S.Amdt. 2257

1. Adds SEC. 12207. AGRICULTURAL PRODUCER PROTECTION ACT on page 1009, line 11

   Adds a sectionPrinted page

   Inserted: SEC. 12207. AGRICULTURAL PRODUCER PROTECTION ACT.

   Inserted: (a) Short Title.--This section may be cited as the "Farmer Protection Act".

   Inserted: (b) Definitions.--In this section:

   Inserted: (1) Agricultural producers of nongenetically engineered products.--The term "agricultural producer of nongenetically engineered products" means any agricultural producer who produces seeds, crops, plants, or products without genetically engineered products.

   Inserted: (2) Biotech company.--The term "biotech company" means a person--

   Inserted: (A) engaged in the business of genetically engineering a seed, crop, plant, product, or organism; or

   Inserted: (B) that owns the patent rights to a genetically engineered product for the purpose of commercial exploitation of that genetically engineered product.

   Inserted: (3) Contamination.--The term "contamination" means the unwanted trespass, whether through pollination or other means, of a genetically engineered product into the seed, crop, plant, or product of an agricultural producer who does not use genetically engineered products.

   Inserted: (4) Genetic engineering.--

   Inserted: (A) In general.--The term "genetic engineering" means a process that alters an organism at the molecular or cellular level by means that are not possible under natural conditions or processes.

   Inserted: (B) Inclusions.--The term "genetic engineering" includes--

   Inserted: (i) recombinant DNA and RNA techniques;

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   Inserted: (ii) cell fusion;

   Inserted: (iii) microencapsulation;

   Inserted: (iv) macroencapsulation;

   Inserted: (v) gene deletion and doubling;

   Inserted: (vi) introduction of a foreign gene; and

   Inserted: (vii) changing the position of genes.

   Inserted: (C) Exclusions.--The term "genetic engineering" does not include any modification to an organism that consists exclusively of--

   Inserted: (i) breeding;

   Inserted: (ii) conjugation;

   Inserted: (iii) fermentation;

   Inserted: (iv) hybridization;

   Inserted: (v) in vitro fertilization; or

   Inserted: (vi) tissue culture.

   Inserted: (5) Genetically engineered product.--The term "genetically engineered product" means any seed, crop, plan, product, or organism that--

   Inserted: (A) is, or is derived from, an organism that is produced through the intentional use of genetic engineering; or

   Inserted: (B) is, or is derived from, the progeny of intended sexual reproduction, asexual reproduction, or both of 1 or more organisms described in subparagraph (A).

   Inserted: (c) Liability of Agricultural Producers of Nongenetically Engineered Products.--

   Inserted: (1) In general.--No agricultural producer shall be liable to a biotech company under any provision of Federal, State, or local law, including for injury, monetary damages, or patent infringement, resulting from the contamination of the seeds, crops, products, or plants of the agricultural producer by a genetically engineered product that is created, produced, or distributed by the biotech company.

   Inserted: (2) Waiver.--The liability described in paragraph (1) shall not be waived or otherwise avoided by contract.

   Inserted: (d) Private Right of Action by Agricultural Producers of Nongenetically Engineered Products.--Any agricultural producer of nongenetically engineered products whose seeds, crops, plants, or products are contaminated by a genetically engineered product may, in a civil action in a court of competent jurisdiction, bring an action against a biotech company for monetary damages for injury to the agricultural producer caused by the genetically engineered product.

   Inserted: (e) Attorney's Fees.--The court may award a reasonable attorney's fee to the prevailing plaintiff in an action brought under subsection (d).

   Original wording

   On page 1009, after line 11, add the following:

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As printed