Section 52305 Of Article 2.6. Genetically Engineered Plants From California Food And Agricultural Code >> Division 18. >> Chapter 2. >> Article 2.6.
52305
. A farmer shall not be liable based on the presence or
possession of a patented genetically engineered plant on real
property owned or occupied by the farmer when the farmer did not
knowingly buy or otherwise knowingly acquire the genetically
engineered plant, the farmer acted in good faith and without
knowledge of the genetically engineered nature of the plant, and when
the genetically engineered plant is detected at a de minimis level.
The authority of a court to determine the presence of de minimis
levels of a genetically engineered plant is intended solely for the
purpose of assisting in adjudicating claims relating to the
possession or use of a patented genetically engineered plant in which
the seed labeler, patentholder, or licensee, has rights. Nothing in
this section is intended to do any of the following:
(a) Establish, or be used as the basis for establishing, an
acceptable level at which a patented genetically engineered plant may
be present.
(b) Be used to alter or limit liabilities or remedies for personal
injury or wrongful death.
(c) Be used outside or beyond the scope or context of a legal
dispute regarding genetically engineered plants.