§ 9-107. Genetically engineered or genetically modified organisms;
affirmative defense. Any party who is sued for damages for any claim on
the ground that the party possessed or used seeds or plants that
contained genetically engineered or genetically modified organisms
without entering into an agreement or paying fees to the manufacturer or
licensed distributor of such genetically engineered or genetically
modified organisms shall have an affirmative defense against any
liability if the party shall show that he or she did not knowingly and
intentionally introduce the genetically engineered or genetically
modified organisms into his or her plants or seeds or onto his or her
property and he or she did not knowingly gain from the distinctive
traits due to genetic modification or genetic engineering.