| State |
Year |
Bill |
Type |
Language |
Date / Link |
| Alabama |
2007 |
none |
|
|
|
| Alaska |
2005 |
SB25 |
GMO |
This bill amends the Alaska Food, Drug, and Cosmetic Act, AS 17.20.040 by adding genetically modified fish or fish product to the list of misbranded food, unless conspicuously labeled or identified as such.
|
PASSED
May 2005 |
| Arizona |
2005 |
SB1282 |
Preemption |
Amended:
The regulation and use of seeds are of statewide concern. The regulation of seeds pursuant to this article and their use is not subject to further regulation by a county, city, town, or other political subdivision of this state.
|
PASSED
4/22/05
|
| Arkansas |
2007 |
State Plant Board |
GMO |
Regulation:
The Arkansas State Plant Board banned Cheniere and Clearfield 131 rice varieties for the 2007 and 2008 growing seasons and mandated genetic testing of all seed stocks.
|
PASSED 3/2/07
More info
|
| California |
2007 |
CA Rice Comm. |
GMO |
Regulation:
The California Rice Commission voted to support a moratorium
"on the field testing of all genetically modified (GM) rice cultivars in the State of
California for the 2007 crop, and for future crops, until such time as research protocol and safeguards are acceptable to the California Rice Commission."
|
PASSED 3/14/07
More info
|
| 2007 |
AB541 |
GMO |
Establishes the right of farmers and landowners to compensation for economic losses due to genetic contamination of their crops. Protects farmers from being sued by a GE manufacturer if their crop is contaminated by that company's GE product. Establishes a county-level GE crop notification process so that farmers can trace contamination to the GE manufacturer. Protects the food supply by prohibiting the open-field cultivation of genetically engineered food crops used to produce drugs and biologics such as hormones and antibiotics.
|
PASSED 9/27/08
More info
|
| 2007 |
SB63 |
GMO |
Requires every livestock producer who sells or transfers any cloned animal or its progeny to disclose to the buyer or transferee that the animal is cloned or is the progeny of a cloned animal. It would also require food for human consumption that contains any product from a cloned animal or its progeny to be labeled to indicate that the food includes the product of a cloned animal or its progeny.
|
Passed
but
Vetoed by Governor
10/13/07
|
| 2006 |
SB1056 |
Preemption |
This bill would state that these provisions of law relating to
nursery stock and seed are of statewide concern and occupy the entire
field of regulation regarding registration, labeling, sale, storage,
transportation, distribution, notification of use, and use of
nursery stock and seeds to the exclusion of local regulations.
|
Session ended; bill not passed
more info
|
| Colorado |
2007 |
none |
|
|
|
| Connecticut |
2007 |
HHB 6582 |
GMO |
To protect farmers and innocent landowners from liability and damage due to trespass by genetically modified organisms onto their property.
|
Session ended; bill not passed
Activity |
| Delaware |
2007 |
none |
|
|
|
| Florida |
2005 |
HB1717 |
Preemption |
In order to ensure uniform health and safety standards, the
adoption of standards and fines in the subject areas of
paragraphs (a)-(n) is expressly preempted to the state and the
Department of Agriculture and Consumer Services. Any local government enforcing the subject areas of paragraphs (a)-(n) must use the standards and fines set forth in the pertinent statutes or any rules adopted by the department pursuant to
those statutes. |
PASSED
5/6/05
|
| Georgia |
2005 |
SB87 |
Preemption |
No county, municipal corporation, consolidated government, or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, or resolution regulating the labeling, packaging, sale, storage, transportation, distribution, notification of use, or use of seeds. |
PASSED
2/18/05
|
| Hawaii |
2007 |
SB179 |
GMO |
Provides for procedures to protect nongenetically engineered plant life from their genetically engineered counterparts. Establishes the liability of manufacturers and growers of genetically engineered plants, plant parts, or seeds.
|
Session ended; bill not passed
Activity
|
| 2007 |
SB717 |
GMO |
Regulates production of pharmaceutical crops and industrial crops. Imposes civil penalties for violations.
