Senate Bill S4206A

Signed By Governor
2019-2020 Legislative Session

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

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Sponsored By

Archive: Last Bill Status Via A1104 - 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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Bill Amendments

2019-S4206 - Details

See Assembly Version of this Bill:
A1104
Law Section:
General Obligations Law
Laws Affected:
Add §9-107, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2483, A2373
2011-2012: S785, A2111
2013-2014: S4315, A5323
2015-2016: S3085, A298
2017-2018: S523, A600

2019-S4206 - 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-S4206 - Sponsor Memo

2019-S4206 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4206
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2019
                                ___________
 
 Introduced  by  Sen. METZGER -- read twice and ordered printed, and when
   printed to be committed 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



              

2019-S4206A (ACTIVE) - Details

See Assembly Version of this Bill:
A1104
Law Section:
General Obligations Law
Laws Affected:
Add §9-107, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2483, A2373
2011-2012: S785, A2111
2013-2014: S4315, A5323
2015-2016: S3085, A298
2017-2018: S523, A600

2019-S4206A (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-S4206A (ACTIVE) - Sponsor Memo

2019-S4206A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4206--A
     Cal. No. 433
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2019
                                ___________
 
 Introduced  by  Sen. METZGER -- read twice and ordered printed, and when
   printed to be committed to the  Committee  on  Judiciary  --  reported
   favorably  from  said  committee,  ordered to first and second report,
   ordered to a third reading, amended and ordered  reprinted,  retaining
   its place in 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.
                                                            LBD04406-03-9



              

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