Text: H01248 Text: H01250 Text: H01200 - H01299 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 502 as follows: 1 2 #1. Page 1, by inserting before line 1, the 1 3 following: 1 4 "Section 1. Section 199.1, Code 2001, is amended 1 5 by adding the following new subsections: 1 6 NEW SUBSECTION. 5A. "Contamination" means the 1 7 unintended presence of a plant or plant part 1 8 transferred from an originating area to an area 1 9 without the presence of the plant or plant part that 1 10 alters the genetic characteristics of a plant. 1 11 NEW SUBSECTION. 5B. "Crop" means any plant 1 12 produced from an agricultural seed or vegetable seed, 1 13 or any harvested part of the plant. 1 14 NEW SUBSECTION. 6A. "Field" means an originating 1 15 field or a neighboring field. 1 16 NEW SUBSECTION. 6B. "Genetically modified" means 1 17 to alter the genetic characteristics of a plant by 1 18 modifying the deoxyribonucleic acid of the plant's 1 19 seed in a manner other than by breeding or 1 20 pollination. 1 21 NEW SUBSECTION. 19A. "Seed dealer" means a person 1 22 who sells or offers for sale agricultural seed or 1 23 vegetable seed to persons on a retail basis. 1 24 NEW SUBSECTION. 19B. "Seed labeler" means a 1 25 person required to label agricultural seed or 1 26 vegetable seed as provided in section 199.3 or 199.4. 1 27 Sec. . Section 199.3, subsection 1, Code 2001, 1 28 is amended by adding the following new paragraph: 1 29 NEW PARAGRAPH. f. The label shall include an 1 30 identification of genetically modified agricultural 1 31 seed or vegetable seed included in the container. If 1 32 the agricultural seed or vegetable seed is genetically 1 33 modified, the label shall comply with sections 199.22 1 34 and 199.23. 1 35 Sec. . Section 199.8, Code 2001, is amended by 1 36 adding the following new subsection: 1 37 NEW SUBSECTION. 4. A person shall not sell, offer 1 38 for sale, or expose for sale agricultural seed or 1 39 vegetable seed that has been genetically modified, if 1 40 the person has represented that that agricultural seed 1 41 or vegetable seed is not genetically modified. 1 42 Sec. . Section 199.13, Code 2001, is amended to 1 43 read as follows: 1 44 199.13 PENALTY. 1 45 1. a. Aviolation ofperson who violates this 1 46 chapter is guilty of a simple misdemeanor. 1 47 b. A person who violates subchapter 2 is subject 1 48 to a civil penalty of not more than one thousand 1 49 dollars. Civil penalties collected under this 1 50 paragraph shall be deposited in the general fund of 2 1 the state. 2 2 2. The department may institute criminal or civil 2 3 proceedings in a court of competent jurisdiction in 2 4 order to enforce this chapter. When in the 2 5 performance of thesecretary'sdepartment's duties in 2 6 enforcing this chapter thesecretarydepartment 2 7 applies to a court for a temporary or permanent 2 8 injunction restraining a person from violating or 2 9 continuing to violate any of the provisions of this 2 10 chapter or rules adopted under this chapter, the 2 11 injunction is to be issued without bond and the person 2 12 restrained by the injunction shall pay the costs made 2 13 necessary by the procedure. 2 14 SUBCHAPTER 2 2 15 GENETICALLY MODIFIED AGRICULTURAL SEED 2 16 Sec. . NEW SECTION. 199.21 APPLICABILITY. 2 17 The department, in consultation with the attorney 2 18 general, shall provide an exception from a requirement 2 19 in this subchapter as applied to any type of 2 20 genetically modified agricultural seed or genetically 2 21 modified vegetable seed that is sold or offered for 2 22 sale or transported in this state, if the department 2 23 determines that the requirement as applied to that 2 24 type of agricultural seed or vegetable seed has been 2 25 preempted by federal statute or regulation. The 2 26 department shall establish the exceptions by rule 2 27 adopted pursuant to chapter 17A. If an exception is 2 28 not provided for by rule, the department shall 2 29 establish the exception by declaratory order as 2 30 provided in section 17A.9, upon receipt of a petition 2 31 as provided for in that section. 2 32 Sec. . NEW SECTION. 199.22 NOTICE 2 33 REQUIREMENTS. 