https://grain.org/e/3781
Ordinance of the County of Medocino, California, USA, prohibiting GMOs
by | 23 Mar 2004
ORDINANCE:
The People of the County of Mendocino ordain as follows:
Section 1. Finding. The people of Mendocino County wish to protect the
county's agriculture, environment, economy, and private property from
genetic pollution by genetically modified organisms.
Section 2. Prohibition. It shall be unlawful for any person, firm, or
corporation to propagate, cultivate, raise, or grow genetically modified
organisms in Mendocino County.
Section 3. Definitions.
(a) Genetically modified organisms means specific organisms whose
native intrinsic DNA has been intentionally altered or amended with non
species specific DNA. For purposes of this ordinance, genetic modification
does not include organisms created by traditional breeding or
hybridization, or to microorganisms created by moving genes or gene
segments between unrelated bacteria.
(b) DNA or deoxyribonucleic acid means a complex protein that is present
in every cell of an organism and is the 'blueprint' for the organism's
development.
(c) Organism means any living thing.
(d) Agricultural Commissioner means the Agricultural Commissioner of
Mendocino County.
Section 4. Penalties.
(a) The Agricultural Commissioner shall notify any person, firm, or
corporation that may be in violation of Section 2 of this Ordinance, that
any organisms in violation of this Ordinance are subject to confiscation
and destruction.
(b) Any person, firm, or corporation that receives notification under
subparagraph (a) shall have five (5) days to respond to such notification
with evidence that such organisms are not in violation of this Ordinance.
(c) Upon receipt of any evidence under paragraph (b), the Agricultural
Commissioner shall consider such evidence and any other evidence that is
presented or which is relevant to a determination of such violation. The
Agricultural Commissioner shall make such determination as soon as
possible, but at least before any genetic pollution may occur.
(d) Upon making a determination that a violation of this Ordinance exists,
the Agricultural Commissioner shall cause to be confiscated and destroyed
any such organisms that are in violation of this Ordinance before any
genetic pollution may occur.
(e) If the Agricultural Commissioner determines there has been a violation
of this Ordinance, in addition to confiscation and destruction of any
organisms that are found to be in violation, the Agricultural
Commissioner shall impose a monetary penalty on the person, firm, or
corporation responsible for the violation, taking into account the amount
of damage, any potential damage, and the willfulness of the person, firm,
or corporation.