I 
110TH CONGRESS 
2D SESSION 
H. R. 6637 
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 
JULY 29, 2008 
Mr. KUCINICH (for himself, Mr. SHAYS, Ms. SCHAKOWSKY, Mr. GRIJALVA, 
Ms. LEE, Ms. LINDA T. SA´NCHEZ of California, Mr. DEFAZIO, Mr. 
MCDERMOTT, Mr. STARK, and Mr. HINCHEY) introduced the following 
bill; which was referred to the Committee on Agriculture, and in addition 
to the Committees on Energy and Commerce and Judiciary, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation 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 engi-
neered seeds, plants, or animals, to ensure fairness for 
farmers and ranchers in their dealings with biotech com-
panies that sell genetically engineered seeds, plants, or 
animals, to assign liability for injury caused by geneti-
cally engineered organisms, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Genetically Engineered Technology Farmer Protection 
Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
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 pes-
ticide; 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. 
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TITLE 
I—GENETICALLY 
ENGI-
NEERED CROP AND ANIMAL 
FARMER PROTECTION 
SEC. 101. SHORT TITLE; FINDINGS. 
(a) SHORT TITLE.—This title may be cited as the 
‘‘Genetically Engineered Crop and Animal Farmer Protec-
tion Act’’. 
(b) 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. 
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(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. 
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(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. 103. 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 
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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. 104. CONTRACT LIMITATIONS REGARDING SALE OF 
GENETICALLY 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: 
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(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. 
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(8) A provision that imposes any unfair condi-
tion upon the purchaser, as determined by the Sec-
retary or a court. 
SEC. 105. PREVENTION OF NONCOMPETITIVE PRACTICES 
INVOLVING 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-
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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. 106. MEASURES TO AVOID CROSS POLLINATION IN-
VOLVING 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 
POLLINATION.—The seller of any genetically engineered 
plant or genetically engineered seed that has been identi-
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fied as a predominately outcrossed pollinator shall provide 
written instructions to each purchaser of the plants or 
seeds regarding how to plant and cultivate the plants or 
seeds so as to avoid cross contamination. 
SEC. 107. 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 
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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-
trator on scientific matters involved in the re-
view. 
‘‘(E) For purposes of this paragraph, the 
term ‘plant-incorporated Bt pesticide’ means a 
plant-incorporated pesticide described in sub-
paragraph (A).’’. 
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SEC. 108. PROHIBITION ON LABELING CERTAIN SEEDS AS 
NON-GENETICALLY ENGINEERED. 
A seed company or other person may not sell, or offer 
for sale, seeds for planting that are labeled as non-geneti-
cally engineered or otherwise represented as not con-
taining genetically engineered material if the Secretary 
finds that any sample of the seeds contains genetically en-
gineered material. 
SEC. 109. PROHIBITION ON CERTAIN NON-FERTILE PLANT 
SEEDS. 
Notwithstanding any other provision of law, effective 
45 days after the date of the enactment of this title, a 
person may not manufacture, distribute, sell, plant, or 
otherwise use any seed that is genetically engineered to 
produce a plant whose seeds are not fertile or are rendered 
infertile by the application of an external chemical inducer. 
SEC. 110. PROHIBITION ON LOAN DISCRIMINATION. 
A financial institution may not discriminate against 
an agricultural producer that refuses to use genetically en-
gineered plants or animals or add as condition to a loan 
the requirement that the producer use genetically engi-
neered plants or animals. 
SEC. 111. CIVIL PENALTIES FOR VIOLATION. 
(a) AUTHORITY TO ASSESS PENALTIES.—The Sec-
retary may assess, by written order, a civil penalty against 
a biotech company or other person that violates a provi-
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sion of this title, including a regulation promulgated or 
order issued under this title. Each violation, and each day 
during which a violation continues, shall be a separate of-
fense. 
(b) AMOUNT
AND FACTORS
IN ASSESSING PEN-
ALTIES.—The maximum amount that may be assessed 
under this section for a violation may not exceed 
$100,000. In determining the amount of the civil penalty, 
the Secretary shall take into account— 
(1) the gravity of the violation; 
(2) the degree of culpability; 
(3) the size and type of the business; and 
(4) any history of prior offenses under this title 
or other laws administered by the Secretary. 
(c) NOTICE AND OPPORTUNITY FOR HEARING.—The 
Secretary shall not assess a civil penalty under this section 
against a biotech company or other person unless the com-
pany is given notice and opportunity for a hearing on the 
record before the Secretary in accordance with sections 
554 and 556 of title 5, United States Code. 
(d) JUDICIAL REVIEW.—(1) An order assessing a 
civil penalty against a person under subsection (a) may 
be reviewed only in accordance with this subsection. The 
order shall be final and conclusive unless the person— 
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(A) not later than 30 days after the effective 
date of the order, files a petition for judicial review 
in the United States court of appeals for the circuit 
in which the person resides or has its principal place 
of business or in the United States Court of Appeals 
for the District of Columbia; and 
(B) simultaneously sends a copy of the petition 
by certified mail to the Secretary. 
(2) The Secretary shall promptly file in the court a 
certified copy of the record on which the violation was 
found and the civil penalty assessed. 
(e) COLLECTION ACTION FOR FAILURE TO PAY AS-
SESSMENT.—If a person fails to pay a civil penalty after 
the order assessing the civil penalty has become final and 
unappealable, the Secretary shall refer the matter to the 
Attorney General, who shall bring a civil action to recover 
the amount of the civil penalty in United States district 
court. In the collection action, the validity and appro-
priateness of the order of the Secretary imposing the civil 
penalty shall not be subject to review. 
SEC. 112. CITIZEN SUITS. 
(a) IN GENERAL.—Except as provided in subsection 
(c), any person may commence a civil action in an appro-
priate district court of the United States against— 
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