SECTIONS 52300-52306 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 52300-52306

52300. For purposes of this article only, the following definitions
apply:
(a) "Farmer" means the person responsible for planting a crop,
managing the crop, and harvesting the crop from land on which a
breach of contract or patent infringement is alleged to have
occurred.
(b) "Genetically engineered plant" means a plant or any plant part
or material, including, but not limited to, seeds and pollen, in
which the genetic material has been changed through modern
biotechnology in a way that does not occur naturally by
multiplication or natural recombination.
(c) "Modern biotechnology" means the application of either of the
following:
(1) In vitro nucleic acid techniques, including recombinant
deoxyribonucleic acid (DNA) and direct injection of nucleic acid into
cells or organelles.
(2) Fusion of cells beyond the taxonomic family that overcome
natural physiological reproductive or recombinant barriers and that
are not techniques used in traditional breeding and selection.

52301. (a) Before a person or his or her agent holding a patent on
a genetically engineered plant, may enter upon any land farmed by
another for the purpose of obtaining crop samples to determine
whether breach of contract or patent infringement has occurred, the
person holding the patent or his or her agent shall do all of the
following:
(1) Notify the farmer in writing of the allegation that breach of
contract or patent infringement has occurred and request permission
to enter upon the farmer's land.
(2) Provide a copy of that notification to the secretary.
(3) Obtain the written permission of the farmer.
(4) Provide notice to the farmer of the following procedures which
shall be applicable as provided:
(A) If the farmer withholds permission, the person holding a
patent may petition the superior court in the county in which the
alleged breach of contract or patent infringement has occurred for an
order granting permission to enter upon the farmer's land.
(B) If the person holding a patent believes that the crop from
which samples are to be taken may be subject to intentional damage or
destruction, the person may seek a protective order from the
superior court. The protective order shall be crafted to minimize
interruption or interference with normal farming practices, including
harvest and tillage.
(C) The procedures described in Section 52302.
(b) The farmer shall grant or deny access in writing within 10
days of receipt of a request to enter the land pursuant to
subdivision (a).

52302. If requested by either party, the secretary or his or her
designee shall be present for the sampling, provide for the
collection of samples, or conduct any other aspect of the sampling or
analysis process as requested. The secretary shall designate an
employee or enter into an agreement with an employee or agent of the
State of California or a third party unaffiliated with either party
to carry out the specified sampling activity as provided in
regulations adopted pursuant to Article 2 (commencing with Section
52251) of Division 18. The patentholder shall pay the fee charged by
the department under regulations adopted pursuant to that article.
The farmer or the agent of the farmer and the person holding the
patent may be present at any collection of samples conducted pursuant
to this article, and each shall be notified of the time and location
of the sample taking at least 24 hours in advance.

52303. Samples for analysis may be taken from a standing crop, from
representative standing plants in the field, or from crop residue
remaining in the field after harvest.

52304. The results of any testing conducted pursuant to this
article shall be sent by registered letter by the testing party to
all parties involved in the investigation within 30 days after the
results are reported from the testing laboratory.

52305. A farmer shall not be liable based on the presence or
possession of a patented genetically engineered plant on real
property owned or occupied by the farmer when the farmer did not
knowingly buy or otherwise knowingly acquire the genetically
engineered plant, the farmer acted in good faith and without
knowledge of the genetically engineered nature of the plant, and when
the genetically engineered plant is detected at a de minimis level.
The authority of a court to determine the presence of de minimis
levels of a genetically engineered plant is intended solely for the
purpose of assisting in adjudicating claims relating to the
possession or use of a patented genetically engineered plant in which
the seed labeler, patentholder, or licensee, has rights. Nothing in
this section is intended to do any of the following:
(a) Establish, or be used as the basis for establishing, an
acceptable level at which a patented genetically engineered plant may
be present.
(b) Be used to alter or limit liabilities or remedies for personal
injury or wrongful death.
(c) Be used outside or beyond the scope or context of a legal
dispute regarding genetically engineered plants.

52306. The provisions of this part are severable. If any provision
of this part or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.