State Biotech Statutes 

With the rapid growth of biotechnology, states have responded by adopting laws regulating, limiting or promoting its use. This page lists the various state laws regarding biotechnology.


Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Louisiana | Maine | Massachusetts | Maryland |
Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania |
Rhode Island | South Carolina | South Dakota | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin


 

State

Citation

Summary

Alaska

Alaska Stat. § 17.06.010 (2007)

Labeling. Allows use of Bacillus thuringensis and other natural pesticides in foods marketed as organic.

Alaska

Alaska Stat. § 17.20.013 (2007)

Labeling. Guidelines for voluntary labeling of dairy products produced from herds not treated with growth hormones.

Alaska

Alaska Stat. § 17.20.040 (2007)

Labeling. Requires genetically modified fish and fish products to be labeled.

Arizona

Ariz. Rev. Stat. Ann. § 36-276 (2007)

State Funding. Appropriates a specified amount from the tobacco tax and the Health Care Fund Health Education account to the disease control research commission to allocate to a nonprofit medical research foundation that specializes in biotechnology and collaborates with universities, hospitals, biotechnology and health science research centers and other public and private biotechnology businesses in this state

Arizona

Ariz. Rev. Stat. Ann. § 3-114 (2007)

Destruction. Any person or entity that willfully and knowingly damages or destroys any field crop product that is grown for personal, commercial, testing or research purposes shall be liable for up to twice the value of the crop. 

Arizona

Ariz. Rev. Stat. Ann. § 13-2301 (2004)

Destruction. Organized Crime, Fraud and Terrorism. Considers acts against agricultural biotechnology agricultural terrorism and establishes penalties.

Arizona

Ariz. Rev. Stat. Ann. § 3-243 (2007)

Regulation. Preempts any seed labeling regulations by county, city, town, or other political subdivision of the state.

Arizona

Ariz. Rev. Stat. Ann. § 36-781 (2007)

Definition. "Bioterrorism" means the intentional use of any microorganism, virus, infectious substance or biological product that may be engineered as a result of biotechnology.

Arkansas

Ark. Stat. Ann. §§ 2-8-101 to 109 (2007)

State Support. Provides for income tax credits for biotechnology facilities, biotechnology business activities, biotechnology research, and advance biofuels facilities after January 1, 1997.

Arkansas

Ark. Stat. Ann. §§ 20-36-101 to 105 (2007)

Regulation. Requires the state Department of Health to establish and administer a registry of biological agents. Biological agents are defined to include genetically modified microorganisms shown to produce or encode for a factor associated with a disease or that contain nucleic acid sequences coding for one or more toxics outlined in 72 CFR 42.

Arkansas

Ark. Stat. Ann. § 19-12-115 (2007)

State Support. Establishes the Arkansas Biosciences Institute to promote biotechnology research.

California

Cal. Food & Agricultural Code §§ 491 to 492 (2007)

State Oversight. Legislative findings that with the burgeoning field of biotechnology comes a need for the public to be informed about the benefits and potential risks of the technology. Establishes the Food Biotechnology Task Force.

California

Cal. Food & Agricultural Code § 2272 (2007)

State Oversight. Allows for the County Agricultural Commissioner to include supplemental information on biotechnology in the annual report on the condition of agriculture.

California

Cal. Food & Agricultural Code § 12798 (2007)

State Funding. Establishes competitive grant programs to fund pest management research, including biotechnological research.

California

Cal. Food & Agricultural Code § 52300 to 52306 (2009)

State Oversight. Legislature to clarify the role and responsibility of the Department of Food and Agriculture in the oversight of regulated agricultural biotechnology, including the regulation of seed.

California

Cal. Food & Agricultural Code § 52100 (2007)

Destruction. Any person who intentionally destroys test or research crop is liable for up to twice the market value of the crops.

California

Cal. Unemployment and Ins. Code § 9700 - 9702 (2007)

State Support. Sets forth legislative findings and declarations that the San Diego biotechnology industry increasingly needs more biotechnology professionals of all levels that are familiar with industry-like conditions for basic, applied, and transitional research, training, and production; states legislative findings that the San Diego Multiuse Biotechnology Training Center is being created to serve as an anchor for the growth of biotechnology enterprise.

California

Cal.Penal Code § 11417 (2002)

Destruction. Considers acts against agricultural biotechnology an act of terrorism.

