Text: HF00733 Text: HF00735 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 199.1, Code 2001, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 5A. "Contamination" means the unintended 1 4 presence of a plant or plant part transferred from an 1 5 originating area to an area without the presence of the plant 1 6 or plant part that alters the genetic characteristics of a 1 7 plant. 1 8 NEW SUBSECTION. 5B. "Crop" means any plant produced from 1 9 an agricultural seed or vegetable seed, or any harvested part 1 10 of the plant. 1 11 NEW SUBSECTION. 6A. "Field" means an originating field or 1 12 a neighboring field. 1 13 NEW SUBSECTION. 6B. "Genetically modified" means to alter 1 14 the genetic characteristics of a plant by modifying the 1 15 deoxyribonucleic acid of the plant's seed in a manner other 1 16 than by breeding or pollination. 1 17 NEW SUBSECTION. 19A. "Seed dealer" means a person who 1 18 sells or offers for sale agricultural seed or vegetable seed 1 19 to persons on a retail basis. 1 20 NEW SUBSECTION. 19B. "Seed labeler" means a person 1 21 required to label agricultural seed or vegetable seed as 1 22 provided in section 199.3 or 199.4. 1 23 Sec. 2. Section 199.3, subsection 1, Code 2001, is amended 1 24 by adding the following new paragraph: 1 25 NEW PARAGRAPH. f. The label shall include an 1 26 identification of genetically modified agricultural seed or 1 27 vegetable seed included in the container. If the agricultural 1 28 seed or vegetable seed is genetically modified, the label 1 29 shall comply with sections 199.22 and 199.23. 1 30 Sec. 3. Section 199.8, Code 2001, is amended by adding the 1 31 following new subsection: 1 32 NEW SUBSECTION. 4. A person shall not sell, offer for 1 33 sale, or expose for sale agricultural seed or vegetable seed 1 34 that has been genetically modified, if the person has 1 35 represented that that agricultural seed or vegetable seed is 2 1 not genetically modified. 2 2 Sec. 4. Section 199.13, Code 2001, is amended to read as 2 3 follows: 2 4 199.13 PENALTY. 2 5 1. a. Aviolation ofperson who violates this chapter is 2 6 guilty of a simple misdemeanor. 2 7 b. A person who violates subchapter 2 is subject to a 2 8 civil penalty of not more than one thousand dollars. Civil 2 9 penalties collected under this paragraph shall be deposited in 2 10 the general fund of the state. 2 11 2. The department may institute criminal or civil 2 12 proceedings in a court of competent jurisdiction in order to 2 13 enforce this chapter. When in the performance of the 2 14secretary'sdepartment's duties in enforcing this chapter the 2 15secretarydepartment applies to a court for a temporary or 2 16 permanent injunction restraining a person from violating or 2 17 continuing to violate any of the provisions of this chapter or 2 18 rules adopted under this chapter, the injunction is to be 2 19 issued without bond and the person restrained by the 2 20 injunction shall pay the costs made necessary by the 2 21 procedure. 2 22 SUBCHAPTER 2 2 23 GENETICALLY MODIFIED AGRICULTURAL SEED 2 24 Sec. 5. NEW SECTION. 199.21 APPLICABILITY. 2 25 The department, in consultation with the attorney general, 2 26 shall provide an exception from a requirement in this 2 27 subchapter as applied to any type of genetically modified 2 28 agricultural seed or genetically modified vegetable seed that 2 29 is sold or offered for sale or transported in this state, if 2 30 the department determines that the requirement as applied to 2 31 that type of agricultural seed or vegetable seed has been 2 32 preempted by federal statute or regulation. The department 2 33 shall establish the exceptions by rule adopted pursuant to 2 34 chapter 17A. If an exception is not provided for by rule, the 2 35 department shall establish the exception by declaratory order 3 1 as provided in section 17A.9, upon receipt of a petition as 3 2 provided for in that section. 3 3 Sec. 6. NEW SECTION. 199.22 NOTICE REQUIREMENTS. 3 4 1. A seed labeler shall provide notice of an agricultural 3 5 seed or vegetable seed that is genetically modified on the 3 6 label of a container holding the agricultural seed or 3 7 vegetable seed as provided in section 199.3 or on a placard as 3 8 provided in section 199.4. A seed dealer shall provide the 3 9 same notice in a disclosure statement to a person purchasing 3 10 the agricultural seed or vegetable seed on a retail basis 3 11 prior to or at the time of the purchase. The disclosure 3 12 statement may be contained on a separate form or part of an 3 13 invoice or bill of sale evidencing a transaction. The seed 3 14 dealer shall not sell agricultural seed or vegetable seed that 3 15 has been genetically modified, unless the purchaser signs the 3 16 disclosure statement acknowledging that the purchaser has read 3 17 the statement. The seed dealer shall maintain a copy of the 3 18 acknowledged disclosure statement as part of the seed dealer's 3 19 business records. 3 20 2. The form of the disclosure statement shall be 3 21 prescribed by rules adopted by the department. The notice 3 22 shall appear in a printed bold-faced font in at least ten 3 23 point type. The notice shall appear in the following form: 3 24 NOTICE 3 25 GENETICALLY MODIFIED AGRICULTURAL OR 3 26 VEGETABLE SEED 3 27 This agricultural or vegetable seed is genetically 3 28 modified. Please consult the label appearing on this package 3 29 or the pamphlet required to be attached to the container or 3 30 accompanying the bulk sale of agricultural or vegetable seed, 3 31 regarding important production information, including possible 3 32 restrictions, about the production and marketing of a crop 3 33 grown from this agricultural or vegetable seed. 3 34 Sec. 7. NEW SECTION. 199.23 PRODUCTION INFORMATION 3 35 REQUIREMENTS. 