Text: HF02012 Text: HF02014 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 22.7, Code Supplement 1999, is amended 1 2 by adding the following new subsection: 1 3 NEW SUBSECTION. 39. The information contained in a 1 4 registration required for the genetic engineering of yellow 1 5 hilum soybeans as provided in section 199A.3. 1 6 Sec. 2. Section 199.3, Code 1999, is amended by adding the 1 7 following new subsection: 1 8 NEW SUBSECTION. 7. A person distributing seed used to 1 9 produce genetically engineered yellow hilum soybeans shall 1 10 include the notice required pursuant to section 199A.2 on the 1 11 label. 1 12 Sec. 3. NEW SECTION. 199A.1 DEFINITIONS. 1 13 1. "Distribute" means to offer for sale, sell, hold out 1 14 for sale, exchange, barter, supply, or furnish soybeans on a 1 15 commercial basis. 1 16 2. "Genetic engineering" means to alter the genetic 1 17 characteristics of a seed or plant by modifying the 1 18 deoxyribonucleic acid of the seed or a plant in a manner other 1 19 than by breeding. 1 20 3. "Sale" or "sell" means a commercial transfer or offer 1 21 for sale and distribution in any manner. 1 22 4. "Seed labeler" means a person required to label seed as 1 23 provided in section 199.3 or 199.4. 1 24 5. "Yellow hilum soybean" means any variety of soybean 1 25 which has a white, yellow, or clear hilum, including any 1 26 soybean commonly referred to as a "yellow hilum soybean", a 1 27 "white hilum soybean", or a "clear hilum soybean", as 1 28 designated by rules adopted by the department pursuant to 1 29 section section 199A.4. 1 30 Sec. 4. NEW SECTION. 199A.2 GENETIC MODIFICATION OF 1 31 YELLOW HILUM SOYBEANS REGISTRATION REQUIRED. 1 32 1. A person shall not engage in the genetic engineering of 1 33 yellow hilum soybeans, unless the person registers with the 1 34 department as provided in this section. 1 35 a. The person shall register with the department each year 2 1 in a manner and on forms prescribed by the department. The 2 2 registration shall include a description of the type of 2 3 genetic engineering conducted and the purpose of the genetic 2 4 engineering. 2 5 b. The registration information is not required to contain 2 6 a trade secret. The registration information is a 2 7 confidential record as provided in section 22.7, except the 2 8 attorney general may review the information and take 2 9 appropriate action when necessary. 2 10 2. If the department determines that a registration 2 11 application does not comply with the requirements of this 2 12 chapter, the department shall notify the applicant of the 2 13 department's determination and the reasons why the application 2 14 fails to comply with the requirements of this chapter. The 2 15 department shall provide the applicant with an opportunity to 2 16 make the necessary corrections before resubmitting the 2 17 application. 2 18 3. Information from registrations that does not identify a 2 19 registrant shall be made available to members of the general 2 20 assembly and appropriate committees of the general assembly 2 21 upon request. 2 22 4. The department shall notify the office of attorney 2 23 general when the department has reason to believe that a 2 24 violation of this section has occurred. 2 25 Sec. 5. NEW SECTION. 199A.3 DISTRIBUTION OF GENETICALLY 2 26 ENGINEERED YELLOW HILUM SOYBEANS. 2 27 1. A person shall not distribute seed for use in this 2 28 state to produce genetically engineered yellow hilum soybeans. 2 29 2. A person, other than a person registered pursuant to 2 30 section 199A.2, shall not knowingly produce genetically 2 31 engineered yellow hilum soybeans. A person who purchases 2 32 seed subject to the notice requirements of this section shall 2 33 be presumed to have such knowledge. 2 34 3. a. A seed labeler shall not sell seed used to produce 2 35 genetically engineered yellow hilum soybeans, unless the label 3 1 or placard required pursuant to section 199.3 or 199.4 3 2 provides a notice in the following form: 3 3 GENETICALLY MODIFIED YELLOW HILUM SOYBEANS 3 4 THESE YELLOW HILUM SOYBEANS HAVE BEEN GENETICALLY MODIFIED. 3 5 IOWA CODE SECTION 199A.3 PROHIBITS A PERSON FROM GROWING 3 6 SOYBEANS FROM THESE SEEDS IN IOWA OR SELLING THESE SEEDS FOR 3 7 GROWING SOYBEANS IN IOWA. YOU ARE URGED TO CONSULT A LICENSED 3 8 ATTORNEY. 3 9 b. The notice shall appear in black letters a minimum of 3 10 one inch high. 3 11 Sec. 6. NEW SECTION. 199A.4 RULEMAKING. 3 12 The department shall adopt all rules necessary to 3 13 administer this chapter including, but not limited to, rules 3 14 regulating labeling, registration, and distribution of seeds 3 15 used to produce genetically engineered yellow hilum soybeans. 3 16 The rules shall classify varieties of soybeans that are yellow 3 17 hilum soybeans governed under this chapter according to 3 18 criteria established by the department in consultation with 3 19 Iowa state university of science and technology. A violation 3 20 of this chapter includes a violation of any rule adopted 3 21 pursuant to this section as provided in chapter 17A. 3 22 Sec. 7. NEW SECTION. 199A.5 ENFORCEMENT. 