California

Cal. Fish and Game Code § 15007 (2007)

Regulation. Makes it illegal to spawn, cultivate, or incubate any transgenic fish in the state controled waters of the Pacific Ocean.

Colorado

Colo. Rev. Stat. § 35-31-201 (2007)

Destruction. Any person who maliciously destroys any agricultural product or exercises control over the crop with the intent to deprive the owner of control, or who encourages or conspires with another to do so, is liable for treble damages, attorney fees, and litigation costs. Additionally, such person is also liable for the costs directly related to research, development, and testing if the agricultural product was an experimental agricultural product.

Colorado

Colo. Rev. Stat. § 24-33.5-1604 (2002)

Regulation. Office of Preparedness, Security, and Fire Safety is responisble for setting protocols for security at biotechnology laboratories and facilities.

Colorado

Colo. Rev. Stat. § 23-1-106.5 (2007)

State Funding. Creates a fund of advanced technology fund moneys to finance research of biotechnology, other advanced technology projects, and for environmental research, research and development and technology transfer programs with regard to waste diversion and recycling strategies.

Connecticut

Conn. Gen. Stat § 12-81(72)(A) (2007)

State Funding. Provides property tax exemption for businesses in the biotechnology sector.

Connecticut

Conn. Gen. Stat. § 2 12-217j (2007)

State Funding. Biotechnology companies are eligible for an income tax credit for money spent on research and development.

Connecticut

Conn. Gen. Stat. § 12-412(89) (2007).

State Funding. Creates a sales tax exemption on machinery, equipment, tools, materials, supplies, and fuel used in the biotechnology industry.

Delaware

Del. Code tit. 29, § 6102A (2007)

State Funding. Establishes the Twenty First Century Investment Fund, which includes funding for biotechnology research.

Florida

Fla. Stat. § 581.083 to 211 (2007)

Regulation. Requires a permit for the release of exotic organisms, which include genetically modified organisms.

Florida

Fla. Stat. § 604.60 (2007)

Destruction. Any person who intentionally damages or destroys a field crop used for commercial, testing, research, or personal use is liable for up to three times the value of the property damaged or destroyed.

Florida

Fla. Stat. § 790.166 (2007)

Regulation. Considers biotechnology as a potential weapon of mass destruction.

Georgia

Ga. Code § 2-11-35

Regulation. Prohibits municipal and other local governments from regulating the labeling, packaging, sale, storage, transportation, distribution, notification of use, or use of seeds.

Georgia

Ga. Code § 4-11-30 to 35 (2007)

Destruction. A person who acquires or otherwise exercises control over a crop facility, a crop, or other property from a crop facility with the intent to deprive the owner and disrupt or damage the enterprise conducted at the crop facility is committing a criminal offense.

Hawaii

Hawaii Rev. Stat. § 321-11.6 (2005)

Regulation. Requires any applicant to a federal agency for a permit or approval of a bioproduct, field testing of genetically modified organisms, or environmental impact assessment of genetically modified organisms to submit one copy of that application to the department, at the same time that the application is submitted to the federal agency.

Hawaii

Hawaii Rev. Stat. § 141-8 (2007)

Destruction. Any person who willfully or knowingly damages or destroys any crop, including silviculture, that the person knows is intended for personal, commercial, or research and development purposes by any private or public research facility, federal, state, or local government agency, or university shall be liable for twice the value of the crop or commodity damaged or destroyed.

Hawaii

Hawaii Rev. Stat. § 343-5 (2010)

Regulation. Requires an Environmental Impact Assessment for any marine biotechnology project.

Hawaii

Hawaii Rev. Stat. § 209E-11 (2007)

State Support. Exemption from excise taxes for biotechnology research, development, and production.

Idaho

Idaho Code § 22-2016 (2007)

Regulation. Requires a permit for the shipment or introduction into, or the release within the state of any plant pest, biocontrol agent, or genetically engineered plant or plant pest, or any other organism which may directly or indirectly affect the plant life of this state as an injurious pest, parasite or predator of other organisms, or any arthropod, unless the release is exempted by rule.

Idaho

Idaho Code § 22-413 (2007)

Regulation. Any local laws regulating seed use, labeling, and planting are preempted by state law.

Idaho

Idaho Code § 18-7040 (2007)

Destruction. If a person knowingly damages or destroys an agricultural research facility they have committed the crime of interference, subject to up to 20 years imprisonment or $10,000 in fines.

