HB 680 -- Private Investigations of Farm Commodities

Sponsor:  Shively

This bill establishes procedures that a patent holder of
genetically-modified seed must follow before entering onto
private farmland to take plant samples.  The patent holder must:

(1)  Notify the farmer in writing of the allegation that a breach
of contract or patent infringement has occurred and request the
farmer's permission to enter upon his or her land;

(2)  Provide a copy of the notification to the Director of the
Department of Agriculture;

(3)  Obtain written consent from the farmer; and

(4)  Inform the farmer in writing of all the procedural
requirements and any action that may be legally taken by the
farmer and the patent holder.

The farmer must grant or refuse to grant access in writing within
10 days of the receipt of the request.  If the farmer refuses,
the patent holder can petition the circuit court in the county in
which the alleged breach of contract or patent infringement has
occurred for permission to enter the farmer's land.  The patent
holder can also seek a protective order if he or she believes
that the crop to be sampled may be intentionally damaged or
destroyed.  Upon receiving permission from either the court or
the farmer, the patent holder can enter the farm and obtain plant
samples.  The department director, or his or her designee, must
be present for the sampling if requested by either party and may
conduct the sampling.  If the department charges a fee for
participation in the sampling or testing, any costs will be the
responsibility of the patent holder.  The results of any testing
must be sent by registered letter to all parties within 30 days
of the results being reported from the testing laboratory.

A patent holder violating any provision of the bill will be
subject to a penalty of not less than $50,000 for each violation.
A farmer on whose property is found evidence of a patented
genetically-modified plant is immune from liability if the farmer
didn't knowingly buy or acquire the genetically-modified seed,
otherwise acted in good faith, and the plant presence was
minimal.

Any contract for the purchase of genetically-modified seed not
complying with the requirements of the bill will be null and
void.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:25 am