GENETICALLY ENGINEERED SEEDS, 

5 PLANTS, AND ANIMALS. 

6 (a) FULL DISCLOSURE OF RISKS OF USE.—A biotech 

7 company that sells any genetically engineered animal, ge8 netically engineered plant, or genetically engineered seed 

9 that the biotech company knows, or has reason to believe, 

10 will be used by a purchaser in the United States to 

11 produce an agricultural commodity shall provide written 

12 notice to the purchaser that fully and clearly discloses the 

13 possible legal and environmental risks that the use of the 

14 genetically engineered animal, genetically engineered 

15 plant, or genetically engineered seed may pose to such pur16 chaser. 

17 (b) EFFECT OF DISCLOSURE.—The provision of writ18 ten notice under subsection (a) regarding the risks of 

19 using a genetically engineered animal, genetically engi20 neered plant, or genetically engineered seed does not re21 lieve the biotech company from any liability that may re22 sult from the release of genetically engineered material 

23 into the environment. The receipt of the written notice by 

24 the purchaser shall not be construed to create any liability 

25 for the purchaser. 


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1 (c) RULEMAKING.—The Secretary shall issue such 

2 rules as may be necessary to implement and enforce this 

3 section. 

4 SEC. 103. CONTRACT LIMITATIONS REGARDING SALE OF 

5 GENETICALLY ENGINEERED SEEDS, PLANTS, 

6 AND ANIMALS. 

7 (a) CERTAIN CONTRACT TERMS AND LIMITATIONS

8 UNENFORCEABLE.—If a contract for the sale of a geneti9 cally engineered animal, genetically engineered plant, or 

10 genetically engineered seed to a purchaser for use in agri11 cultural production contains a provision described in sub12 section (b), the provision is hereby declared to be against 

13 public policy and therefore void and unenforceable as a 

14 matter of law. 

15 (b) PROHIBITED TERMS AND LIMITATIONS.—The 

16 provisions referred to in subsection (a) are any of the fol17 lowing: 

18 (1) In the case of a sale of a genetically engi19 neered plant or genetically engineered seed, a provi20 sion that prohibits the purchaser from retaining a 

21 portion of the harvested crop for future crop plant22 ing by the purchaser or that charges a fee to retain 

23 a portion of the harvested crop for future crop 

24 planting. 


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1 (2) A provision that limits the ability of the 

2 purchaser to recover damages from the biotech com3 pany for a genetically engineered animal, genetically 

4 engineered plant, or genetically engineered seed that 

5 does not perform as advertised. 

6 (3) A provision that shifts any liability from the 

7 biotech company to the purchaser. 

8 (4) A provision that requires the purchaser to 

9 grant agents of the seller access to the property 

10 owned by the purchaser. 

11 (5) A provision that mandates arbitration of 

12 any disputes between the biotech company and the 

13 purchaser. 

14 (6) A provision that mandates any court of ju15 risdiction for the settlement of disputes. 

16 (7) A provision that mandates that the pur17 chaser pay liquidated damages of more than a tech18 nology fee or similar fee, including any interest 

19 charged on such fees. 

20 (8) A provision that imposes any unfair condi21 tion upon the purchaser, as determined by the Sec22 retary or a court. 


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1 SEC. 104. PREVENTION OF NONCOMPETITIVE PRACTICES 

2 INVOLVING TECHNOLOGY FEES. 

3 (a) DISCLOSURE OF TECHNOLOGY FEES.—A biotech 

4 company that sells a genetically engineered animal, geneti5 cally engineered plant, or genetically engineered seed for 

6 use in agricultural production in the United States shall 

7 notify the Secretary, at such times and in such manner 

8 as the Secretary shall require, of— 

9 (1) the nature and amount of any technology, 

10 nonproduction, royalty, or similar fees collected by 

11 the biotech company in each country where such ge12 netically engineered animal, plant, or seed is mar13 keted; and 

14 (2) in the case of a genetically engineered plant 

15 or genetically engineered seed, the prices charged by 

16 the biotech company for herbicides associated with 

17 such genetically engineered plant or seed. 

18 (b) PROHIBITION ON NONCOMPETITIVE PRAC19 TICES.—A biotech company that sells a genetically engi20 neered animal, genetically engineered plant, or genetically 

21 engineered seed for use in agricultural production in the 

22 United States may not charge higher technology, non23 production, royalty, or similar fees for sales of the geneti24 cally engineered animal, plant, or seed in the United 

25 States than in other countries in which the genetically en26 gineered animal, plant, or seed is sold. 


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1 (c) PUBLICATION OF DATA.—The Secretary shall 

2 publish all data received under subsection (a)(1) every six 

3 months in the Federal Register and on a publicly available 

4 Internet site. 

5 SEC. 105. MEASURES TO AVOID CROSS POLLINATION IN6 VOLVING GENETICALLY ENGINEERED SEEDS 

7 OR PLANTS. 

8 (a) DESIGNATION OF PREDOMINATELY OUTCROSSED

9 POLLINATORS.—The Secretary shall determine which 

10 plants are predominately outcrossed pollinators and make 

11 such information available to persons who sell or purchase 

12 such plants or the seeds of such plants for use in agricul13 tural production. 