Illinois

Ill. Rev. Stat. ch. 20 §§ 230/1, 5, 10, 99 (2007)

State Support. Declaration of the General Assembly that needs exist within the state related to the biotechnology industry and authorizes activities to develop the biotechnology sector.

Illinois

Ill. Rev. Stat. ch. 430 §§ 95/0.01 to 11 (2007)

Regulation. Requires designated state departments to oversee the release of genetically engineered organisms and coordinate with federal agencies that grant permits for the releases.

Indiana

Ind. Code §15-4-13-11 (2007)

Regulation. A seed supplier may not enter real property owned or occupied by a farmer unless certain conditions are satisfied. Provides a cause of action to a farmer against a seed supplier if the supplier wrongfully enters the real property owned or occupied by the farmer.

Indiana

Ind. Code § 15-4-1-16 (2007)

Regulation. The state has sole authority over the regulation of seeds. Political subdivisions of the state must petition and be granted special permission to regulate in this area.

Iowa

Iowa Code § 717A.2 (2007)

Destruction. Provides that any person who willfully damages or destroys a crop intended for personal or commercial purposes shall be liable for up to three times the actual and consequential losses.

Iowa

Iowa Code §15E.209 (2007)

State Funding. Agricultural biotechnology qualifies for financing provided by an Iowa agricultural industry finance corporation. The board of directors for the corporation must determine that the enterprise would advance the intent and purposes of the section in order for an agricultural biotechnology enterprise to qualify as an Iowa agricultural industry, and thus, as eligible for financing.

Iowa

Iowa Code § 199.13A (2007)

Regulation. The state has the sole authority to regulate seeds. Regulations that are generally applicable to all commercial activity are excepted.

Iowa

Iowa Code § 717A.1 to 4 (2007)

Destruction. Creates criminal penalties for the willful destruction or unauthorized exercise of control over livestock, animal facilities, crops, or crop facilities. Prohibited activities include the possession, transport, or transfer of a pathogen with the intent to threaten the health of an animal or crop.

Kansas

Kan. Stat. Ann. § 2-1450 (2007)

Regulation. Sole jurisdiction of seed law is in the state government. Any local laws or regulations in this area are invalid.

Kansas

Kan. Stat. Ann. § 74-99b (2007)

State Funding. Provides bonds for the development of biotechnology facilities and research.

Kansas

Kan. Stat. Ann. § 47-1825 to 1827 (2007)

Destruction. Any person who willfully or knowingly damages any crop intended for personal, commercial, research or development purposes shall be liable for up to twice the market value of the crop damaged or destroyed as well as criminal penalties.

Louisiana

La. Rev. Stat. Ann. § 14:56.3 (2007)

Destruction. Outlines and provides definitions for the activities that may be classified as criminal damage to genetically engineered crops, genetically engineered crop facilities, or genetically engineered crop information.

Louisiana

La. Rev. Stat. Ann. § 51:2452 to 2453 (2007)

State Funding. Amends the Louisiana Jobs Quality Act to provide rebates to businesses that create jobs in the biotechnology field.

Louisiana

La. Rev. Stat. Ann. § 33:9039.72 (2008)

State Funding. Includes Biotechnology in the Greater New Orleans Biosciences Economic Development District Act

Maine

Maine Rev. Stat. Ann. tit. 7 § 530-A (2007)

Labeling. Provides voluntary guidelines that allow foods that contain one percent or less genetically engineered ingredients to designate themselves as free of genetic engineering or bioengineering.

Maine

Maine Rev. Stat. Ann. tit. 7 §§ 1051 & 1052 (2007)

Definition. Defines “cross-contamination”, “genetically engineered” and “seed dealer.” A manufacturer of genetically-engineered plants, planting stock or seeds that present a risk of cross-contamination and are sold or distributed in the State is subject to the provisions of this subchapter.

Maine

Maine Rev. Stat. Ann. tit. 7 §§ 1051 & 1055 (2009)

Regulation. Prohibits the open-air production of genetically engineered pharmaceutical crops in the state.

Maine

Maine Rev. Stat. Ann. tit. 7 § 2901-B (2007)

Labeling. The Department of Agriculture must create regulations for the trademark of milk produced in the state, including acceptable levels of growth hormones used in milking herds.

Maine

Maine Rev. Stat. Ann. tit. 36 § 1760 (2007)

State Support. Provides a sales and use tax exemption for machinery and equipment used for biotechnology research.

