DNAprotection
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Still in draft stage, can you help make this proposed law better?
‘The Freedom to Garden Human Rights Restoration And Natural Seed & Plant DNA Protection Act’ An Act to restore and protect the natural Human Right to grow and use natural seeds and plants for the basic necessities of life.
Whereas in the State of (here using the Ca. example where any state/county etc can be inserted/substituted) California, the People of the County of Lake do hereby Find, Declare and Ordain as follows:
When in the course of human events, it becomes necessary for people to declare and restore the fundamental human rights with which they are naturally endowed, and to assume among the powers of the earth, the equal station to which the laws of nature and of nature’s origins entitle them, and to recognize a decent respect for the opinions of humankind, requires that they should declare the causes which compel them to come forward toward the restoration of those rights.
We hold these truths to be self-evident:
That human beings are naturally endowed with certain rights, and that among these are life, liberty and the pursuit of happiness, and that to secure these rights, governments are instituted, deriving their just powers from the consent of the governed, and that whenever any form of government becomes destructive of these ends, it is the right of the people to declare, restore and protect such inherent self evident human rights in effort to repair such governmental negligence, and to enumerate such in a form as to them shall seem most likely to effect their safety and happiness. Therefore, in accordance with the 9th Amendment of the Constitution of the United States of America,
Amendment IX:
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”,
and also in accordance with the (using the Ca. example where any other state and state constitution can be sited inserted/substituted in this regard) California State Constitution, Article 1 Declaration of Rights, Section 24.:
(states vary slightly on how they word this part, this is the CA. example)
“This declaration of rights may not be construed to impair or deny others retained by the people.”,
and, whereas disregard and contempt for certain human rights have resulted in acts which have outraged the conscience of humankind, be it here proclaimed that it has become necessary to declare, restore and specifically protect the self evident inherent freedom to grow and use natural seeds and the plants thereof as described and defined in Section 4.(d) herein, and to protect the same natural seeds and plants from cross pollination induced genetic modifications or other contamination’s related to genetically engineered DNA:
Section 1., Findings: That human beings are naturally endowed with the fundamental self evident right to have and plant the naturally occurring seeds of this earth, as defined in Sec 4 (d) herein, and care for the naturally occurring plants thereof , to be used for their own needs as individuals in pursuit of life and in effort to live, and that such fundamental human rights have been recognized as self evident, and that these rights are held in perpetuity outside and apart from the jurisdictional responsibility of government to regulate commercial endeavors and activities as defined in Sec 4 (a) herein. And further, that commercial jurisdiction has allowed for the genetic engineering of DNA, seeds and plants and has allowed for the privatizing/patenting and legal protections of such which has left all naturally occurring seeds and plants legally unprotected and physically vulnerable to irreparable genetic modifications from cross pollination contamination with said genetically engineered DNA, seeds and plants, and that human beings have a naturally endowed right to have and plant the naturally occurring seeds and plants of this earth free of genetic modifications stemming from contamination from genetically engineered DNA, seeds and plants.
Section 1.(a)
That all (example)County of Lake residents residing within the (example)unincorporated areas of the County who exercise the rights described in Section 1. of this Act at their residence within said area, and are compliant with Section 2., Section 2.(a) and all other Sections and provisions of this Act, and are gardening outside (outdoors) or in a greenhouse (and not withstanding any generally applicable urgency ordinance(s) specifically relating to water conservation), are, as accorded in the paragraphs above, necessarily exempt from any county permitting or other state statutes that would limit an individual’s home gardening efforts or abilities in conjunction with Section 1.
Section 2., Responsibilities:
Any individual exercising the rights and exemptions described in Section 1., and Section 1.(a) of this Act, shall be in compliance with all other provisions of this Act, and shall take reasonable care to prevent all negative impacts on the environment relating to all types of run off or any other preventable negative impacts to the environment including any toxic health risks to humans related to the growing and processing of natural seeds and plants, and any individual exercising the rights and exemptions described in Section 1., and Section 1.(a) of this Act, shall be responsible to mitigate any circumstances of negative impacts to the environment or possible toxic health risks to humans related to the growing and processing of natural seeds and plants as determined and directed by the (example)county Environmental Health Department as directed by Section 2.(a), in response to any complaint or other circumstance as described in Section 2.(a) herein.
