senate Bill S4206A

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status Via A1104 - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 15, 2019 returned to assembly
passed senate
3rd reading cal.433
substituted for s4206a
May 15, 2019 substituted by a1104a
May 06, 2019 amended on third reading 4206a
Apr 29, 2019 advanced to third reading
Apr 10, 2019 2nd report cal.
Apr 09, 2019 1st report cal.433
Mar 04, 2019 referred to judiciary

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

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.

S4206 - Sponsor Memo

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

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

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.

S4206A (ACTIVE) - Sponsor Memo

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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