California Food and Agricultural Code 52301 – (a) Before a person or his or her agent holding a patent on a …
(a) Before a person or his or her agent holding a patent on a genetically engineered plant, may enter upon any land farmed by another for the purpose of obtaining crop samples to determine whether breach of contract or patent infringement has occurred, the person holding the patent or his or her agent shall do all of the following:
(1) Notify the farmer in writing of the allegation that breach of contract or patent infringement has occurred and request permission to enter upon the farmer’s land.
Terms Used In California Food and Agricultural Code 52301
- Allegation: something that someone says happened.
- Contract: A legal written agreement that becomes binding when signed.
- County: includes city and county. See California Food and Agricultural Code 29
- Person: means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not. See California Food and Agricultural Code 38
- Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
- Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Food and Agricultural Code 49
(2) Provide a copy of that notification to the secretary.
(3)Obtain the written permission of the farmer.
(4) Provide notice to the farmer of the following procedures which shall be applicable as provided:
(A) If the farmer withholds permission, the person holding a patent may petition the superior court in the county in which the alleged breach of contract or patent infringement has occurred for an order granting permission to enter upon the farmer’s land.
(B) If the person holding a patent believes that the crop from which samples are to be taken may be subject to intentional damage or destruction, the person may seek a protective order from the superior court. The protective order shall be crafted to minimize interruption or interference with normal farming practices, including harvest and tillage.
(C) The procedures described in Section 52302.
(b) The farmer shall grant or deny access in writing within 10 days of receipt of a request to enter the land pursuant to subdivision (a).
(Added by Stats. 2008, Ch. 424, Sec. 1. Effective January 1, 2009.)