HB 1388 – AS INTRODUCED

2010 SESSION

10-2519

08/03

HOUSE BILL 1388

AN ACT establishing a cause of action for farmers sustaining damage from the use of genetically modified seeds or plants.

SPONSORS: Rep. Wiley, Carr 3; Rep. Mulholland, Graf 10; Rep. Townsend, Graf 10; Rep. S. Smith, Graf 7

COMMITTEE: Environment and Agriculture

ANALYSIS

This bill defines “genetically modified seed or organism.”

This bill also establishes a cause of action for farmers sustaining damage from the use of mislabeled or genetically modified seeds or organisms.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2519

08/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT establishing a cause of action for farmers sustaining damage from the use of genetically modified seeds or plants.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph; Genetically Modified Seeds and Organisms; Definition. Amend RSA 433:1 by inserting after paragraph X the following new paragraph:

X-a. “Genetically modified seed or organism” means any living organism that possesses a novel combination of genetic material obtained through the use of modern biotechnology including the application of in vitro nucleic acid techniques, including recombinant deoxyribonucleic acid (DNA) and direct injection of nucleic acid into cells or organelles, or fusion of cells beyond the taxonomic family, that overcome natural physiological reproductive or recombination barriers and that are not techniques used in traditional breeding and selection.

2 New Section; Private Action. Amend RSA 433 by inserting after section 9-b the following new section:

433:9-c Private Action.

I. Misrepresenting or omitting material information regarding the genetic characteristics, the safety, the adverse effects, or the directions for use of seed or plant parts in the label or accompanying documents shall be an unfair or deceptive act as defined in RSA 358-A:2.

II. Any famer or gardener who sustains damage or injury resulting from any person’s use of seed or plant parts in reliance upon a misrepresentation or omission described in paragraph I may sue any person responsible for the misrepresentation or omission and recover damages including consequential damages for economic injury and attorney’s fees.

III. Any farmer or gardener whose seed or crop becomes commingled, admixed or otherwise adulterated by any means with a genetically modified seed or organism may sue any person whose actions contributed to the damages and recover consequential damages for economic injury and attorney’s fees.

3 Effective Date. This act shall take effect July 1, 2010.