Massachusetts

 Mass. Gen. Laws ch. 62C § 67D (2007)

State Funding. Makes certain one-time investments in emerging technologies to stimulate job creation and economic opportunity, including investments in the biotechnology sector.

Massachusetts

Mass. Gen. Laws ch. 23I, § 1 to 8 (2007)

State Funding. Establishes the Massachusetts Life Sciences Center to research life sciences and regenerative medicine.

Massachusetts

Mass. Gen. Laws ch. 111L, § 1 to 8 (2010)

Regulation. Prohibits human reproductive cloning.

Maryland

Md. State Government § 2-10A-13 (2010)

Regulation. Creates the Joint Information Technology and Biotechnology Committee.

Maryland

Md. Natural Resources Code § 4-11A-01 to 02 (2007)

Regulation. An aquaculture permit will only be issued for a transgenic or genetically-altered fish if the operator can assure that the stock cannot co-mingle with other fish stocks or otherwise be released in any body of water.

Maryland

Md. General Tax Code § 10-725 (2007)

State Funding. Provides a credit against State taxes for investments in biotechnology companies and establishes the Biotechnology Investment Tax Credit Reserve Fund; also provides for applications, limits, and requires that the department issue final credit certificates.

Michigan

Mich. Comp. Laws §§ 186.905 to 186.907

Definition. Provides definitions for purposes of the Michigan Organic Products Act including those related to genetically modified organisms.

Michigan

Mich. Comp. Laws § 286.874 (2007)

Regulation. A genetically engineered variant of an aquaculture species is not included on the list of approved aquaculture species or included in an aquacluture research permit unless specifically identified.

Michigan

Mich. Comp. Laws § 287.712 (2007)

Regulation. Allows the state to quarantine animals, equipment, vehicles, structures, premises, or any area in the state to control the spread of a known or suspected infectious, contagious or toxicological disease. Genetically modified variants are included in quarantine, or can be exclusively quarantined.

Michigan

Mich. Comp. Laws § 287.731 (2007)

Regulation. Forbids the importation of genetically-engineered organisms or species that have the potential to endanger the health and safety of humans, crops, livestock, wildlife and property. The importer must receive a waiver from the state to certify that the species does not pose a risk.

Michigan

Mich. Comp. Laws §§ 324.41301 to 41311 (2007)

Regulation. A person shall not introduce a prohibited species, a restricted species, or a genetically engineered or nonnative fish or aquatic plant unless they receive a specific permit from the state. Civil fines can be assessed for a violation of this law.

Michigan

Mich. Comp. Laws §324.41323 (2007)

State Oversight.  Creates an invasive species advisory council, whose duties include preventing the introduction of genetically engineered organisms into the environment.

Michigan

Mich. Comp. Laws §§ 324.45901, 41906 to 41908 (2007)

Regulation. A person shall not introduce a prohibited species, a restricted species, or a genetically engineered or nonnative fish or aquatic plant unless they receive a permit from the state. Civil fines can be assessed for violation of this law.

Michigan

Mich. Comp. Laws § 324.48735 (2007)

Regulation. Permits granted to possess live game fish in public or private ponds or the importation of live game fish do not include genetically engineered variants of the fish unless the permit specifically identifies the variant.

Michigan

Mich. Comp. Laws § 286.874(9) (2006)

Definition. A genetically-engineered variant of an aquaculture species shall be defined as a distinct aquaculture species.

Michigan

Mich. Comp. Laws §§ 286.905 to 907 (2007)

Labeling. Biotechnology products and procedures cannot be used in products labeled as organic.

Michigan

Mich. Comp. Laws § 600.2973

Destruction. A person who intentionally damages or destroys all or part of a field crop produced for test or research purposes is liable in civil action for damages, costs and legal fees.

Michigan

Mich. Comp. Laws § 207.801 to 810 (2007)

State Funding. Provides a property tax exemption for property designated as an innovations center in a smart park; includes biotechnology, life science technology and research and development operating expenses.

Michigan

Mich. Comp. Laws § 211.7ii (2007)

State Funding. The Michigan Economic Growth Authority board may provide tax credits for new or retained jobs in technological fields, including biotechnology research and product development.

Minnesota

Minn. Stat. §§ 17.4981 to 17.4997 (2007)

Definition. Includes genetically modified variants in the definition of non-indigenous species for the purpose of aquaculture regulation.

Minnesota

Minn. Stat. §§ 18B.01, 285 (2007)

Regulation. Requires a state permit to use, distribute, or conduct release experiments with genetically engineered pesticides.

