I 

111TH CONGRESS 

2D SESSION H. R. 5579 

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 

JUNE 23, 2010 

Mr. KUCINICH (for himself, Mr. DEFAZIO, Mr. FRANK of Massachusetts, Mr. 

GRIJALVA, Mr. STARK, and Ms. WOOLSEY) 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. Definitions. 

Sec. 103. Information requirements regarding sale of genetically engineered 

seeds, plants, and animals. 

Sec. 104. Contract limitations regarding sale of genetically engineered seeds, 

plants, and animals. 

Sec. 105. Prevention of noncompetitive practices involving technology fees. 

Sec. 106. Measures to avoid cross pollination involving genetically engineered 

seeds or plants. 

Sec. 107. Resistance of agricultural pests to certain naturally occurring pesticide; amendment to Federal insecticide, fungicide, and 

Rodenticide Act. 

Sec. 108. Prohibition on labeling certain seeds as non-genetically engineered. 

Sec. 109. Prohibition on certain non-fertile plant seeds. 

Sec. 110. Prohibition on loan discrimination. 

Sec. 111. Civil penalties for violation. 

Sec. 112. Citizen suits. 

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 at the same 

4 time as the average farmer’s profits and viability 

5 have significantly declined. 

6 (2) Policies promoted by biotech corporations, 

7 such as patenting of seeds, depriving farmers the 

8 right to save seed, unreasonable seed contracts, and 

9 intrusion into everyday farm operations, have sys10 tematically acted to remove basic farmer rights en11 joyed since the beginning of agriculture and essen12 tial for agricultural sustainability and the survival of 

13 family farms. 

14 (3) The introduction of genetically engineered 

15 crops has also created obstacles for farmers, includ16 ing the loss of markets and increased liability con17 cerns. 

18 (4) To mitigate the abuses upon farmers, a 

19 clear set of farmer rights must be established. 

20 SEC. 102. DEFINITIONS. 

21 In this title: 

22 (1) GENETICALLY ENGINEERED ANIMAL.—The 

23 term ‘‘genetically engineered animal’’ means an ani24 mal that contains a genetically engineered material 

25 or was produced with a genetically engineered mateVerDate Mar 15 2010 02:54 Jun 24, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5579.IH H5579

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1 rial. An animal shall be considered to contain a ge2 netically engineered material or to have been pro3 duced with a genetically engineered material if the 

4 animal has been injected or otherwise treated with 

5 a genetically engineered material or is the offspring 

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

7 (2) GENETICALLY ENGINEERED PLANT.—The 

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

9 that contains a genetically engineered material or 

10 was produced from a genetically engineered seed. A 

11 plant shall be considered to contain a genetically en12 gineered material if the plant has been injected or 

13 otherwise treated with a genetically engineered mate14 rial (except that the use of manure as a fertilizer for 

15 the plant may not be construed to mean that the 

16 plant is produced with a genetically engineered ma17 terial). 

18 (3) GENETICALLY ENGINEERED SEED.—The 

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

20 that contains a genetically engineered material or 

21 was produced with a genetically engineered material. 

22 A seed shall be considered to contain a genetically 

23 engineered material or to have been produced with 

24 a genetically engineered material if the seed (or the 

25 plant from which the seed is derived) has been inVerDate Mar 15 2010 02:54 Jun 24, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5579.IH H5579

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1 jected or otherwise treated with a genetically engi2 neered material (except that the use of manure as 

3 a fertilizer for the plant may not be construed to 

4 mean that any resulting seeds are produced with a 

5 genetically engineered material). 

6 (4) GENETICALLY ENGINEERED MATERIAL.— 

7 The term ‘‘genetically engineered material’’ means 

8 material that has been altered at the molecular or 

9 cellular level by means that are not possible under 

10 natural conditions or processes (including recom11 binant DNA and RNA techniques, cell fusion, micro12 encapsulation, macroencapsulation, gene deletion 

13 and doubling, introducing a foreign gene, and chang14 ing the positions of genes), other than a means con15 sisting exclusively of breeding, conjugation, fer16 mentation, hybridization, in vitro fertilization, tissue 

17 culture, or mutagenesis. 

