Section 52301 Of Article 2.6. Genetically Engineered Plants From California Food And Agricultural Code >> Division 18. >> Chapter 2. >> Article 2.6.
52301
. (a) Before a person or his or her agent holding a patent on
a genetically engineered plant, may enter upon any land farmed by
another for the purpose of obtaining crop samples to determine
whether breach of contract or patent infringement has occurred, the
person holding the patent or his or her agent shall do all of the
following:
(1) Notify the farmer in writing of the allegation that breach of
contract or patent infringement has occurred and request permission
to enter upon the farmer's land.
(2) Provide a copy of that notification to the secretary.
(3) Obtain the written permission of the farmer.
(4) Provide notice to the farmer of the following procedures which
shall be applicable as provided:
(A) If the farmer withholds permission, the person holding a
patent may petition the superior court in the county in which the
alleged breach of contract or patent infringement has occurred for an
order granting permission to enter upon the farmer's land.
(B) If the person holding a patent believes that the crop from
which samples are to be taken may be subject to intentional damage or
destruction, the person may seek a protective order from the
superior court. The protective order shall be crafted to minimize
interruption or interference with normal farming practices, including
harvest and tillage.
(C) The procedures described in Section 52302.
(b) The farmer shall grant or deny access in writing within 10
days of receipt of a request to enter the land pursuant to
subdivision (a).