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