SECOND REGULAR SESSION
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SHOEMYER.
Read 1st time February 5, 2004, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To amend chapter 266, RSMo, by adding thereto one new section relating to the genetically engineered plants and seeds.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 266, RSMo, is amended by adding thereto one new section, to be known as section 266.145, to read as follows:
266.145. 1. As used in this section, the following terms mean:
(1) "Cross contamination", the unintentional transfer and incorporation of genetic material between a genetically engineered crop, by cross pollination or other means, and a nongenetically engineered crop or a wild plant population;
(2) "Genetically engineered", altered by human manipulation at the molecular or cellular level by processes, including recombinant deoxyribonucleic acid and ribonucleic acid techniques, cell fusion, microencapsulation, macroencapsulation, and introduction of foreign genes. Genetically engineered does not include products altered exclusively by breeding, conjugation, fermentation, hybridization, in vitro fertilization, or tissue culture;
(3) "Seed dealer", a person who cleans, processes, sells, or offers for sale seeds in this state.
2. Any manufacturer of genetically engineered plants, planting stock or seeds that present a risk of cross contamination and are sold or distributed in this state shall be subject to the provisions of this section.
3. The manufacturer or seed dealer of genetically engineered plants, plant parts, or seeds shall provide written instructions to all growers on how to plant the plant parts, seeds, or plants and how to grow and harvest the crop to minimize potential cross contamination. Such instructions shall be at least as inclusive as the guidelines issued by the United States Department of Agriculture relative to the establishment of buffer zones between genetically engineered plants and wild or cultivated plants subject to the risk of cross contamination. The manufacturer or seed dealer shall file a copy of such instructions with the director of the Missouri department of agriculture at least twenty days in advance of any sale of the genetically engineered plants, plant parts, or seeds in this state.
4. The manufacturer or seed dealer shall identify and maintain for at least two years after the date of sale a list of the names and addresses of all growers of its genetically engineered plants, plant parts, or seeds in this state. Such list shall not be deemed a public record. A manufacturer or seed dealer shall permit the director of the Missouri department of agriculture to inspect the list when requested to facilitate an investigation into a claim of cross contamination. A manufacturer or seed dealer shall not be required to keep records on seeds sold at retail in packets weighing less than one pound. A manufacturer of genetically engineered seeds shall not be required to keep records under this subsection when the required records are being kept by a seed dealer.