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

19 company’’ means a person engaged in the business 

20 of creating genetically engineered material or obtain21 ing the patent rights to that material for the pur22 poses of commercial exploitation of that material. 

23 The term does not include the employees of such 

24 person. 


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

2 the Secretary of Agriculture. 

3 SEC. 103. 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 the 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 the 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 on 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. 104. 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 genetically engi19 neered plants or genetically engineered seeds, a pro20 vision 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 purchaser’s 

10 property. 

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 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 itself, plus interest. 

19 (8) A provision that imposes any unfair condi20 tion upon the purchaser, as determined by the Sec21 retary or a court. 

22 SEC. 105. PREVENTION OF NONCOMPETITIVE PRACTICES 

23 INVOLVING TECHNOLOGY FEES. 

24 (a) DISCLOSURE OF TECHNOLOGY FEES.—Any 

25 biotech company that sells a genetically engineered aniVerDate Mar 15 2010 02:54 Jun 24, 2010 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5579.IH H5579

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1 mal, genetically engineered plant, or genetically engi2 neered seed for use in agricultural production in the 

3 United States shall notify the Secretary, at such times and 

4 in such manner as the Secretary shall require, of— 

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

6 nonproduction, royalty, or similar fees collected by 

7 the biotech company in each country where that ge8 netically engineered animal, plant, or seed is mar9 keted, and 

10 (2) in the case of genetically engineered plants 

11 or genetically engineered seeds, the prices charged 

12 by the biotech company for herbicides associated 

13 with that genetically engineered seed or plant. 

14 (b) PROHIBITION ON NONCOMPETITIVE PRAC15 TICES.—A biotech company that sells a genetically engi16 neered animal, genetically engineered plant, or genetically 

17 engineered seed for use in agricultural production in the 

18 United States may not charge higher technology, non19 production, royalty, or similar fees for sales of the geneti20 cally engineered animal, plant, or seed in the United 

21 States than in other countries in which the genetically en22 gineered animal, plant, or seed is sold. 

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

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


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1 months in an electronic format and in the Federal Reg2 ister. 

3 SEC. 106. MEASURES TO AVOID CROSS POLLINATION IN4 VOLVING GENETICALLY ENGINEERED SEEDS 

5 OR PLANTS. 

6 (a) DESIGNATION OF PREDOMINATELY OUTCROSSED

7 POLLINATORS.—The Secretary shall determine which 

8 plants are predominately outcrossed pollinators and make 

9 such information available to persons who sell or purchase 

10 such plants or the seeds of such plants for use in agricul11 tural production. 

12 (b) MINIMIZING THE NEGATIVE EFFECTS OF PRE13 DOMINATELY OUTCROSSED POLLINATORS.—The Sec14 retary shall issue rules to require effective mitigation 

15 strategies for any crop that is a predominately outcrossed 

16 pollinator. 

17 (c) PROVIDING INSTRUCTIONS TO AVOID CROSS

18 POLLINATION.—The seller of any genetically engineered 

19 plant or genetically engineered seed that has been identi20 fied as a predominately outcrossed pollinator shall provide 

21 written instructions to each purchaser of the plants or 

22 seeds regarding how to plant and cultivate the plants or 

23 seeds so as to avoid cross contamination. 


