SECTION 1. SHORT TITLE; TABLE OF CONTENTS; FINDINGS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Genetically Engineered Crop and Animal Farmer Protec-
tion Act of 2002’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents; findings.
Sec. 2. Definitions.
Sec. 3. Information requirements regarding sale of genetically engineered seeds,
plants, and animals.
Sec. 4. Contract limitations regarding sale of genetically engineered seeds,
plants, and animals.
Sec. 5. Prevention of noncompetitive practices involving technology fees.
Sec. 6. Measures to avoid cross pollination involving genetically engineered
seeds or plants.
Sec. 7. Resistance of agricultural pests to certain naturally occurring pesticide;
amendment to Federal Insecticide, Fungicide, and Rodenticide
Act.
Sec. 8. Prohibition on labeling certain seeds as non-genetically engineered.
Sec. 9. Prohibition on certain non-fertile plant seeds.
Sec. 10. Prohibition on loan discrimination.
Sec. 11. Civil penalties for violation.
Sec. 12. Citizen suits.
(c) FINDINGS.—Congress finds the following:
(1) Agribusiness and biotechnology companies
have rapidly consolidated market power at the same
time as the average farmer’s profits and viability
have significantly declined.
(2) Policies promoted by biotech corporations,
such as patenting of seeds, depriving farmers the
right to save seed, unreasonable seed contracts, and
intrusion into everyday farm operations, have sys-
tematically acted to remove basic farmer rights en-
joyed since the beginning of agriculture and essen-
tial for agricultural sustainability and the survival of
family farms.
(3) The introduction of genetically engineered
crops has also created obstacles for farmers, includ-
ing the loss of markets and increased liability con-
cerns.
(4) To mitigate the abuses upon farmers, a
clear set of farmer rights must be established.
SEC. 2. DEFINITIONS.
In this Act:
(1) GENETICALLY ENGINEERED ANIMAL.—The
term ‘‘genetically engineered animal’’ means an ani-
mal that contains a genetically engineered material
or was produced with a genetically engineered mate-
rial. An animal shall be considered to contain a ge-
netically engineered material or to have been pro-
duced with a genetically engineered material if the
animal has been injected or otherwise treated with
a genetically engineered material or is the offspring
of an animal that has been so injected or treated.
(2) GENETICALLY
ENGINEERED
PLANT.—The
term ‘‘genetically engineered plant’’ means a plant
that contains a genetically engineered material or
was produced from a genetically engineered seed. A
plant shall be considered to contain a genetically en-
gineered material if the plant has been injected or
otherwise treated with a genetically engineered mate-
rial (except that the use of manure as a fertilizer for
the plant may not be construed to mean that the
plant is produced with a genetically engineered ma-
terial).
(3) GENETICALLY
ENGINEERED
SEED.—The
term ‘‘genetically engineered seed’’ means a seed
that contains a genetically engineered material or
was produced with a genetically engineered material.
A seed shall be considered to contain a genetically
engineered material or to have been produced with
a genetically engineered material if the seed (or the
plant from which the seed is derived) has been in-
jected or otherwise treated with a genetically engi-
neered material (except that the use of manure as
a fertilizer for the plant may not be construed to
mean that any resulting seeds are produced with a
genetically engineered material).
(4) GENETICALLY
ENGINEERED
MATERIAL.—
The term ‘‘genetically engineered material’’ means
material that has been altered at the molecular or
cellular level by means that are not possible under
natural conditions or processes (including recom-
binant DNA and RNA techniques, cell fusion, micro-
encapsulation, macroencapsulation, gene deletion
and doubling, introducing a foreign gene, and chang-
ing the positions of genes), other than a means con-
sisting exclusively of breeding, conjugation, fer-
mentation, hybridization, in vitro fertilization, tissue
culture, or mutagenesis.
(5) BIOTECH
COMPANY.—The term ‘‘biotech
company’’ means a person engaged in the business
of creating genetically engineered material or obtain-
ing the patent rights to that material for the pur-
poses of commercial exploitation of that material.
The term does not include the employees of such
person.
(6) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
SEC. 3. INFORMATION REQUIREMENTS REGARDING SALE
OF 
GENETICALLY 
ENGINEERED 
SEEDS,
PLANTS, AND ANIMALS.
(a) FULL DISCLOSURE OF RISKS OF USE.—A biotech
company that sells any genetically engineered animal, ge-
netically engineered plant, or genetically engineered seed
that the biotech company knows, or has reason to believe,
will be used by the purchaser in the United States to
produce an agricultural commodity shall provide written
notice to the purchaser that fully and clearly discloses the
possible legal and environmental risks that the use of the
genetically engineered animal, genetically engineered
plant, or genetically engineered seed may pose to the pur-
chaser.
(b) EFFECT OF DISCLOSURE.—The provision of writ-
ten notice under subsection (a) regarding the risks of
using a genetically engineered animal, genetically engi-
neered plant, or genetically engineered seed does not re-
lieve the biotech company from any liability that may re-
sult from the release of genetically engineered material
into the environment. The receipt of the written notice by
the purchaser shall not be construed to create any liability
on the purchaser.
(c) RULEMAKING.—The Secretary shall issue such
rules as may be necessary to implement and enforce this
section.
SEC. 4. CONTRACT LIMITATIONS REGARDING SALE OF GE-
NETICALLY ENGINEERED SEEDS, PLANTS,
AND ANIMALS.