2 34 1. A seed labeler shall provide notice of an 2 35 agricultural seed or vegetable seed that is 2 36 genetically modified on the label of a container 2 37 holding the agricultural seed or vegetable seed as 2 38 provided in section 199.3 or on a placard as provided 2 39 in section 199.4. A seed dealer shall provide the 2 40 same notice in a disclosure statement to a person 2 41 purchasing the agricultural seed or vegetable seed on 2 42 a retail basis prior to or at the time of the 2 43 purchase. The disclosure statement may be contained 2 44 on a separate form or part of an invoice or bill of 2 45 sale evidencing a transaction. The seed dealer shall 2 46 not sell agricultural seed or vegetable seed that has 2 47 been genetically modified, unless the purchaser signs 2 48 the disclosure statement acknowledging that the 2 49 purchaser has read the statement. The seed dealer 2 50 shall maintain a copy of the acknowledged disclosure 3 1 statement as part of the seed dealer's business 3 2 records. 3 3 2. The form of the disclosure statement shall be 3 4 prescribed by rules adopted by the department. The 3 5 notice shall appear in a printed bold-faced font in at 3 6 least ten point type. The notice shall appear in the 3 7 following form: 3 8 NOTICE 3 9 GENETICALLY MODIFIED AGRICULTURAL OR 3 10 VEGETABLE SEED 3 11 This agricultural or vegetable seed is genetically 3 12 modified. Please consult the label appearing on this 3 13 package or the pamphlet required to be attached to the 3 14 container or accompanying the bulk sale of 3 15 agricultural or vegetable seed, regarding important 3 16 production information, including possible 3 17 restrictions, about the production and marketing of a 3 18 crop grown from this agricultural or vegetable seed. 3 19 Sec. . NEW SECTION. 199.23 PRODUCTION 3 20 INFORMATION REQUIREMENTS. 3 21 1. A seed labeler shall provide production 3 22 information for agricultural seed or vegetable seed 3 23 that has been genetically modified as required in this 3 24 section to the extent that the production information 3 25 is known by the seed labeler. The production 3 26 information shall appear on the label as provided in 3 27 section 199.3 or in a pamphlet attached to the 3 28 container or accompanying agricultural seed or 3 29 vegetable seed that is sold in bulk as provided in 3 30 section 199.4. A seed dealer shall not sell 3 31 agricultural seed or vegetable seed that the seed 3 32 labeler identifies as genetically modified, unless the 3 33 seed dealer provides the purchaser of agricultural 3 34 seed or vegetable seed with the production 3 35 information. The production information shall include 3 36 all of the following: 3 37 a. A brief description of the consequences of the 3 38 genetic modification, including but not limited to any 3 39 consequences affecting hardiness, growth rate, yield, 3 40 resistance, adaptability, appearance, or intrinsic 3 41 qualities such as oil content. 3 42 b. Sound management practices required to minimize 3 43 the risk of transferring gene characteristics to other 3 44 varieties of plants. The sound management practices 3 45 shall consist of requirements for planting 3 46 agricultural seed or vegetable seed that has been 3 47 genetically modified and methods to maintain the 3 48 separated area in order to prevent a significant risk 3 49 of contamination occurring from any of the following: 3 50 (1) The transfer of gene characteristics to crops 4 1 planted on a neighboring area by pollination, 4 2 including the pollination of crops or the pollination 4 3 of other related plants inhabiting the neighboring 4 4 area. 4 5 (2) The transfer of agricultural seed or vegetable 4 6 seed that has been genetically modified to a 4 7 neighboring area. 4 8 c. A notice, if necessary, regarding any financial 4 9 risks associated with marketing the crop, including 4 10 but not limited to restrictions regarding all of the 4 11 following: 4 12 (1) The handling and storage of the crop, 4 13 including segregation requirements. 4 14 (2) The sale of the crop in domestic and foreign 4 15 markets, including import restrictions imposed by 4 16 other nations. 