|
Session ended; bill not passed
Activity
|
| 2007 |
SB1290 |
GMO |
Genetically modified organisms notification and certification. Any person that proposes to research, test, propagate, cultivate, grow, or produce any genetically modified organism shall: (1) Notify the department of the person's intent to conduct the activity; and (2) Obtain certification of approval from the department prior to conducting the activity.
|
Session ended; bill not passed
Activity
|
| 2007 |
HB704 |
GMO |
Provides a 10-year moratorium on testing, propagating, cultivating, growing, and raising genetically engineered taro.
|
Died in committee
Activity
|
| 2007 |
HB1577 |
GMO |
Temporarily prohibits the growing of genetically modified coffee. Allows research on genetically modified coffee in environmentally secure facilities.
|
Session ended; bill not passed
Activity
|
| Idaho |
2005 |
HB38 |
Preemption |
This chapter and its provisions are of statewide concern and occupy the whole field of regulation regarding the registration, labeling, sale, storage, transportation, distribution, notification of use, and use of seeds to the exclusion of all local ordinances, rules or regulations. Except as otherwise specifically provided in this chapter, no ordinance, rule or regulation of any political subdivision may prohibit or in any way attempt to regulate any matter relating to the registration, labeling, sale, storage, transportation, distribution, notification of use, or use of seeds. |
PASSED
3/23/05
|
| Illinois |
2007 |
HB1300 |
Local Food |
Provides that the Task Force shall develop a plan for expanding and supporting a State local and organic food system and for assessing and overcoming obstacles to an increase in locally grown food and local organic food production.
|
PASSED
8/14/07
|
| Indiana |
2005 |
HB1302 |
Preemption |
Regulation of seeds. Prohibits a political subdivision from regulating the storage and use of seeds unless the political subdivision is granted a waiver by the state seed commissioner. |
PASSED
3/25/05
|
| Iowa |
2005 |
HF642 |
Preemption |
It is the intent of the general assembly in enacting this Act to accomplish uniformity in oversight and regulation of seed used in agriculture. It is not intended that this Act preclude a local governmental entity from pursuing governmental activities not in conflict with this Act. |
PASSED
4/6/05
|
| Kansas |
2005 |
HB2341 |
Preemption |
No local authority shall enact or enforce any law, ordinance, rule, regulation or resolution in conflict with, in addition to, or supplemental to, the provisions of the Kansas seed law unless expressly authorized by law to do so. Any law, ordinance, rule, regulation or resolution in conflict with, in addition to, or supplemental to, the provisions of the Kansas seed law is hereby declared to be invalid and of no effect.
|
PASSED
4/1/05
|
| Kentucky |
2007 |
session ended |
|
|
|
| Louisiana |
2007 |
none |
|
|
|
| Maine |
2007 |
LD1650 |
GMO |
Creates a right of action as and damages for a private nuisance against a manufacturer of a genetically engineered plant part, seed or plant that cross-contaminates a person's land and limits the liability of knowing and unknowing users and possessors of a genetically engineered plant part, seed or plant.
|
Session ended; bill not passed
Activity |
| 2007 |
LD1684 |
Preemption |
A municipality or political subdivision may not enact a law or ordinance that unreasonably restricts farm structures or farm practices within an agriculture protection area unless the law or ordinance bears a direct relationship to public health or safety.
|
Session ended; bill not passed
Activity |
| Maryland |
2007 |
session ended |
|
|
|
| Massachusetts |
2007 |
none |
|
|
|
| Michigan |
2006 |
SB777 |
Preemption |
Local unit of government shall not adopt, maintain, or enforce an ordinance that prohibits or regulates the labeling, sale, storage, transportation, distribution, use, or planting of agricultural, vegetable, flower, or forest tree seeds. |
PASSED
5/5/06
|
| Minnesota |
2007 |
HF1663 |
GMO |
The board shall adopt rules that require an environmental impact statement and otherwise comply with chapter 116D and rules adopted under it for a proposed release and a permit for a release of genetically engineered wild rice.
|
PASSED
5/8/07
folded into
H2410/S2096
|
| 2007 |
HF2006 |
Local Food |
A bill creating a pilot incentive grant program to encourage school districts to purchase locally grown foods.