14 (b) MINIMIZING THE NEGATIVE EFFECTS OF PRE15 DOMINATELY OUTCROSSED POLLINATORS.—The Sec16 retary shall issue rules to require effective mitigation 

17 strategies for any crop that is a predominately outcrossed 

18 pollinator. 

19 (c) PROVIDING INSTRUCTIONS TO AVOID CROSS

20 POLLINATION.—The seller of any genetically engineered 

21 plant or genetically engineered seed that has been identi22 fied as a predominately outcrossed pollinator shall provide 

23 written instructions to each purchaser of the plants or 

24 seeds regarding how to plant and cultivate the plants or 

25 seeds so as to avoid cross contamination. 


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1 SEC. 106. RESISTANCE OF AGRICULTURAL PESTS TO CER2 TAIN NATURALLY OCCURRING PESTICIDES. 

3 Section 3(c) of the Federal Insecticide, Fungicide, 

4 and Rodenticide Act (7 U.S.C. 136a(c)) is amended by 

5 adding at the end the following paragraph: 

6 ‘‘(11) PLANT-INCORPORATED BT PESTICIDES.— 

7 ‘‘(A) Not later than 180 days after the 

8 date of the enactment of this paragraph, the 

9 Administrator, in consultation with the 

10 subpanel established under subparagraph (B), 

11 shall establish the best achievable resistance 

12 plan for plant-incorporated pesticides engi13 neered to include toxins derived from the bac14 terium Bacillus thuringiensis (referred to in 

15 this paragraph as ‘plant-incorporated Bt pes16 ticide’). 

17 ‘‘(B) Before establishing the best achiev18 able resistance plan under subparagraph (A), 

19 the Administrator shall, in accordance with pro20 cedures under section 25(d), establish a tem21 porary subpanel to provide advice to the Admin22 istrator on scientific matters involved in estab23 lishing the resistance plan described in subpara24 graph (A). 

25 ‘‘(C) Once the best achievable resistance 

26 plan is established under subparagraph (A), the 


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1 Administrator shall revoke all Bt registrations 

2 that are not in compliance with the plan and 

3 may not issue new registrations unless the ap4 plicant has achieved the plan. 

5 ‘‘(D) If pursuant to subparagraph (A) the 

6 Administrator determines that plant-incor7 porated Bt pesticides may have an unreasonable 

8 adverse effect on the environment by facilitating 

9 the development of Bt-toxin resistance in pests, 

10 or that the review has been inconclusive on 

11 whether the pesticide facilitates such resistance, 

12 the Administrator shall take such actions under 

13 this Act as may be necessary to significantly re14 duce the extent to which such pesticides are 

15 used.’’. 

16 SEC. 107. PROHIBITION ON LABELING CERTAIN SEEDS AS 

17 NON-GENETICALLY ENGINEERED. 

18 A seed company or other person may not sell, or offer 

19 for sale, seeds for planting that are labeled as non-geneti20 cally engineered or otherwise represented as not con21 taining genetically engineered material if the Secretary 

22 finds that any sample of the seeds contains genetically en23 gineered material. 


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1 SEC. 108. PROHIBITION ON CERTAIN NON-FERTILE PLANT 

2 SEEDS. 

3 Notwithstanding any other provision of law, effective 

4 45 days after the date of the enactment of this title, a 

5 person may not manufacture, distribute, sell, plant, or 

6 otherwise use any seed that is genetically engineered to 

7 produce a plant, the seeds of which are not fertile or are 

8 rendered infertile by the application of an external chem9 ical inducer. 

10 SEC. 109. PROHIBITION ON LOAN DISCRIMINATION. 

11 A financial institution may not discriminate against 

12 an agricultural producer that refuses to use genetically en13 gineered plants or animals or add as condition to a loan 

14 the requirement that the producer use genetically engi15 neered plants or animals. 

16 SEC. 110. CIVIL PENALTIES FOR VIOLATION. 

17 (a) AUTHORITY TO ASSESS PENALTIES.—The Sec18 retary may assess, by written order, a civil penalty against 

19 a biotech company or other person that violates a provi20 sion of this title, including a regulation promulgated or 

21 order issued under this title. Each violation, and each day 

22 during which a violation continues, shall be a separate of23 fense. 