3 23 In enforcing this chapter, the department may do any of the 3 24 following: 3 25 1. Take disciplinary action concerning a registration 3 26 required pursuant to section 199A.2. The department may 3 27 suspend, cancel, or deny an application for registration. The 3 28 disciplinary action must be based upon evidence satisfactory 3 29 to the department that the registrant has violated this 3 30 chapter. 3 31 2. Issue and enforce a stop sale, use, or removal order 3 32 against the owner or distributor of any lot of seed used or 3 33 distributed in violation of this chapter. 3 34 a. The order may require that the seed be held at a 3 35 designated place until released by the department. 4 1 b. The department shall release the seed pursuant to a 4 2 release order upon receiving satisfactory evidence that legal 4 3 issues compelling the issuance of the stop sale, use, or 4 4 removal order have been resolved and all expenses incurred by 4 5 the department in connection with the seed's removal have been 4 6 paid to the department. 4 7 3. Seize and dispose of any lot of seed which is not in 4 8 compliance with the provisions of this chapter upon petition 4 9 to the district court in the county or adjoining county in 4 10 which the seed is located. The department shall, as provided 4 11 in the court order, dispose of the seed in a manner consistent 4 12 with the laws of this state. If the court finds that the seed 4 13 has been distributed or used in violation of this chapter, the 4 14 court may order the condemnation of the seed. 4 15 4. Apply to the district court in the county where a 4 16 violation of this chapter occurs for a temporary or permanent 4 17 injunction restraining a person from violating or continuing 4 18 to violate this chapter, notwithstanding the existence of 4 19 other remedies at law. The injunction shall be issued without 4 20 a bond. 4 21 This section does not require the department to institute a 4 22 proceeding for a minor violation if the department concludes 4 23 that the public interest will be best served by a suitable 4 24 written warning. 4 25 Sec. 8. NEW SECTION. 199A.6 VIOLATIONS. 4 26 1. A person violating a provision of this chapter is 4 27 subject to a civil penalty of not more than ten thousand 4 28 dollars. 4 29 2. If, after a departmental investigation, it appears that 4 30 a person is in violation of this chapter, the department shall 4 31 notify the person of the violation and provide the person with 4 32 an opportunity to be heard under rules adopted by the 4 33 department consistent with chapter 17A contested case 4 34 proceedings. 4 35 3. If, after a hearing, the department determines that a 5 1 violation has occurred, the department may report the 5 2 violation to the attorney general or the appropriate county 5 3 attorney for prosecution. The report shall include a 5 4 certified copy of evidence presented during the hearing. This 5 5 section does not require the department to report a minor 5 6 violation for prosecution if the department concludes that the 5 7 public interest will be best served by a suitable written 5 8 warning. 5 9 4. A county attorney who receives a report of a violation 5 10 from the department shall institute and prosecute the case in 5 11 district court without delay. 5 12 Sec. 9. NEW SECTION. 199A.7 REPEAL. 5 13 This chapter is repealed on July 1, 2003. 5 14 Sec. 10. FUTURE CORRESPONDING CHANGES EFFECTIVE DATE. 5 15 1. a. Section 22.7, subsection 39, as enacted by this 5 16 Act, is amended by striking the subsection. 5 17 b. Section 199.3, subsection 7, as enacted by this Act, is 5 18 amended by striking the subsection. 5 19 2. This section takes effect on July 1, 2003. 5 20 EXPLANATION 5 21 This bill regulates the genetic engineering of yellow hilum 5 22 soybeans. According to the bill, a soybean has been 5 23 genetically altered if the deoxyribonucleic acid of the seed 5 24 or plant has been modified in a manner other than by breeding. 5 25 The bill prohibits a person from engaging in the genetic 5 26 engineering of yellow hilum soybeans, unless the person 5 27 registers with the department of agriculture and land 5 28 stewardship. The registration information is a confidential 5 29 record under the public records law codified in Code chapter 5 30 22. 5 31 The bill prohibits a person from distributing seed for use 5 32 in this state to produce genetically engineered yellow hilum 5 33 soybeans. A person, other than a person registered under the 5 34 bill is prohibited from producing genetically engineered 5 35 yellow hilum soybeans. A person required to label seed must 6 1 provide a notice on the label that the yellow hilum soybeans 6 2 have been genetically modified. 6 3 The department of agriculture and land stewardship is 6 4 responsible for enforcing the bill's provisions. The 6 5 department may issue and enforce a stop sale, use, or removal 6 6 order. The department may apply to district court for a 6 7 temporary or permanent injunction. A person violating a 6 8 provision of the bill is subject to a civil penalty of not 6 9 more than $10,000. The provisions of the bill are repealed on 6 10 July 1, 2003. 6 11 LSB 5013HH 78 6 12 da/cf/24
Text: HF02012 Text: HF02014 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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