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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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