Minnesota

Minn. Stat. §§ 18C.005, 310 (2007)

Regulation. Requires a permit for the release of genetically engineered fertilizer, soil amendments, or plant amendments.

Minnesota

Minn. Stat. §§ 18F.01 to 13 (2007)

Regulation. Provides definitions related to the powers and duties of the commissioner pertaining to genetically-engineered agriculturally related organism permits and requires a permit for the release of each genetically engineered agriculturally related organism.

Minnesota

Minn. Stat. § 32.75 (2007)

Regulation. Makes schematics of a biotech processing operation available for public record.

Minnesota

Minn. Stat. § 13:7911 (2006)

Labeling. Voluntary labeling guidelines for dairy herds not treated with artifical growth hormones.

Minnesota

Minn. Stat. §§ 116C.91 to 93 (2007)

State oversight. Creates an advisory committee to advise the Environmental Quality board on biotechnology issues.

Minnesota

Minn. Stat. §§ 116C.94 to 96 (2007)

State oversight. The Environmental Quality board shall adopt rules to require environmental assessment or alternative regulatory oversight for the release of biotechnology.

Minnesota

Minn. Stat. §§ 116J.578 (2008)

State Support. Requires documentation of any publically-financed biotech project of the benefit provided to the state.

Minnesota

Minn. Stat. § 469.331 (2007)

State Support. Creates the Biotechnology and Health Sciences Industry Zones.

Minnesota

Minn. Stat. § 469.1813 (2007)

State Support. Tax authorities may provide an abatement for a variety of businesses, including biotechnology.

Minnesota

2005 Minn. Chapter No. 96

Regulation. Provides for the creation of a working group to study procedures for supervision of the installation of biotechnology piping systems through plan review and inspection.

Mississippi

Miss. Code Ann. § 69-3-1 (2007)

Definition. Provides definitions of transgenic seeds, ones which are derived from biotechnology, among other means.

Mississippi

Miss. Code Ann. § 79-22-9

Regulation. Requires aquaculturists to obtain a cultivation and marketing permit for cultured aquatic products produced from specific aquatic plants and animals including those that have been genetically modified by means other than breeding or cross-breeding.

Mississippi

Miss. Code Ann. § 41-23-43 (2007)

Definition. Defines "Bioterrorism" to include product engineered as a result of biotechnology.

Mississippi

Miss. Code Ann. § 69-47-1 (2007)

Labeling. Production techniques that do not include genetic engineering is one of the requirements for a food to be labeled as organic.

Mississippi

Miss. Code Ann. § 79-22-9 (2007)

Regulation. Requires a permit to produce aquatic plants or animals which have been genetically modified or are to be genetically modified by means other than breeding and crossbreeding.

Missouri

Mo. Rev. Stat. § 537.353 (2007)

Destruction. Sets damages at double for the destruction of any field crop product that is grown for testing or research purposes in the context of a product development program in conjunction or coordination with a private research facility, a university, or any federal, state or local government agency.

Missouri

Mo. Rev. Stat. § 578.416 (2007)

Destruction. Provides civil and criminal charges for persons who knowingly or intentionally damage or destroy any field crop.

Missouri

Mo. Rev. Stat. § 620.1500 (2007)

State oversight. Creates the Governor’s Advisory Council on Agricultural Science and Technology, which advises the governor on science and technology issues in agriculture, including biotechnology.

Montana

Mont. Code Ann. §80-20-103 to 104 (2007)

Destruction. Prohibits the acquisition or control over a crop research facility, a crop from a crop research facility, or other property from a crop research facility with the intent to deprive the owner of the facility, crop, or property or to damage the enterprise conducted at the crop research facility.

Nebraska

Neb. Rev. Stat. § 2-10,113 to 115 (2007)

Regulation. Prohibits any person from importing into Nebraska or distributing within the state any non-indigenous biological control agent or genetically engineered plant organism to be used in the open environment without a permit as set forth in rules and regulations. A permit will not be required under this section if a permit has been issued under the Federal Insecticide, Fungicide, and Rodenticide Act.

Nebraska

Neb. Rev. Stat. § 50-501 (2007)

Regulation. The Legislature shall develop a statewide strategic plan for biotechnology, addressing strategies for developing the biotechnology economy.