4 17 (3) The use of the crop, including restrictions 4 18 regarding human consumption of the crop or products 4 19 processed using the crop. 4 20 2. The language used in the production information 4 21 shall comply with standard rules of spelling, grammar, 4 22 punctuation, and usage. The production information 4 23 shall be printed in a type size of not less than ten 4 24 points. The production information shall use terms 4 25 that are commonly understood by a reasonable person of 4 26 average intelligence, education, and experience who 4 27 regularly produces crops originating from the same 4 28 type of agricultural seed or vegetable seed that has 4 29 been genetically modified that the person is 4 30 purchasing. 4 31 Sec. . NEW SECTION. 199.24 FOOD CROPS NOT 4 32 APPROVED FOR HUMAN CONSUMPTION – COLOR-CODED SEEDS OR 4 33 SECURITY PLAN. 4 34 1. As used in this section, "designated seed" 4 35 means agricultural seed or vegetable seed producing a 4 36 crop that may be processed into a food product, but is 4 37 not approved for human consumption by an agency of the 4 38 federal government, including but not limited to the 4 39 United States food and drug administration, because 4 40 the agricultural seed or vegetable seed is genetically 4 41 modified. 4 42 2. a. A person shall not sell, offer for sale, or 4 43 transport designated seed in this state, unless any of 4 44 the following applies: 4 45 (1) The designated seed is artificially colored 4 46 solid blaze orange. 4 47 (2) The department approves a security plan, or 4 48 amendments to an approved security plan, submitted by 4 49 the person producing a crop from designated seed, 4 50 according to rules adopted by the department. The 5 1 security plan shall provide for sound management 5 2 practices used to ensure that there is no risk of 5 3 contamination, and for harvesting, storing, 5 4 transporting, processing, marketing, and utilizing 5 5 crops or goods processed from those crops in a manner 5 6 that provides no risk that the crops or goods 5 7 processed from the crops will be utilized for human 5 8 consumption. The security plan shall be accompanied 5 9 by all necessary certifications by persons who will 5 10 harvest, store, transport, process, or market the crop 5 11 or goods processed from the crop, as required by the 5 12 department. The department may approve amendments to 5 13 the security plan. 5 14 b. A person shall not sell, offer for sale, or 5 15 transport agricultural seed or vegetable seed in this 5 16 state that is artificially colored solid blaze orange, 5 17 unless it is designated seed. A person shall not 5 18 knowingly use management practices, or harvest, store, 5 19 transport, process, or market crops or goods processed 5 20 from those crops in violation of the security plan. 5 21 Sec. . NEW SECTION. 199.25 LIABILITY. 5 22 1. a. A person who produces a crop produced from 5 23 agricultural seed or vegetable seed that is 5 24 genetically modified shall not be found liable for 5 25 damages caused by contamination, if the crop is 5 26 produced in accordance with sound management practices 5 27 as provided in section 199.23. 5 28 b. A seed dealer who sells agricultural seed or 5 29 vegetable seed in compliance with sections 199.23 and 5 30 199.24 shall not be found liable for damages caused by 5 31 contamination. 5 32 c. A seed labeler shall be strictly liable for 5 33 damages caused by contamination, if a person who 5 34 produces a crop originating from genetically modified 5 35 agricultural seed or vegetable seed complies with 5 36 sound management practices provided by the seed 5 37 labeler as required pursuant to section 199.23. 5 38 2. A person who is liable for damages caused by 5 39 the contamination shall be subject to punitive 5 40 damages." 5 41 #2. Page 7, by inserting after line 17, the 5 42 following: 5 43 "Sec. . DIRECTIONS TO CODE EDITOR. The Code 5 44 editor shall organize chapter 199 in conformance with 5 45 this Act. The Code editor shall transfer sections 5 46 199.11 through 199.14 into a new subchapter 3. 5 47 Sec. . EFFECTIVE DATE. The provisions of this 5 48 Act amending chapter 199 take effect on September 1, 5 49 2001." 5 50 #3. Title page, line 3, by striking the words "and 6 1 providing" and inserting the following: "providing". 6 2 #4. Title page, line 3, by inserting after the 6 3 word "liability" the following: ", and providing an 6 4 effective date". 6 5 6 6 6 7 6 8 KUHN of Floyd 6 9 HF 502.701 79 6 10 da/cls4
Text: H01248 Text: H01250 Text: H01200 - H01299 Text: H Index Bills and Amendments: General Index Bill History: General Index
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