|
Session ended; bill not passed
Activity
|
| Mississippi |
2007 |
session ended |
|
|
|
| Missouri |
2007 |
SB570 |
Preemption |
Bill specifies the establishment of a joint committee to conduct a comprehensive study of concentrated animal feeding operations in Missouri, to include the
economic impact of such operations, issues pertaining to the regulation of such operations at the local and state levels of government, and any other issue the committee deems relevant.
|
Session ended; bill not passed
more info
|
| 2007 |
SB364 |
Preemption |
Local Preemption: This act provides that state laws and regulations shall preempt local laws regarding agricultural operations and provides that any farm or farming-related activity that is in compliance with all applicable state and federal laws shall also therefore be in compliance with any local law or ordinance.
|
Issue moved to SB570
- see above |
| 2006 |
SB1009 |
Preemption |
The provisions of sections 266.011 to 266.111 are of statewide concern and occupy the entire field of regulation regarding the registration, labeling, sale, storage, transportation, distribution, notification of use, use, and planting of seeds and other propagules to the exclusion of all local ordinances or regulations.
|
Session ended; bill not passed
Activity
|
| 2006 |
HB1842 |
Preemption |
Specifies that no ordinance of any political subdivision will regulate seeds or other propagules and the state will not enforce any rule more restrictive than federal rules regarding seed technologies.
|
Session ended; bill not passed
Activity
|
| Montana |
2007 |
HB381 |
Local Food |
Whenever a public agency seeks to procure food for human consumption, the specifications for the food may, at the discretion of the public agency procuring the food, include a requirement that the food be produced or processed in Montana.
|
Bill not passed
Activity |
| 2007 |
HB432 |
GMO |
Liability for GMO's that escape property boundaries
|
Bill not passed
Activity |
| Nebraska |
2007 |
LB516 |
Local Food |
Authorizes a study with respect to corporate farming and agricultural production. It is the intent of the Legislature to foster and enhance legal, social, and economic conditions in Nebraska consistent with and which advance those state interests that structure, development, and progress of agricultural production.
|
PASSED
5/24/07
|
| 2006 |
LB834 |
Preemption |
Political subdivisions shall not prohibit or in any other manner regulate any matter relating to the registration, labeling, sale, storage,transportation,distribution, notification of use, use, planting, or cultivation of seeds. |
Session ended; bill not passed
Activity
|
| Nevada |
2007 |
none |
|
|
|
| New Hampshire |
2007 |
none |
|
|
|
| New Jersey |
2007 |
A385 |
Local Food |
Local Sourcing: An Act establishing a task force in the Department of Agriculture to develop place-based food markets.
|
Activity |
| New Mexico |
2007 |
SB90 |
Local Food |
Local Sourcing: New Mexico department of agriculture to purchase New Mexico-grown fresh fruits and vegetables to administer to school lunch programs statewide.
|
Session ended; bill not passed
Activity |
| New York |
2007 |
A03990 |
GMO |
Requires persons who sell or distribute genetically engineered plants, planting stock or seeds to provide written instructions to purchasers or growers of such stock.
|
Session ended; bill not passed
Activity |
| 2007 |
A01403 |
GMO |
Establishes an affirmative defense for causes of actions related to violation
of a patent, trademark or other intellectual property right on grounds that a
party possessed or used seeds or plants that contained genetically engineered
or genetically modified organisms without entering into an agreement or paying
fees to the manufacturer or licensed distributor of such products.
|
Session ended; bill not passed
Activity |
| North Carolina |
2006 |
H671 |
Preemption |
§106 423.10. Regulation of genetically modified and genetically engineered plants. Except as provided in Article 15 of Chapter 113A of the General Statutes, the Board of Agriculture shall have the sole authority to regulate genetically engineered and genetically modified plants. |
Session ended; bill not passed
Activity
|
| North Dakota |
2005 |
SB2277 |
Preemption |
A political subdivision, including a home rule city or county, may not adopt or continue in effect any ordinance, resolution, initiative, or home rule charter regarding the registration, labeling,
distribution, sale, handling, use, application, transportation, or disposal of seed. This section does not apply to city zoning ordinances. |
PASSED
3/16/05
|
| Ohio |
2005 |
HB66 |
Preemption |
Operating Budget Bill Amended with the following clause: Prohibits political subdivisions from regulating or enacting legislation relating to the registration, packaging, labeling, sale, storage, distribution, use or application of fertilizer and from regulating or enacting legislation relating to the registration, sale, or storage, transportation, distribution, notification of use, use, or planting of seed. |
PASSED
6/30/05
|
| Oklahoma |
2005 |
HB1471 |
Preemption |
An Act relating to agriculture; providing for certain jurisdiction for seeds; preempting local jurisdiction for seeds; providing for codification; and providing an effective date. |
PASSED
4/18/05
|
| Oregon |
2007 |
SB234 |
GMO |
Authorizes Director of Agriculture and appointee of Director of
Human Services to enter into memoranda of understanding or other
intergovernmental agreements to further collaboration between
state and federal agencies, and to increase state input,
regarding biopharmaceutical crop issues and requirements of
specific interest to state.
