It is the intent of the Lake County Board of Supervisors to uphold
the public health, safety, and welfare of the citizens of Lake County
by supporting an agricultural economy in Lake County that is free
of genetically modified crops.
Upon proper local regulation, the geography of Lake County provides
a unique opportunity to create an agricultural economy that can be
certified as free of genetically modified crops. Lake County farmers
will have a competitive advantage in regional, national and international
markets if they can certify that their crops have been grown in an
area that is free of genetic contamination. Research shows that crops
that are certified to be free of genetic modification bring premium
prices in the regional and global marketplace.
Currently there is insufficient regulatory monitoring and oversight
of genetically modified crops by the federal and state governments
to ensure public health, environmental safety, and freedom from genetic
contamination in agriculture. Further, the planting of genetically
modified crops is not required to be publicly disclosed to any federal,
state or county agency.
Currently, adequate safeguards do not exist to prevent contamination
of existing crops, plants, insects, domesticated animals, wildlife
and wild lands by genetically modified crops as a result of forces
of nature or human causes. The resulting impacts on ecosystems are
unknown.
Authority.
The
California Constitution, Article XI, section 7, states: "A county or
city may make and enforce within its limits all police, sanitary, and
other ordinances and regulations not in conflict with general laws".
7.31.020
Definitions.
For the purposes of this chapter, unless the context otherwise indicates,
certain words and phrases used in this chapter are defined as follows:
-
A "Genetically engineered" plant is a plant
or any plant part material, including, but not limited to, seeds and
pollen, in which genetic material has been changed through "modern
biotechnology" in a way that does not occur naturally by multiplication
or recombination.
-
"Modern biotechnology" is the application
of in vitro nucleic acid techniques, fusion of cells, including protoplast
fusion, or hybridization techniques beyond the taxonomic family that
overcome natural physiological, reproductive, or recombination barriers
and that are not techniques used in traditional breeding and selection.
-
"Person" means any individual,
firm, partnership, trust, corporation, company, estate, public or
private institution, association, organization or group, and any representative,
officer, employee or agent of any of the foregoing.
- "Release" means to discharge, emit or liberate any
genetically modified crop, or the product of a genetically modified
crop into the open environment.
7.31.030
Prohibition.
It
is unlawful for any person to propagate, cultivate, raise, or grow any
genetically modified crop or plant. Any act in violation of this prohibition
is declared to constitute a public nuisance.
7.31.040
Exemptions.
The
prohibition contained in this chapter shall not apply to the propagation
of genetically engineered pharmaceuticals and industrial compounds done
in state or federally licensed medical research institutions, medical
laboratories, or medical manufacturing facilities engaged in a licensed
medical production, or to medical research involving genetically modified
crops provided such activities are conducted under secure, enclosed
indoor laboratory conditions, with utmost precaution to prevent release
of genetically modified crops into the outside environment.
7.31.050
Reevaluation by board of supervisors.
In
its discretion, the board of supervisors may consider the on-going need
for the prohibition of genetically modified crops contained in this
ordinance. If the Board of Supervisors determines that a prohibition
is no longer necessary, it shall amend this chapter in a manner consistent
with that determination. When re-considering the prohibition in this
ordinance, the Board of Supervisors shall, at a minimum, take into account
each of the following factors:
Whether allowing genetically modified crops or plants to be grown
in Lake County would negatively affect the economic advantage of keeping
Lake County's agriculture free of genetically modified crops and plants.
Whether the state of California and/or the federal government has
implemented effective regulation of genetically modified crops and
plants, including independent testing of their ecological impact.
Whether field trials of genetically modified crops are required by
state or federal law to be contained to prevent contamination of organic
and non-genetically modified crops and weedy relatives.
Whether liability regulations have been promulgated to protect organic
and conventional farmers and gardeners from contamination by genetically
modified crops, and if so, whether the financial costs of contamination
are borne by the producer of genetically modified seeds and, only
if negligence is found, by the grower of the genetically modified
crops.
Whether genetically modified seeds and root-stock shall be required
to be labeled so that farmers and gardeners can choose whether or
not they want to grow genetically-modified crops.
Whether the types and location of the genetically modified crops
that are proposed to be grown or tested in Lake County shall be communicated
to the Agricultural Commissioner and entered by the Commissioner in
a public database available to the public upon request.
A. It shall be the duty of the Agricultural Commissioner to enforce
this chapter, and all designated officers of the Agricultural Commissioner
are charged with the enforcement of this chapter and each and every
provision thereof.
B. Neither the County nor its officers shall be held liable under
this ordinance for actions taken in good faith or for good faith failures
to act.
C. Notwithstanding Section B, any person, whether as principal or
agent, employee or otherwise, who knowingly violates or causes or
permits the violation of any of the provisions of this chapter, shall
be guilty of a misdemeanor, and upon conviction thereof, shall be
punishable by a fine of not more than one thousand dollars, and incarceration
of not more than 30 days. Such person shall be deemed to be guilty
of a separate offense for each day during any portion of which any
violation of this chapter is committed, continued or permitted by
such person. The fines provided in this chapter shall be cumulative;
incarceration shall be concurrent.
D. Any use of the land, building or premises, established, conducted,
operated or maintained contrary to the provisions of this chapter,
shall be, and the same is declared to be a violation of this chapter
and a public nuisance.
E. The county may summarily abate, or abate pursuant to Chapter 13
of this code, any public nuisance involving genetically modified crops,
and the county counsel or the district attorney, upon order of the
board of supervisors, may bring civil suit, or other action, to enjoin
or abate the nuisance.
F. Any person who creates or maintains a public nuisance in violation
of this chapter shall be liable for the costs of abatement that shall
include, but not be limited to:
Costs of investigation;
Costs of removing genetically modified crops from
the open environment, cleanup and restoration of the environment;
Cost of county employee enforcement time;
Court costs;
and Costs of monitoring compliance.
7.31.070
Severability.
The
provisions of this chapter are severable. If any section, paragraph,
sentence, phrase or word of this chapter is declared invalid for any
reason, that decision shall not affect any other portion of this chapter,
which shall remain in full force and effect.
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