Food & Agr. Code, § 52305 · Article 2.6. Genetically Engineered Plants
Food & Agr. Code, § 52305
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
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.
Notes and commentary — not statutory text
History
Added by Stats. 2008, Ch. 424, Sec. 1. Effective January 1, 2009.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAC§ionNum=52305.
- Text hash
- sha256 ba96508560cc76d01bc545ef1ed2c36e2fee067cc3d2fc089b48c70347304bb6
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.