Section 2.(a)
The (example)County of Lake Environmental Health Department shall respond and administer to complaints and other circumstances that may arise related to Section 2., and Section 3.(b) of this Act, and shall develop whatever standards, protocols, definitions and appeals processes necessary to implement its authority under this Act as consistent with existing law and as described in Section 2., and in Section 3.(b) herein pertaining to protecting the environment and guarding against public health risks as long as such standards, protocols, definitions and appeals processes are not in conflict with any Sections, provisions or definitions of this Act, and all such administrative authority and compliance inquiries shall be restricted to circumstances where a neighbor (or other resident of the county) complaint in writing and signed by the complainant has been officially registered with the county, except In circumstances of a clear and present immediate toxic threat to public health, in which case(s) a written and signed complaint is not required.
Section 3., Special Circumstances:
Any law, to the extent that it would specifically deny or disparage the Human Rights as described in Section 1. of this Act, is to be set aside unless it can be determined that the individual circumstance is occurring within the context of commerce related activities as defined in Section 4.(a) herein, or if an individual’s violation(s) of Section 2. or Section 2.(a) of this Act are to the extent of violating a criminal statute, or if an individual is in violation of using illegal gardening chemicals, including but not limited to, certain pesticides, herbicides, fungicides and fertilizers.
Section 3.(a)
This Act shall not apply in circumstances where (a) private rental or lease agreement(s) (contract) exist(s) pertaining to the occupancy and or use of any private land unless such is otherwise specifically enumerated within said agreement(s) (contract), or unless the agreement(s) (contract) does not specify any conditions or agreement pertaining to outside (or greenhouse) home gardening.
Section 3.(b)
In effort to further assure protection of the restored rights and the other needed protections established by this Act, the (example)county Environmental Health Department shall continually remain vigilant to do everything possible within it’s authority under law to protect all naturally occurring seeds and plants from cross pollination or any other contamination’s related to genetically engineered DNA, including, but not limited to not allowing open air grown genetically engineered crops.
(continued on next post)
‘The Freedom to Garden Human Rights Restoration And Natural Seed & Plant DNA Protection Act’ An Act to restore and protect the natural Human Right to grow and use natural seeds and plants for the basic necessities of life.
Whereas in the State of (here using the Ca. example where any state/county etc can be inserted/substituted) California, the People of the County of Lake do hereby Find, Declare and Ordain as follows:
When in the course of human events, it becomes necessary for people to declare and restore the fundamental human rights with which they are naturally endowed, and to assume among the powers of the earth, the equal station to which the laws of nature and of nature’s origins entitle them, and to recognize a decent respect for the opinions of humankind, requires that they should declare the causes which compel them to come forward toward the restoration of those rights.
We hold these truths to be self-evident:
That human beings are naturally endowed with certain rights, and that among these are life, liberty and the pursuit of happiness, and that to secure these rights, governments are instituted, deriving their just powers from the consent of the governed, and that whenever any form of government becomes destructive of these ends, it is the right of the people to declare, restore and protect such inherent self evident human rights in effort to repair such governmental negligence, and to enumerate such in a form as to them shall seem most likely to effect their safety and happiness. Therefore, in accordance with the 9th Amendment of the Constitution of the United States of America,
Amendment IX:
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”,
and also in accordance with the (using the Ca. example where any other state and state constitution can be sited inserted/substituted in this regard) California State Constitution, Article 1 Declaration of Rights, Section 24.:
(states vary slightly on how they word this part, this is the CA. example)
“This declaration of rights may not be construed to impair or deny others retained by the people.”,
and, whereas disregard and contempt for certain human rights have resulted in acts which have outraged the conscience of humankind, be it here proclaimed that it has become necessary to declare, restore and specifically protect the self evident inherent freedom to grow and use natural seeds and the plants thereof as described and defined in Section 4.(d) herein, and to protect the same natural seeds and plants from cross pollination induced genetic modifications or other contamination’s related to genetically engineered DNA:
Section 1., Findings: That human beings are naturally endowed with the fundamental self evident right to have and plant the naturally occurring seeds of this earth, as defined in Sec 4 (d) herein, and care for the naturally occurring plants thereof , to be used for their own needs as individuals in pursuit of life and in effort to live, and that such fundamental human rights have been recognized as self evident, and that these rights are held in perpetuity outside and apart from the jurisdictional responsibility of government to regulate commercial endeavors and activities as defined in Sec 4 (a) herein. And further, that commercial jurisdiction has allowed for the genetic engineering of DNA, seeds and plants and has allowed for the privatizing/patenting and legal protections of such which has left all naturally occurring seeds and plants legally unprotected and physically vulnerable to irreparable genetic modifications from cross pollination contamination with said genetically engineered DNA, seeds and plants, and that human beings have a naturally endowed right to have and plant the naturally occurring seeds and plants of this earth free of genetic modifications stemming from contamination from genetically engineered DNA, seeds and plants.
