A.__Loss of any price premium that would have accrued to a grower of nongenetically engineered products by contract or other marketing arrangement, or that would have been otherwise reasonably available to the farmer through ordinary commercial channels;

B.__Additional transportation, testing, storage, handling, or related charges or costs incurred by the farmer that would not have been incurred in the absence of cross- contamination; and

C.__A judgment, charge or penalty for which the farmer of nongenetically engineered products is liable due to breach of contract, including loss of organic certification, for failure to deliver a crop free of genetically engineered material or for delivering a crop exceeding any contractually agreed tolerances for the presence of genetically engineered material.

A manufacturer that fails to comply with the requirements of subsection 1 or 2 is also strictly liable to the State for damages for harm to natural resources, including but not limited to costs of restoration of resources damaged by cross- contamination.

Nothing in this subsection may be interpreted as limiting the liability of a manufacturer or a grower for damages caused by genetically engineered plants. The provisions of this subsection are not subject to waiver, by agreement or otherwise.

SUMMARY

This bill requires a manufacturer of genetically engineered plants, planting stock or seeds to provide growers with instructions on how to plant, cultivate and harvest the genetically engineered material to avoid contamination of plants of nongenetically engineered origin. It requires the manufacturer to enter into written contracts with growers and file the contracts with the Department of Agriculture, Food and Rural Resources. It enacts provisions for manufacturer liability when contamination of nongenetically engineered plants by genetically engineered plants occurs.