SB 456-3_ Filed 04/10/2001, 10:49


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 456 be amended to read as follows:

SOURCE: Page 9, line 23; (01)MO045603.9. -->     Page 9, between lines 23 and 24, begin a new paragraph and insert:
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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Representative Grubb


MO045603/DI 105     2001