Section 1.(a)
That all (example)County of Lake residents residing within the (example)unincorporated areas of the County who exercise the rights described in Section 1. of this Act at their residence within said area, and are compliant with Section 2., Section 2.(a) and all other Sections and provisions of this Act, and are gardening outside (outdoors) or in a greenhouse (and not withstanding any generally applicable urgency ordinance(s) specifically relating to water conservation), are, as accorded in the paragraphs above, necessarily exempt from any county permitting or other state statutes that would limit an individual’s home gardening efforts or abilities in conjunction with Section 1.
Section 2., Responsibilities:
Any individual exercising the rights and exemptions described in Section 1., and Section 1.(a) of this Act, shall be in compliance with all other provisions of this Act, and shall take reasonable care to prevent all negative impacts on the environment relating to all types of run off or any other preventable negative impacts to the environment including any toxic health risks to humans related to the growing and processing of natural seeds and plants, and any individual exercising the rights and exemptions described in Section 1., and Section 1.(a) of this Act, shall be responsible to mitigate any circumstances of negative impacts to the environment or possible toxic health risks to humans related to the growing and processing of natural seeds and plants as determined and directed by the (example)county Environmental Health Department as directed by Section 2.(a), in response to any complaint or other circumstance as described in Section 2.(a) herein.
Section 2.(a)
The (example)County of Lake Environmental Health Department shall respond and administer to complaints and other circumstances that may arise related to Section 2., and Section 3.(b) of this Act, and shall develop whatever standards, protocols, definitions and appeals processes necessary to implement its authority under this Act as consistent with existing law and as described in Section 2., and in Section 3.(b) herein pertaining to protecting the environment and guarding against public health risks as long as such standards, protocols, definitions and appeals processes are not in conflict with any Sections, provisions or definitions of this Act, and all such administrative authority and compliance inquiries shall be restricted to circumstances where a neighbor (or other resident of the county) complaint in writing and signed by the complainant has been officially registered with the county, except In circumstances of a clear and present immediate toxic threat to public health, in which case(s) a written and signed complaint is not required.
Section 3., Special Circumstances:
Any law, to the extent that it would specifically deny or disparage the Human Rights as described in Section 1. of this Act, is to be set aside unless it can be determined that the individual circumstance is occurring within the context of commerce related activities as defined in Section 4.(a) herein, or if an individual’s violation(s) of Section 2. or Section 2.(a) of this Act are to the extent of violating a criminal statute, or if an individual is in violation of using illegal gardening chemicals, including but not limited to, certain pesticides, herbicides, fungicides and fertilizers.
Section 3.(a)
This Act shall not apply in circumstances where (a) private rental or lease agreement(s) (contract) exist(s) pertaining to the occupancy and or use of any private land unless such is otherwise specifically enumerated within said agreement(s) (contract), or unless the agreement(s) (contract) does not specify any conditions or agreement pertaining to outside (or greenhouse) home gardening.
Section 3.(b)
In effort to further assure protection of the restored rights and the other needed protections established by this Act, the (example)county Environmental Health Department shall continually remain vigilant to do everything possible within it’s authority under law to protect all naturally occurring seeds and plants from cross pollination or any other contamination’s related to genetically engineered DNA, including, but not limited to not allowing open air grown genetically engineered crops.
(continued on next post)