BIL 079 Draft 01 2012-2014 - Laserfiche WebLink

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"Physically contained" means following USDA protocols and guidelines at the BSL -3 -Ag Containment Level or greater as outlined in USDA Departmental Manual No. 9610-001: "USDA Security Policies and Procedures for Biosafety Level -3 Facilities." "Transgenic manipulation" means the extraction of DNA from an organism (the "donor organism") followed by its introduction into the same or a different organism (the "recipient organism") in such a manner that the introduced DNA can be transmitted through the reproduction of the recipient organism. "Transgenic manipulation" does include methods utilized to reduce the viability or fertility of the recipient organism as a means of "biological containment," including but not limited to so-called "genetic use restriction technologies" or "terminator technology." "Transgenic manipulation" does not include traditional breeding, conjugation, traditional fermentation (such as in the making of beer, wine, bread and yogurt), hybridization, in -vitro fertilization, or tissue culture. "Transgenic organism" means an organism whose DNA is modified by transgenic manipulation. Such organisms are sometimes referred to as "genetically engineered organisms" ("GE organisms") or "genetically modified organisms" ("GMOs"). Section 14-_ Prohibitions. (a) No person shall engage in the propagation, cultivation, raising, growing, sale or distribution of transgenic organisms. (b) A violation of this article is declared to constitute an imminent endangerment of agricultural health and environmental health and as such is declared a public nuisance. Section 14 -_Exemptions. (a) Nothing in this article shall make it unlawful for a person to purchase, sell, distribute, or use human food or animal feed which contains transgenic ingredients (transgenic corn, soy or cotton seed, or their derivatives). (b) Nothing in this article shall make it unlawful for state or federally licensed medical or agricultural research institutions, medical or agricultural laboratories or medical or agricultural manufacturing facilities in the County to conduct licensed medical or agricultural research or production involving transgenic organisms whose reproduction in the environment can be physically contained, as defined herein. (c) Any person using transgenic organisms in the production of agricultural produce or the raising livestock of any kind prior to the effective date of this article under the exemption allowed in subsections (b) and (c) is exempt from the prohibition set forth above in section 14-(a), provided documentation of the usage, the defined location and the extent thereof, is submitted to the department of environmental management, along with proof that all transgenic organisms are physically contained, as defined herein. The proof submitted, such as by way of a description written by the person seeking the exemption accompanied by photographs, shall also include a sworn statement that the containment facilities shall be maintained in good condition. The exemption shall be valid in the location of its reported usage, provided an updated report is submitted on an annual basis. 5