Nebraska

Neb. Rev. Stat. § 2-1079.02 (2007)

Definition. Defines "genetically engineered plant organism" to mean an organism altered or produced through genetic modification from a donor, vector, or recipient organism using recombinant deoxyribonucleic acid techniques.

Nebraska

Neb. Rev. Stat. § 81-1201.4(7) (2007)

State Support. The Commission on Economic Development to address biotechnology.

New Hampshire

N.H. Rev. Stat. Ann. §§ 79:2 to 3 (2007)

State Support. Exempts genetically-engineered trees grown for short-rotation fiber from general timber yield taxes. However, property taxes, from which timber crops are exempt, are applicable to genetically-engineered trees.

New Hampshire

N.H. Rev. Stat. Ann. § 539:9 (2007)

Destruction. A person who knowingly destroys a crop is liable in civil court for up to ten times the market value of the crop destroyed. Additionally, if the damage is more than $10,000, the person has committed a class B felony. If the damage is less than $10,000, the person has committed a misdemeanor.

New Jersey

N.J. Stat. §§ 52:9X-1 to 13 (2007)

State Funding. Establishes the Commission on Science and Technology to encourage the development of the biotechnology and high technology industries in New Jersey.

New Jersey

N.J. Stat. § 34:1B-7.42a (2007)

State Funding. Provides tax exemptions for qualified technology and biotechnology businesses, to be determined by the New Jersey Emerging Technology and Biotechnology Financial Assistance Program.

New Jersey

N.J. Stat. § 18A:64J-15 to 21 (2007)

State Funding. Establishes Biotechnology center to promote biotechnology grants and research in New Jersey.

New Jersey

N.J. Stat. § 40:8C-2 (2007)

Regulation. Prohibits local governments from regulating biotechnology.

New Jersey

N.J. Rev. Stat. § 2C:38-3

Definition. Defines "biological agent" as a biological product that may be engineered as a result of biotechnology, among other things.

New Jersey

N.J. Rev. Stat. § 47:1A-1.7 (2001)

Regulation. Access to biotechnology trade secrets by state and local agencies available only as allowed by federal law

New Jersey

Chapter No. 14 (2004)

State Funding. Authorizes the issuance of special indebtedness to finance vital state facilities for health care and biotechnology research

New Mexico

N.M. Stat. Ann. § 21-1-27.2

State Funding. Technological enhancement fund created to assist research universities in providing matching funding for innovative research, such as biotechnology and biomedicine.

New Mexico

N.M. Stat. Ann. § 25-10-4

State Support. Directs the University of New Mexico to conduct biotechnology research to develop faster growing piñon trees suitable to New Mexico’s climate.

New York

24 NY 18B s.957

 

New York

N.Y. Public Authorities 10-A § 3102-b

State Support. Centers for Advanced Technology, including biotechnology

North Carolina

N.C. Gen. Stat. § 143B-437.44 to 48  (2007)

State Funding. Creates the e-NC authority to continue the work of the rural Internet access authority to support development of emerging technology-based sectors such as biotechnology and nanotechnology as well as continued competitiveness of traditional industries; includes provisions for distressed urban areas where more than a specified percentage of school children meet requirements for free lunches

North Carolina

N.C. Gen. Stat. § 1-539.2B (2007)

Destruction. Civil liability for the intentional destruction of agricultural commodities for double the value of the commodities destroyed.

North Carolina

N.C. Gen. Stat. § 130A-479 (2007)

Regulation. Requires registration of biological agents, including genetically modified microorganisms that contain coding for a factor associated with a disease or toxin.

North Dakota

N.D. Cent. Code § 4-24-13 (2007)

Regulation. Outlines the methodology to be used for one farmer to determine whether another farmer has committed patent infringement with regards to genetically modified crops.

North Dakota

N.D. Cent. Code § 4-09-02.1 (2007)

Regulation. Prohibits local government from regulating seeds, with the exception of general city zoning laws.

North Dakota

N.D. Cent. Code § 32-03-53 (2007)

Destruction. Creates civil liability for the intentional destruction of commercial, personal, test, or research crops.

Ohio

Ohio Rev. Code § 2923.31(M) (2007)

Destruction. Attacks on animal operation include animals developed through biotechnology.

Ohio

Ohio Rev. Code § 2927.24 (2007)

Regulation. Prohibits anyone from making a false claim that an agent, including agents created by biotechnology, are in any food or drink.