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1 SEC. 107. RESISTANCE OF AGRICULTURAL PESTS TO CER2 TAIN NATURALLY OCCURRING PESTICIDE; 

3 AMENDMENT TO FEDERAL INSECTICIDE, 

4 FUNGICIDE, AND RODENTICIDE ACT. 

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

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

7 adding at the end the following subsection: 

8 ‘‘(11) BT RESISTANCE REGARDING PLANT-IN9 CORPORATED PESTICIDES.— 

10 ‘‘(A) Not later than six months after the 

11 date of enactment of this paragraph, the Ad12 ministrator, in consultation with the advisory 

13 panel established under subparagraph (D), shall 

14 establish the best achievable resistance plan for 

15 plant-incorporated pesticides engineered to in16 clude toxins derived from the bacterium Bacil17 lus thuringiensis (which bacterium is referred to 

18 in this paragraph as ‘Bt’). 

19 ‘‘(B) Once the best achievable resistance 

20 plan is established under subparagraph (A), the 

21 Administrator shall revoke all Bt registrations 

22 that are not in compliance with the plan and 

23 may not issue new registrations unless the ap24 plicant has achieved the plan. 

25 ‘‘(C) If pursuant to subparagraph (A) the 

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1 porated Bt pesticides may have an unreasonable 

2 adverse effect on the environment by facilitating 

3 the development of Bt-toxin resistance in pests, 

4 or that the review has been inconclusive on 

5 whether the pesticide facilitates such resistance, 

6 the Administrator shall take such actions under 

7 this Act as may be necessary to significantly re8 duce the extent to which such pesticides are 

9 used. 

10 ‘‘(D) Before establishing the best achiev11 able resistance plan under subparagraph (A), 

12 the Administrator shall, in accordance with pro13 cedures under section 25(d), establish an advi14 sory panel to provide advice to the Adminis15 trator on scientific matters involved in the re16 view. 

17 ‘‘(E) For purposes of this paragraph, the 

18 term ‘plant-incorporated Bt pesticide’ means a 

19 plant-incorporated pesticide described in sub20 paragraph (A).’’. 

21 SEC. 108. PROHIBITION ON LABELING CERTAIN SEEDS AS 

22 NON-GENETICALLY ENGINEERED. 

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

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1 taining genetically engineered material if the Secretary 

2 finds that any sample of the seeds contains genetically en3 gineered material. 

4 SEC. 109. PROHIBITION ON CERTAIN NON-FERTILE PLANT 

5 SEEDS. 

6 Notwithstanding any other provision of law, effective 

7 45 days after the date of the enactment of this title, a 

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

9 otherwise use any seed that is genetically engineered to 

10 produce a plant whose seeds are not fertile or are rendered 

11 infertile by the application of an external chemical inducer. 

12 SEC. 110. PROHIBITION ON LOAN DISCRIMINATION. 

13 A financial institution may not discriminate against 

14 an agricultural producer that refuses to use genetically en15 gineered plants or animals or add as condition to a loan 

16 the requirement that the producer use genetically engi17 neered plants or animals. 

18 SEC. 111. CIVIL PENALTIES FOR VIOLATION. 

19 (a) AUTHORITY TO ASSESS PENALTIES.—The Sec20 retary may assess, by written order, a civil penalty against 

21 a biotech company or other person that violates a provi22 sion of this title, including a regulation promulgated or 

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

24 during which a violation continues, shall be a separate of25 fense. 


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1 (b) AMOUNT AND FACTORS IN ASSESSING PEN2 ALTIES.—The maximum amount that may be assessed 

3 under this section for a violation may not exceed 

4 $100,000. In determining the amount of the civil penalty, 

5 the Secretary shall take into account— 

6 (1) the gravity of the violation; 

7 (2) the degree of culpability; 

8 (3) the size and type of the business; and 

9 (4) any history of prior offenses under this title 

10 or other laws administered by the Secretary. 

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

12 Secretary shall not assess a civil penalty under this section 

13 against a biotech company or other person unless the com14 pany is given notice and opportunity for a hearing on the 

15 record before the Secretary in accordance with sections 

16 554 and 556 of title 5, United States Code. 