(a) CERTAIN CONTRACT TERMS AND LIMITATIONS
UNENFORCEABLE.—If a contract for the sale of a geneti-
cally engineered animal, genetically engineered plant, or
genetically engineered seed to a purchaser for use in agri-
cultural production contains a provision described in sub-
section (b), the provision is hereby declared to be against
public policy and therefore void and unenforceable as a
matter of law.
(b) PROHIBITED TERMS
AND LIMITATIONS.—The
provisions referred to in subsection (a) are any of the fol-
lowing:
(1) In the case of a sale of genetically engi-
neered plants or genetically engineered seeds, a pro-
vision that prohibits the purchaser from retaining a
portion of the harvested crop for future crop plant-
ing by the purchaser or that charges a fee to retain
a portion of the harvested crop for future crop
planting.
(2) A provision that limits the ability of the
purchaser to recover damages from the biotech com-
pany for a genetically engineered animal, genetically
engineered plant, or genetically engineered seed that
does not perform as advertised.
(3) A provision that shifts any liability from the
biotech company to the purchaser.
(4) A provision that requires the purchaser to
grant agents of the seller access to the purchaser’s
property.
(5) A provision that mandates arbitration of
any disputes between the biotech company and the
purchaser.
(6) A provision that mandates any court of ju-
risdiction for settlement of disputes.
(7) A provision that mandates that the pur-
chaser pay liquidated damages of more than a tech-
nology fee or similar fee itself, plus interest.
(8) A provision that imposes any unfair condi-
tion upon the purchaser, as determined by the Sec-
retary or a court.
SEC. 5. PREVENTION OF NONCOMPETITIVE PRACTICES IN-
VOLVING TECHNOLOGY FEES.
(a) DISCLOSURE
OF
TECHNOLOGY
FEES.—Any
biotech company that sells a genetically engineered ani-
mal, genetically engineered plant, or genetically engi-
neered seed for use in agricultural production in the
United States shall notify the Secretary, at such times and
in such manner as the Secretary shall require, of—
(1) the nature and amount of any technology,
nonproduction, royalty, or similar fees collected by
the biotech company in each country where that ge-
netically engineered animal, plant, or seed is mar-
keted, and
(2) in the case of genetically engineered plants
or genetically engineered seeds, the prices charged
by the biotech company for herbicides associated
with that genetically engineered seed or plant.
(b) PROHIBITION
ON
NONCOMPETITIVE
PRAC-
TICES.—A biotech company that sells a genetically engi-
neered animal, genetically engineered plant, or genetically
engineered seed for use in agricultural production in the
United States may not charge higher technology, non-
production, royalty, or similar fees for sales of the geneti-
cally engineered animal, plant, or seed in the United
States than in other countries in which the genetically en-
gineered animal, plant, or seed is sold.
(c) PUBLICATION
OF DATA.—The Secretary shall
publish all data received under subsection (a)(1) every six
months in an electronic format and in the Federal Reg-
ister.
SEC. 6. MEASURES TO AVOID CROSS POLLINATION INVOLV-
ING GENETICALLY ENGINEERED SEEDS OR
PLANTS.
(a) DESIGNATION OF PREDOMINATELY OUTCROSSED
POLLINATORS.—The Secretary shall determine which
plants are predominately outcrossed pollinators and make
such information available to persons who sell or purchase
such plants or the seeds of such plants for use in agricul-
tural production.
(b) MINIMIZING THE NEGATIVE EFFECTS OF PRE-
DOMINATELY
OUTCROSSED
POLLINATORS.—The Sec-
retary shall issue rules to require effective mitigation
strategies for any crop that is a predominately outcrossed
pollinator.
(c) PROVIDING INSTRUCTIONS TO AVOID CROSS POL-
LINATION.—The seller of any genetically engineered plant
or genetically engineered seed that has been identified as
a predominately outcrossed pollinator shall provide written
instructions to each purchaser of the plants or seeds re-
garding how to plant and cultivate the plants or seeds so
as to avoid cross contamination.
SEC. 7. RESISTANCE OF AGRICULTURAL PESTS TO CER-
TAIN NATURALLY OCCURRING PESTICIDE;
AMENDMENT 
TO 
FEDERAL 
INSECTICIDE,
FUNGICIDE, AND RODENTICIDE ACT.
Section 3(c) of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136a(c)) is amended by
adding at the end the following subsection:
‘‘(11) BT RESISTANCE REGARDING PLANT-IN-
CORPORATED PESTICIDES.—
‘‘(A) Not later than six months after the
date of enactment of this paragraph, the Ad-
ministrator, in consultation with the advisory
panel established under subparagraph (D), shall
establish the best achievable resistance plan for
plant-incorporated pesticides engineered to in-
clude toxins derived from the bacterium Bacil-
lus thuringiensis (which bacterium is referred to
in this paragraph as ‘Bt’).
‘‘(B) Once the best achievable resistance
plan is established under subparagraph (A), the
Administrator shall revoke all Bt registrations
that are not in compliance with the plan and
may not issue new registrations unless the ap-
plicant has achieved the plan.
‘‘(C) If pursuant to subparagraph (A) the
Administrator 
determines 
that 
plant-incor-
porated Bt pesticides may have an unreasonable
adverse effect on the environment by facilitating
the development of Bt-toxin resistance in pests,
or that the review has been inconclusive on
whether the pesticide facilitates such resistance,
the Administrator shall take such actions under
this Act as may be necessary to significantly re-
duce the extent to which such pesticides are
used.
‘‘(D) Before establishing the best achiev-
able resistance plan under subparagraph (A),
the Administrator shall, in accordance with pro-
cedures under section 25(d), establish an advi-
sory panel to provide advice to the Adminis-