Assembly Bill A1104A

Signed By Governor
2019-2020 Legislative Session

Establishes an affirmative defense for damages for any claim relating to genetically engineered organisms

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Votes

Bill Amendments

co-Sponsors

2019-A1104 - Details

See Senate Version of this Bill:
S4206
Law Section:
General Obligations Law
Laws Affected:
Add §9-107, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2373, S2483
2011-2012: A2111, S785
2013-2014: A5323, S4315
2015-2016: A298, S3085
2017-2018: A600, S523

2019-A1104 - Summary

Establishes an affirmative defense for causes of actions related to damages for any claim on grounds that a party possessed or used seeds or plants that contained genetically engineered or genetically modified organisms without entering into an agreement or paying fees to the manufacturer or licensed distributor of such products.

2019-A1104 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1104
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced by M. of A. ABINANTI, WEPRIN -- read once and referred to the
   Committee on Judiciary
 
 AN  ACT to amend the general obligations law, in relation to genetically
   modified organisms
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  general  obligations  law is amended by adding a new
 section 9-107 to read as follows:
   § 9-107. GENETICALLY ENGINEERED  OR  GENETICALLY  MODIFIED  ORGANISMS;
 AFFIRMATIVE  DEFENSE. ANY PARTY WHO IS SUED FOR DAMAGES FOR VIOLATION OF
 A PATENT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY RIGHTS ON THE GROUND
 THAT THE PARTY POSSESSED OR USED SEEDS OR PLANTS THAT  CONTAINED  GENET-
 ICALLY  ENGINEERED  OR  GENETICALLY  MODIFIED ORGANISMS WITHOUT ENTERING
 INTO AN AGREEMENT  OR  PAYING  FEES  TO  THE  MANUFACTURER  OR  LICENSED
 DISTRIBUTOR  OF  SUCH  GENETICALLY  ENGINEERED  OR  GENETICALLY MODIFIED
 ORGANISMS SHALL HAVE AN AFFIRMATIVE DEFENSE AGAINST ANY LIABILITY IF THE
 PARTY SHALL SHOW THAT HE OR SHE  DID  NOT  KNOWINGLY  AND  INTENTIONALLY
 INTRODUCE  THE  GENETICALLY ENGINEERED OR GENETICALLY MODIFIED ORGANISMS
 INTO HIS OR HER PLANTS OR SEEDS OR ONTO HIS OR HER PROPERTY  AND  HE  OR
 SHE  DID  NOT  KNOWINGLY GAIN FROM THE DISTINCTIVE TRAITS DUE TO GENETIC
 MODIFICATION OR GENETIC ENGINEERING.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04406-01-9

co-Sponsors

2019-A1104A (ACTIVE) - Details

See Senate Version of this Bill:
S4206
Law Section:
General Obligations Law
Laws Affected:
Add §9-107, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2373, S2483
2011-2012: A2111, S785
2013-2014: A5323, S4315
2015-2016: A298, S3085
2017-2018: A600, S523

2019-A1104A (ACTIVE) - Summary

Establishes an affirmative defense for causes of actions related to damages for any claim on grounds that a party possessed or used seeds or plants that contained genetically engineered or genetically modified organisms without entering into an agreement or paying fees to the manufacturer or licensed distributor of such products.

2019-A1104A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1104--A
                                                          Cal. No. 22
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced by M. of A. ABINANTI, WEPRIN -- read once and referred to the
   Committee  on  Judiciary  --  advanced  to  a third reading, passed by
   Assembly and delivered to the Senate, recalled from the  Senate,  vote
   reconsidered,  bill amended, ordered reprinted, retaining its place on
   the order of third reading
 
 AN ACT to amend the general obligations law, in relation to  genetically
   modified organisms
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general obligations law is  amended  by  adding  a  new
 section 9-107 to read as follows:
   §  9-107.  GENETICALLY  ENGINEERED  OR GENETICALLY MODIFIED ORGANISMS;
 AFFIRMATIVE DEFENSE. ANY PARTY WHO IS SUED FOR DAMAGES FOR ANY CLAIM  ON
 THE  GROUND  THAT  THE  PARTY  POSSESSED  OR  USED  SEEDS OR PLANTS THAT
 CONTAINED GENETICALLY ENGINEERED OR GENETICALLY MODIFIED ORGANISMS WITH-
 OUT ENTERING INTO AN AGREEMENT OR PAYING FEES  TO  THE  MANUFACTURER  OR
 LICENSED DISTRIBUTOR OF SUCH GENETICALLY ENGINEERED OR GENETICALLY MODI-
 FIED  ORGANISMS  SHALL HAVE AN AFFIRMATIVE DEFENSE AGAINST ANY LIABILITY
 IF THE PARTY SHALL SHOW THAT HE OR SHE  DID  NOT  KNOWINGLY  AND  INTEN-
 TIONALLY  INTRODUCE  THE  GENETICALLY ENGINEERED OR GENETICALLY MODIFIED
 ORGANISMS INTO HIS OR HER PLANTS OR SEEDS OR ONTO HIS  OR  HER  PROPERTY
 AND  HE OR SHE DID NOT KNOWINGLY GAIN FROM THE DISTINCTIVE TRAITS DUE TO
 GENETIC MODIFICATION OR GENETIC ENGINEERING.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04406-02-9

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