Ohio

Ohio Rev. Code § 901.511 (2007)

Destruction. Creates criminal liability for the destruction of an agricultural product or equipment with the intent to: (1) intimidate or coerce a civilian population; (2) influence the policy of any government by intimidation or coercion; (3) affect the conduct of any government; or (4) interrupt or interfere with agricultural production, research, or equipment to intimidate or influence consumer confidence or agricultural production methods.

Oklahoma

Okla. Stat. tit. 2 §§ 11-35 to 11-42 (2007)

Regulation. Requires a permit to maintain, move, and release a genetically modified organism, and gives the Department of Agriculture authority to quarantine or destroy GMOs and inspect facilities to ensure the law is being followed.

Oklahoma

Okla. Stat. tit. 2 §§ 5-104 to 5-106 (2007)

Destruction. Creates criminal liability for the destruction of crops, animals, crop facilities, and animal facilities.

Oklahoma

Okla. Stat. tit. 2 § 8-26.1 (2007)

Regulation. The legislature preempts the entire field of seed regulation, excepting local regulations related to taxation.

Oklahoma

Okla. Stat. tit. 74 §§ 5060.3 to 5060.6

State Support. Establishes the Oklahoma Center for the Advancement of Science and Technology, whose mission includes conducting and funding biotechnology research.

Oregon

Or. Rev. Stat. § 164.889 (2007)

Destruction. Creates the offense of interference with agricultural operations if a person intentionally or knowingly obstructs, impairs, hinders or attempts to obstruct, impair or hinder agricultural operations.

Oregon

Or. Rev. Stat. § 164.887 (2007)

Destruction. Creates the crime of interference with agricultural research if the person knowingly damages, causes damage or release animals from a research facility.

Oregon

Or. Rev. Stat. § 16.388 (2007)

Destruction. Creates the crime of interference with livestock if the person knowingly damages, vandalizes or releases animals from a livestock facility.

Oregon

Or. Rev. Stat. § 561.738 to 740(2007)

Regulation. Authorizes the state department of Agriculture and Department of Health to regulation biopharmaceuticals.

Pennsylvania

3 Pa. Cons. Stat. § 5906 (2007)

Labeling. Animals labeled as organic cannot be produced using growth promoters or hormones.

Pennsylvania

3 Pa. Cons. Stat. § 7120 (2007)

Regulation. Prohibits any political subdivision or home rule municipality from prohibiting or regulate the labeling, sale, distribution or use of seeds, including genetically-modified seed.

Pennsylvania

18 Pa. Cons. Stat. § 3310 (2007)

Destruction. Establishes criminal liability, which includes restitution, for the destruction of commercial or research crops.

Pennsylvania

42 Pa. Cons. Stat. § 8313 (2007)

Destruction. Establishes civil liability for the destruction of commercial and research crops.

Pennsylvania

35 Pa. Cons. Stat. § 5701.1701 (2007)

State Support. Creates the Regional Biotecnology Research Centers.

Rhode Island

R.I. Gen. Laws § 39-3-43

(2006)

Regulation. Requires the Kent County Water Authority to provide water for biotech facilities in their county.

Rhode Island

R.I. Gen. Laws § 44-31-1.1

(2006)

State Funding. Provides for a biotechnology investment tax credit.

South Carolina

S.C. Code Ann. § 46-1-75 (2007)

Destruction. Provides penalties for the destruction of a farm product, research facility, or research equipment used for testing or research.

South Carolina

S.C. Code Ann. § 46-9-15 (2006)

Plant Pests. Defines genetically-engineered organism for purposes of the state plant pest law.

South Carolina

S.C. Code Ann. § 46-9-40 (2006)

Plant Pests. Authorizes the State Crop Pest Commission to promulgate regulations to eradicate or prevent the introduction, spread, or dissemination of plant pests, including genetically engineered plants

South Dakota

S.D. Codified Laws Ann. § 38-12A-31 (2006)

Regulation. Allows the use of certain federal permits in South Dakota relating to genetically-modified organisms

South Dakota

S.D. Codified Laws Ann. § 21-60-1 (2006)

Destruction. Prohibits persons other than the owner to damage or destroy any field crop, animal, or organism product that is grown for personal or commercial purposes, or for testing or research purposes. This section does not apply to crops, animals, or organism damaged or destroyed by emergency vehicles and personnel acting in a reasonable and prudent manner.

South Dakota

S.D. Codified Laws Ann. §§ 38-1-44 to 50

Regulation. Creates procedures for a transgenic seed patent holder to take samples from a seed user, including permission of the farmer and availability of a court order and protective orders.