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

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

19 be reviewed only in accordance with this subsection. The 

20 order shall be final and conclusive unless the person— 

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

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

23 in the United States court of appeals for the circuit 

24 in which the person resides or has its principal place 


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1 of business or in the United States Court of Appeals 

2 for the District of Columbia; and 

3 (B) simultaneously sends a copy of the petition 

4 by certified mail to the Secretary. 

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

6 certified copy of the record on which the violation was 

7 found and the civil penalty assessed. 

8 (e) COLLECTION ACTION FOR FAILURE TO PAY AS9 SESSMENT.—If a person fails to pay a civil penalty after 

10 the order assessing the civil penalty has become final and 

11 unappealable, the Secretary shall refer the matter to the 

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

13 the amount of the civil penalty in United States district 

14 court. In the collection action, the validity and appro15 priateness of the order of the Secretary imposing the civil 

16 penalty shall not be subject to review. 

17 SEC. 112. CITIZEN SUITS. 

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

19 (c), any person may commence a civil action in an appro20 priate district court of the United States against— 

21 (1) a person who has introduced a genetically 

22 engineered organism into the environment without 

23 approval under this title; 

24 (2) the Secretary, where there is alleged a fail25 ure of the Secretary to perform any act or duty 


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1 under this title that is the responsibility of the Sec2 retary and is not discretionary; or 

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

4 is alleged a failure of the agency head to perform 

5 any act or duty under this title that is the responsi6 bility of the agency head and is not discretionary. 

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

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

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

10 applicable provisions referred to in the complaint; or 

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

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

13 (c) LIMITATIONS.— 

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

15 not be commenced under subsection (a)(1) prior to 

16 60 days after the plaintiff has provided to the Sec17 retary notice of the violation involved. 

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

19 civil action may not be commenced under subsection 

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

21 commenced and is diligently prosecuting a civil or 

22 criminal action in a district court of the United 

23 States to enforce compliance with the applicable pro24 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 TITLE II—GENETICALLY ENGI20 NEERED ORGANISM LIABIL21 ITY 

22 SEC. 201. SHORT TITLE. 

23 This title may be cited as the ‘‘Genetically Engi24 neered Organism Liability Act of 2010’’. 


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1 SEC. 202. FINDINGS. 

2 The Congress finds the following: 

3 (1) The negative consequences of genetically en4 gineered crops may impact farmers who grow these 

5 crops, neighbor farmers who do not grow these 

6 crops, and consumers. 

7 (2) Biotech companies are selling a technology 

8 that is being commercialized ahead of the new and 

9 unknown science of genetic engineering. 

10 (3) Farmers may suffer from crop failures, 

11 neighbor and nearby farmers may suffer from cross 

12 pollination, increased insect resistance, and un13 wanted volunteer genetically engineered plants, and 

14 consumers may suffer from health and environ15 mental impacts. 

16 (4) Therefore, biotech companies should be 

17 found liable for the failures of genetically engineered 

18 crops when they arise. 

19 SEC. 203. LIABILITY. 

20 (a) CAUSE OF ACTION.—A biotech company is liable 

21 to any party injured by the release of a genetically engi22 neered organism into the environment if that injury re23 sults from that genetic engineering. The prevailing plain24 tiff in an action under this subsection may recover reason25 able attorney’s fees and other litigation expenses as a part 

26 of the costs. 


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1 (b) INDEMNITY.—For the purposes of subsection (a), 

2 the term ‘‘injury’’ includes any liability of a person who 

3 uses that organism in accordance with applicable Federal 

4 and other law, if that liability arises from that use. 

5 (c) NOT WAIVABLE.—The liability created by sub6 section (a) may not be waived or otherwise avoided by con7 tract. 

8 (d) DEFINITION.—As used in this section, the term 

9 ‘‘biotech company’’ means a person— 

10 (1) engaged in the business of genetically engi11 neering an organism; or 

12 (2) obtaining the patent rights to such an orga13 nism for the purposes of commercial exploitation of 

14 that organism. 

Æ 


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