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House File 2013

Partial Bill History

Bill Text

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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