|
PASSED
6/25/07
|
| Pennsylvania |
2004 |
HB2387 |
Preemption |
Statewide jurisdiction and preemption. This chapter and its provisions are of Statewide concern and occupy the whole field of regulation regarding the registration, labeling, sale, storage, transportation, distribution, notification of use, and use of seeds to the exclusion of all local regulations. Except as otherwise specifically provided in this act, no ordinance or regulation of any political subdivision or home rule municipality may prohibit or in any way attempt to regulate any matter relating to the registration, labeling, sale, storage, transportation, distribution, notification of use or use of
seeds, if any of these ordinances, laws or regulations are in conflict with this chapter. |
PASSED
11/29/04
|
| Rhode Island |
2007 |
none |
|
|
|
| South Carolina |
2007 |
none |
|
|
|
| South Dakota |
2005 |
SB152 |
Preemption |
Enjoin the enforcement of any ordinance, regulation, or action of any political subdivision of this state which is in conflict with any provision of this chapter or any rule promulgated pursuant to § 38-12A-20. |
PASSED
2/25/05
|
| Tennessee |
2007 |
none |
|
|
|
| Texas |
2005 |
HB2313 |
Preemption |
Sec. 71.153. LOCAL REGULATION. (a) A political
subdivision may not adopt an ordinance or rule that restricts the planting, sale, or distribution of noxious or invasive plant species. |
PASSED
6/17/05
|
| Utah |
2007 |
session ended |
|
|
|
| Vermont |
2007 |
H0133 |
Local Food |
Local Sourcing: Direct state agencies and institutions to procure Vermont farm and food products whenever available at a cost of no more than eight percent above like products produced outside the state.
|
Session ended; bill not passed
Activity |
| Virginia |
2007 |
SB594 |
Preemption |
Prohibits localities from regulating the registration, packaging, labeling, sale, storage, distribution, use, or application of fertilizer.
|
Session ended; bill not passed
Activity
|
| Washington |
2007 |
HB1888 |
GMO |
Any grower or processor of a Brassica seed crop may petition the Department of Agriculture Director to request establishment of a Brassica seed production district. The Director may adopt rules to establish a district including, but not limited to, production districts and agreements; a centralized notification process for growers intending to plant a crop within a district; isolation distances; exclusion of crops; and control of volunteer and weed plants within a district.
|
PASSED
4/21/07
|
| West Virginia |
2007 |
SB605 |
GMO |
State Board of Education to require foods to be free from genetically modified components.
|
Session ended; bill not passed
Activity
|
| 2005 |
SB580 |
Preemption |
Statewide jurisdiction and preemption. - This chapter and its provisions are of statewide concern and occupy the whole field of regulation regarding the registration, labeling, sale, storage, transportation, distribution, notification of use, and use of seeds to the exclusion of all local regulations. Except as otherwise specifically provided in this article, no ordinance or regulation of any political subdivision or home rule municipality may prohibit or in any way attempt to regulate any matter relating to the registration, labeling, sale, storage, transportation, distribution, notification of use or use of seeds, if any of these ordinances, laws or rules are in conflict with this chapter. |
PASSED
4/16/05
|
| Wisconsin |
2007 |
SB89 |
Local Food |
Requires DATCP to conduct a program to increase awareness and consumption of locally produced foods and related products and to increase the production and improve the distribution of foods and related products for local consumption.
|
Activity |
| Wyoming |
2007 |
none |
|
|
|