24 (b) AMOUNT AND FACTORS IN ASSESSING PEN25 ALTIES.—The maximum amount that may be assessed 

26 under this section for a violation may not exceed 


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1 $100,000. In determining the amount of the civil penalty, 

2 the Secretary shall take into account— 

3 (1) the gravity of the violation; 

4 (2) the degree of culpability; 

5 (3) the size and type of the business commit6 ting the violation; and 

7 (4) any history of prior violations of this title 

8 or other laws administered by the Secretary by such 

9 business. 

10 (c) NOTICE AND OPPORTUNITY FOR HEARING.—The 

11 Secretary may not assess a civil penalty under this section 

12 against a biotech company or other person unless the com13 pany is given notice and opportunity for a hearing on the 

14 record before the Secretary in accordance with sections 

15 554 and 556 of title 5, United States Code. 

16 (d) JUDICIAL REVIEW.—(1) An order assessing a 

17 civil penalty against a person under subsection (a) may 

18 be reviewed only in accordance with this subsection. The 

19 order shall be final and conclusive unless the person— 

20 (A) not later than 30 days after the effective 

21 date of the order, files a petition for judicial review 

22 in the United States court of appeals for the circuit 

23 in which the person resides or has its principal place 

24 of business or in the United States Court of Appeals 

25 for the District of Columbia; and 


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1 (B) simultaneously sends a copy of the petition 

2 by certified mail to the Secretary. 

3 (2) The Secretary shall promptly file in the court a 

4 certified copy of the record on which the violation was 

5 found and the civil penalty assessed. 

6 (e) COLLECTION ACTION FOR FAILURE TO PAY AS7 SESSMENT.—If a person fails to pay a civil penalty after 

8 the order assessing the civil penalty has become final and 

9 unappealable, the Secretary shall refer the matter to the 

10 Attorney General, who shall bring a civil action to recover 

11 the amount of the civil penalty in United States district 

12 court. In the collection action, the validity and appro13 priateness of the order of the Secretary imposing the civil 

14 penalty shall not be subject to review. 

15 SEC. 111. CITIZEN SUITS. 

16 (a) IN GENERAL.—Except as provided in subsection 

17 (c), any person may commence a civil action in an appro18 priate district court of the United States against— 

19 (1) a person who has introduced a genetically 

20 engineered organism into the environment without 

21 approval under this Act; 

22 (2) the Secretary, where there is alleged a fail23 ure of the Secretary to perform any act or duty 

24 under this title that is the responsibility of the Sec25 retary and is not discretionary; or 


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1 (3) the head of another Federal agency, if there 

2 is alleged a failure of the agency head to perform 

3 any act or duty under this title that is the responsi4 bility of the agency head and is not discretionary. 

5 (b) RELIEF.—In a civil action under this section, the 

6 district court involved may, as the case may be— 

7 (1) enforce the compliance of a person with the 

8 applicable provisions referred to in the complaint; or 

9 (2) order the Secretary or the agency head to 

10 perform the act or duty referred to in the complaint. 

11 (c) LIMITATIONS.— 

12 (1) NOTICE TO SECRETARY.—A civil action may 

13 not be commenced under subsection (a)(1) before 

14 the date that is 60 days after date on which the 

15 plaintiff has provided to the Secretary notice of the 

16 violation involved. 

17 (2) RELATION TO ACTIONS OF SECRETARY.—A 

18 civil action may not be commenced under subsection 

19 (a)(1) against the Secretary if the Secretary has 

20 commenced and is diligently prosecuting a civil or 

21 criminal action in a district court of the United 

22 States to enforce compliance with the applicable pro23 visions referred to in the complaint. 


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1 (d) RIGHT OF SECRETARY TO INTERVENE.—In any 

2 civil action under subsection (a)(1), the Secretary, if not 

3 a party, may intervene as a matter of right. 

4 (e) AWARD OF COSTS; FILING OF BOND.—In a civil 

5 action under subsection (a), the district court involved 

6 may award costs of litigation (including reasonable attor7 ney and expert witness fees) to any party whenever the 

8 court determines such an award is appropriate. The court 

9 may, if a temporary restraining order or preliminary in10 junction is sought, require the filing of a bond or equiva11 lent security in accordance with the Federal Rules of Civil 

12 Procedure. 

13 (f) SAVINGS PROVISION.—This section does not re14 strict any right that a person (or class of persons) may 

15 have under any statute or common law to seek enforce16 ment of the provisions of this title, or to seek any other 

17 relief (including relief against the Secretary or the head 

18 of another Federal agency). 

