SOURCE: Page 9, line 23; (01)MO045603.9. -->
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SOURCE: IC 15-7-10; (01)MO045603.14. -->
"SECTION 14. IC 15-7-10 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]:
Chapter 10. GMO Product Actions
Sec. 1. As used in this chapter, "blending" means the
unintentional mixing or commingling of gmo products and
non gmo products during harvesting of crops that results in the
presence of a gmo gene in a non gmo product.
Sec. 2. As used in this chapter, "cross pollination" means the
airborne transfer and introduction of pollen or geoplasm from a
gmo product into a non gmo product that results in the presence of
a gmo gene in the non gmo product.
Sec. 3. As used in this chapter, "gmo product" means a
biogenetically designed or modified agricultural seed or crop that:
(1) eliminates the need for pesticides;
(2) bolsters the nutrients in a crop; or
(3) provides other agricultural or nutritional benefits in a seed
or crop.
Sec. 4. As used in this chapter, "manufacturer" means a person
(as defined in IC 14-8-2-202(a)) who makes a gmo product.
Sec. 5. As used in this chapter, "non marketable" means the
refusal of a domestic, foreign, or international agricultural entity
to purchase a crop because of the presence of a gmo product gene
in the crop.
Sec. 6. A producer of a non gmo crop who harvests a crop that
is non marketable due to cross pollination or blending from a gmo
product may bring a civil action against a manufacturer for:
(1) actual damages;
(2) treble damages; and
(3) costs and reasonable attorney's fees.
Sec. 7. An action brought under section 6 of this chapter must be
commenced not more than two (2) years after the date the producer
becomes aware of the non marketability of the non gmo crop.".
Renumber all SECTIONS consecutively.
(Reference is to ESB 456 as printed March 28, 2001.)
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MO045603/DI 105 2001