Texas

Texas Gov't. Code Ann. § 488.001 to 488.006 (2001)

State Funding. Establishes the Southeast Texas Biotechnology Park.

Texas

Texas Gov't. Code Ann. § 490 (2006)

State Funding. Establishes the Texas Emerging Technology Fund, which may provide funds for biotechnology.

Utah

Utah Code Ann. §§ 63-38f-1002 to 1003 (2007)

Regulation.  A state agency having access under federal law to biotechnology trade secrets and related confidential information shall manage the trade secrets and related confidential records as protected records. A county, city, town, or other political subdivision may not regulate the technological processes relating to the development and use of biotechnologically created materials and organisms. This preemption does not affect the powers of a county, city, town, or other political subdivision, including but not limited to the power to regulate land use, business, industry, construction, and public utilities, to protect the public health or environment, or to provide fire protection and other public safety services.

Utah

Utah Code Ann. §§ 76-6-109 to 110 (2007)

Destruction. Enhanced sentencing statute for offenses committed against the agricultural industry with the intent to halt, impede, obstruct, or interfere with lawful enterprises such as crops and livestock.

Vermont

Vt. Stat. Ann. tit. 6 § 1030

Definitions. Provides definitions relative to the Pest Urvey, Detetion, and Management Act, including definitions related to biotechnology and genetically modified organisms.

Vermont

Vt. Stat. Ann. Tit. 6 § 611

Regulation. Requires certification and identification of all genetically modified seeds.

Vermont

Vt. Stat. Ann. Tit. 6 § 644

Labeling. Requires genetic engineering information to be included on seed labels.

Vermont

Vt. Stat. Ann. Tit. 6 §§ 2760 to 2768

Labeling. Voluntary labeling guidelines for dairy products produced from herds not treated with growth hormones.

Virginia

Va. Code § 3.1-275.4 (2007)

Labeling. Requires all transgenic seeds sold in Virginia to be labeled as such.

Virginia

Va. Code §§ 2.2-5500 to 5509 (2007)

Regulation. Requires public notification and opportunities for public comment on all releases of biotechnology. This regulation preempts all local regulations.

Virginia

Va. Code §§ 2.2-2233.2 (2006)

State Support. Establishes the Biotechnology Commercialization Loan Fund.

Virginia

Va. Code §§ 18.2-46.7 (2007)

Destruction. Destruction of agricultural crops or animals having a value greater than $2500 through biological substance designed to intimidate or influence the public is guilty of a Class 3 felony.

Washington

Wash. Rev. Code §17.24.007 (2007)

Definitions. Provides definitions to be used in the regulation of plant, plant product, bee movement and genetically engineered organisms.

Washington

Wash. Rev. Code § 17.24.011 (2007)

Regulation. Authorizes the state to make rules regulating the transit of genetically modified organisms to prevent introduction of exotic species into Washington.

Washington

Wash. Rev. Code § 17.24.041 (2007)

Regulation. Authorizes the state to quarantine an area of the state, or other states and countries to avoid contamination by genetically engineered organisms.

Washington

Wash. Rev. Code § 17.24.051 (2007)

Regulation. Prohibits the introduction of genetically engineered plants without a permit from the state, unless there is a federal permit for the release.

West Virginia

W. Va. Code § 19-19-6 (2006)

Destruction. Any person or legal entity who willfully and knowingly damages or destroys, or allows an instrumentality within their control to damage or destroy a sylvicultural or agricultural field test crop that is grown for personal, commercial, or for testing or research purposes in the context of a product development program in conjunction or coordination with a private research facility or a university or any federal, state or local government agency, shall be liable for twice the market value of the crop damaged or destroyed prior to damage or destruction.

West Virginia

W. Va. Code § 19-12-2 (2007)

Definition. Defines genetically modified organism as any organism altered or produced through genetic modification from a donor, vector, or recipient organisms using modern molecular techniques.

Wisconsin

Wis. Stat. § 146.60 (2006)

Regulation. Requires the notification to the state 7 days prior to the release of genetically engineered organisms into the environment. All Confidential Business Information related to the organism must be included in the release, among other requirements.

Wisconsin

Wis. Stat. § 97.25 (2007)

Labeling. Voluntary labeling guidelines for dairy products produced with cows not treated with synthetic bovine growth hormones.

 Source: National Conference of State Legislatures, 2011