A014-9900






10 	AN ACT CONCERNING



20  		Non-germinating Genetically Engineered Seed - Prohibition - Research



30	FOR the purpose of prohibiting the sale, distribution, or use of certain

40		non-germinating genetically engineered seed; authorizing the Secretary of

50		Agriculture to impose certain civil penalties for certain violations; defining a

60		certain term; instituting joint departmental research programs, mandating

70	 	reports, generally relating to non-germinating genetically engineered seed.



80	BY adding to

90		Article - Agriculture

100		Section 9-209.1

110		Annotated Code of Maryland

120		(1999 Replacement Volume and 1999 Supplement)



130	BY repealing and reenacting, with amendments,

140		Article - Agriculture

150		Section 9-214

160		Annotated Code of Maryland

170		(1999 Replacement Volume and 1999 Supplement)



180	SECTION 1. BE IT ENACTED BY  MARYLAND STUDENT LEGISLATURE, That

190		the Laws of Maryland read as follows:



200					Article - Agriculture



210 	9-209.1.



220  	(A)	IN THIS SECTION, "TERMINATOR GENE TECHNOLOGY" MEANS:



230  		(1)	A PROCESS THAT RENDERS A SEED INCAPABLE OF

240			NATURALLY PRODUCING SECOND GENERATION SEED

250	 		THROUGH THE INTRODUCTION OF FOREIGN GENETIC

260	  		MATERIAL INTO THE GENETIC SEQUENCE OF THE PARENT

270	 		GENE; OR;

280		(2)	A PROCESS THAT REQUIRES THE APPLICATION OF A

290			SUBSTANCE ON A SEED IN ORDER FOR THE SEED TO

300			GERMINATE.



310	(B)	A PERSON MAY NOT SELL, DISTRIBUTE, OR USE A 

320		NONGERMINATING, GENETICALLY ENGINEERED SEED

330	 	RENDERED INCAPABLE OF NATURALLY PRODUCING SECOND

340 		GENERATION SEED BY TERMINATOR GENE TECHNOLOGY.



350	9-214.



360	(a)	(1)	[Instead] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS

370			SUBSECTION, INSTEAD of any other penalty under this article,

380	 		the Secretary may impose, on any person who violates an order 

390			issued by the Secretary under this subtitle, a civil penalty for each

400	  		seed lot in violation of the order, as follows:



410			[(1)]	(I)	For a first violation for which a civil penalty is

420					imposed, not more than $100;



430			[(2)]	(II)	For a second violation for which a civil penalty is

440					imposed, not more than $250; or



450			[(3)]	(III)	For a third or subsequent violation for which a civil

460					penalty is imposed, not more than $500.



470		(2)	FOR A VIOLATION OF ¤ 9-209.1 OF THIS SUBTITLE, THE

480			SECRETARY MAY IMPOSE A CIVIL PENALTY FOR EACH

490			SEED LOT IN VIOLATION OF THE ORDER AS FOLLOWS:



500			(I)	FOR A FIRST VIOLATION FOR WHICH A CIVIL

510				PENALTY IS  IMPOSED, NOT MORE THAN $1,000; OR



520			(II)	FOR A SECOND OR SUBSEQUENT VIOLATION FOR

530				WHICH A CIVIL PENALTY IS IMPOSED, NOT MORE

540	 			THAN $10,000.



560 	(b)	Penalties collected by the Secretary under this section shall be paid into

570		the General Fund of the State.



580	(c)	The Secretary shall adopt regulations to carry out the provisions of this

590		section.

	

600	SECTION 2. AND BE IT FURTHER ENACTED, That the Maryland Department of

610	 	the Environment and Department of Agriculture collaborate on, and perform 

620	 	controlled risk assessment experiments to determine the health effects of 

630		"terminator seeds."



640	SECTION 3. AND BE IT FURTHER ENACTED, That the Maryland Department of

650		the Environment and Department of Agriculture report, to the Governor, no 

660	 	later than April 1, 2002 and again by April 1, 2004, on the pertinent effects of

670		"terminator seeds" on Maryland food security, Maryland genetic diversity, 

680	 	biological safety of this technology, its effects on sustainable agriculture,

690	 	possible benefits to Maryland agriculture. Included in this report, that the

700		specified time, shall be a formal recommendation to the State Legislature on 

710	 	necessary legislative action requiring in relation to the prohibition instituted in 

720	 	the Act.



730	SECTION 4. AND BE IT FURTHER ENACTED, That the Maryland Department of

740	 	the Environment and Department of Agriculture institute educational 

750	 	programs to aid the farming community about the potential and effects of 

760	 	"terminator seeds" as it becomes available due to the above collaborative 

770	 	project.



780	SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall take effect

790		October 1, 2000.



800	MANDATES: 	Governor Paris Glendening

810			Lt.Governor Kathleen Kennedy Townsend

820			Director, Department of the Environment

830			Director, Department of Agriculture

840			Delegate Dan K. Morhaim

850			Delegate David G. Boschert

860			Delegate James W. Hubbard

870			Delegate Shirley Nathan- Pulliam

880			Delegate Joan B. Pitkin

890			Senator Paula Pinsky

900			Senator Brian E. Frosh









Sponsor:		

Jeremiah Kelly

Delegation Chair

Western Maryland College

2 College Hill

Westminster, MD 21157

(410) 751 - 8114

strawman44@hotmail.com