19 SEC. 112. DEFINITIONS. 

20 In this Act: 

21 (1) GENETICALLY ENGINEERED ANIMAL.—The 

22 term ‘‘genetically engineered animal’’ means an ani23 mal that contains a genetically engineered material 

24 or was produced with a genetically engineered mate25 rial. An animal shall be considered to contain a geVerDate Mar 15 2010 03:46 Dec 03, 2011 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H3555.IH H3555

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1 netically engineered material or to have been pro2 duced with a genetically engineered material if the 

3 animal has been injected or otherwise treated with 

4 a genetically engineered material or is the offspring 

5 of an animal that has been so injected or treated. 

6 (2) GENETICALLY ENGINEERED PLANT.—The 

7 term ‘‘genetically engineered plant’’ means a plant 

8 that contains a genetically engineered material or 

9 was produced from a genetically engineered seed. A 

10 plant shall be considered to contain a genetically en11 gineered material if the plant has been injected or 

12 otherwise treated with a genetically engineered mate13 rial (except that the use of manure as a fertilizer for 

14 the plant may not be construed to mean that the 

15 plant is produced with a genetically engineered ma16 terial). 

17 (3) GENETICALLY ENGINEERED SEED.—The 

18 term ‘‘genetically engineered seed’’ means a seed 

19 that contains a genetically engineered material or 

20 was produced with a genetically engineered material. 

21 A seed shall be considered to contain a genetically 

22 engineered material or to have been produced with 

23 a genetically engineered material if the seed (or the 

24 plant from which the seed is derived) has been in25 jected or otherwise treated with a genetically engiVerDate Mar 15 2010 23:48 Dec 02, 2011 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H3555.IH H3555

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1 neered material (except that the use of manure as 

2 a fertilizer for the plant may not be construed to 

3 mean that any resulting seeds are produced with a 

4 genetically engineered material). 

5 (4) GENETICALLY ENGINEERED MATERIAL.— 

6 The term ‘‘genetically engineered material’’ means 

7 material that has been altered at the molecular or 

8 cellular level by means that are not possible under 

9 natural conditions or processes (including recom10 binant DNA and RNA techniques, cell fusion, micro11 encapsulation, macroencapsulation, gene deletion 

12 and doubling, introducing a foreign gene, and chang13 ing the positions of genes), other than a means con14 sisting exclusively of breeding, conjugation, fer15 mentation, hybridization, in vitro fertilization, tissue 

16 culture, or mutagenesis. 

17 (5) BIOTECH COMPANY.—The term ‘‘biotech 

18 company’’ means a person engaged in the business 

19 of creating genetically engineered material or obtain20 ing the patent rights to that material for the pur21 poses of commercial exploitation of such material. 

22 The term does not include the employees of such 

23 person. 

24 (6) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of Agriculture. 


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1 TITLE II—GENETICALLY ENGI2 NEERED ORGANISM LIABIL3 ITY 

4 SEC. 201. SHORT TITLE. 

5 This title may be cited as the ‘‘Genetically Engi6 neered Organism Liability Act of 2011’’. 

7 SEC. 202. FINDINGS. 

8 Congress finds the following: 

9 (1) The negative consequences of genetically en10 gineered crops may impact farmers who grow these 

11 crops, neighbor farmers who do not grow these 

12 crops, and consumers. 

13 (2) Biotech companies are selling a technology 

14 that is being commercialized ahead of the new and 

15 unknown science of genetic engineering. 

16 (3) Farmers may suffer from crop failures, 

17 neighbor and nearby farmers may suffer from cross 

18 pollination, increased insect resistance, and un19 wanted volunteer genetically engineered plants, and 

20 consumers may suffer from health and environ21 mental impacts. 

22 (4) Therefore, biotech companies should be 

23 found liable for the failures of genetically engineered 

24 crops when they arise. 


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1 SEC. 203. LIABILITY. 

2 (a) CAUSE OF ACTION.—A biotech company, includ3 ing a person acting in accordance with Federal, State, or 

4 local law, is liable to any party injured by the release of 

5 a genetically engineered organism into the environment if 

6 that injury results from such genetic engineering. The pre7 vailing plaintiff in an action under this subsection may 

8 recover reasonable attorney’s fees and other litigation ex9 penses as a part of the costs. 

10 (b) NOT WAIVABLE.—The liability created by sub11 section (a) may not be waived or otherwise avoided by con12 tract. 

13 (c) DEFINITION.—As used in this section, the term 

14 ‘‘biotech company’’ means a person— 

15 (1) engaged in the business of genetically engi16 neering an organism; or 

17 (2) obtaining the patent rights to such an orga18 nism for the purposes of commercial exploitation of 

19 that organism. 

Æ 


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