Mendocino County Municipal Code Ch. 10A.15 Prohibition on the Propagation, Cultivation, Raising and Growing Of…

The people of Mendocino County wish to protect the County's agriculture, environment, economy, and private property from genetic pollution by genetically modified organisms. (Measure H-2004, passed March 2, 2004.)

It shall be unlawful for any person, firm, or corporation to propagate, cultivate, raise, or grow genetically modified organisms in Mendocino County. (Measure H-2004, passed March 2, 2004.)

(A) "Agricultural Commissioner" means the Agricultural Commissioner of Mendocino County.

(B) "DNA" or "deoxyribonucleic acid" means a nucleic acid that is present in every cell of an organism and is the "blueprint" for the organism's development.

(C) "Genetically modified organism" means an organism, or the genetic descendant of an organism, which has been altered by genetic engineering, including, but not limited to, organisms whose native intrinsic DNA has been intentionally altered or amended with same-species and/or non-species specific DNA.

(D) "Genetic engineering" means altering or amending the genetic material of an organism by using (1) methods such as gene deletion, gene doubling, introducing a foreign gene, or changing the position of genes, including cell fusion, microencapsulation, macroencapsulation, gene splicing, and other similar processes; or (2) gene editing systems, such as CRISPR-Cas9, which directly edits DNA within an organism without necessarily inserting new genes. For purposes of this Chapter, genetic engineering does not include techniques such as traditional selective breeding, conjugation, transduction, fermentation, hybridization, in vitro fertilization, tissue culture, or to microorganisms created by moving genes or gene segments between unrelated bacteria; provided, however, that the use of genetically modified organisms in any of the preceding techniques does constitute genetic engineering.

(E) "Organism" means any biological entity capable of replication, reproduction, or transferal of genetic material.

(Measure H-2004, passed March 2, 2004.)

(Ord. No. 4487, § 1, 2-23-2021)

(A) The Agricultural Commissioner shall notify any person, firm, or corporation that may be in violation of Section 10A.15.020 of this Chapter, that any organisms in violation of this Chapter are subject to confiscation and destruction.

(B) Any person, firm, or corporation that receives notification under subsection (A) shall have five (5) days to respond to such notification with evidence that such organisms are not in violation of this Chapter.

(C) Upon receipt of any evidence under subsection (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 Chapter exists, the Agricultural Commissioner shall cause to be confiscated and destroyed any such organisms that are in violation of this Chapter before any genetic pollution may occur.

(E) If the Agricultural Commissioner determines there has been a violation of this Chapter, 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.

(Measure H-2004, passed March 2, 2004.)