4 1 1. A seed labeler shall provide production information for 4 2 agricultural seed or vegetable seed that has been genetically 4 3 modified as required in this section to the extent that the 4 4 production information is known by the seed labeler. The 4 5 production information shall appear on the label as provided 4 6 in section 199.3 or in a pamphlet attached to the container or 4 7 accompanying agricultural seed or vegetable seed that is sold 4 8 in bulk as provided in section 199.4. A seed dealer shall not 4 9 sell agricultural seed or vegetable seed that the seed labeler 4 10 identifies as genetically modified, unless the seed dealer 4 11 provides the purchaser of agricultural seed or vegetable seed 4 12 with the production information. The production information 4 13 shall include all of the following: 4 14 a. A brief description of the consequences of the genetic 4 15 modification, including but not limited to any consequences 4 16 affecting hardiness, growth rate, yield, resistance, 4 17 adaptability, appearance, or intrinsic qualities such as oil 4 18 content. 4 19 b. Sound management practices required to minimize the 4 20 risk of transferring gene characteristics to other varieties 4 21 of plants. The sound management practices shall consist of 4 22 requirements for planting agricultural seed or vegetable seed 4 23 that has been genetically modified and methods to maintain the 4 24 separated area in order to prevent a significant risk of 4 25 contamination occurring from any of the following: 4 26 (1) The transfer of gene characteristics to crops planted 4 27 on a neighboring area by pollination, including the 4 28 pollination of crops or the pollination of other related 4 29 plants inhabiting the neighboring area. 4 30 (2) The transfer of agricultural seed or vegetable seed 4 31 that has been genetically modified to a neighboring area. 4 32 c. A notice, if necessary, regarding any financial risks 4 33 associated with marketing the crop, including but not limited 4 34 to restrictions regarding all of the following: 4 35 (1) The handling and storage of the crop, including 5 1 segregation requirements. 5 2 (2) The sale of the crop in domestic and foreign markets, 5 3 including import restrictions imposed by other nations. 5 4 (3) The use of the crop, including restrictions regarding 5 5 human consumption of the crop or products processed using the 5 6 crop. 5 7 2. The language used in the production information shall 5 8 comply with standard rules of spelling, grammar, punctuation, 5 9 and usage. The production information shall be printed in a 5 10 type size of not less than ten points. The production 5 11 information shall use terms that are commonly understood by a 5 12 reasonable person of average intelligence, education, and 5 13 experience who regularly produces crops originating from the 5 14 same type of agricultural seed or vegetable seed that has been 5 15 genetically modified that the person is purchasing. 5 16 Sec. 8. NEW SECTION. 199.24 FOOD CROPS NOT APPROVED FOR 5 17 HUMAN CONSUMPTION – COLOR-CODED SEEDS OR SECURITY PLAN. 5 18 1. As used in this section, "designated seed" means 5 19 agricultural seed or vegetable seed producing a crop that may 5 20 be processed into a food product, but is not approved for 5 21 human consumption by an agency of the federal government, 5 22 including but not limited to the United States food and drug 5 23 administration, because the agricultural seed or vegetable 5 24 seed is genetically modified. 5 25 2. a. A person shall not sell, offer for sale, or 5 26 transport designated seed in this state, unless any of the 5 27 following applies: 5 28 (1) The designated seed is artificially colored solid 5 29 blaze orange. 5 30 (2) The department approves a security plan, or amendments 5 31 to an approved security plan, submitted by the person 5 32 producing a crop from designated seed, according to rules 5 33 adopted by the department. The security plan shall provide 5 34 for sound management practices used to ensure that there is no 5 35 risk of contamination, and for harvesting, storing, 6 1 transporting, processing, marketing, and utilizing crops or 6 2 goods processed from those crops in a manner that provides no 6 3 risk that the crops or goods processed from the crops will be 6 4 utilized for human consumption. The security plan shall be 6 5 accompanied by all necessary certifications by persons who 6 6 will harvest, store, transport, process, or market the crop or 6 7 goods processed from the crop, as required by the department. 6 8 The department may approve amendments to the security plan. 6 9 b. A person shall not sell, offer for sale, or transport 6 10 agricultural seed or vegetable seed in this state that is 6 11 artificially colored solid blaze orange, unless it is 6 12 designated seed. A person shall not knowingly use management 6 13 practices, or harvest, store, transport, process, or market 6 14 crops or goods processed from those crops in violation of the 6 15 security plan. 6 16 Sec. 9. NEW SECTION. 199.25 LIABILITY. 6 17 1. a. A person who produces a crop produced from 6 18 agricultural seed or vegetable seed that is genetically 6 19 modified shall not be found liable for damages caused by 6 20 contamination, if the crop is produced in accordance with 6 21 sound management practices as provided in section 199.23. 6 22 b. A seed dealer who sells agricultural seed or vegetable 6 23 seed in compliance with sections 199.23 and 199.24 shall not 6 24 be found liable for damages caused by contamination. 6 25 c. A seed labeler shall be strictly liable for damages 6 26 caused by contamination, if a person who produces a crop 6 27 originating from genetically modified agricultural seed or 6 28 vegetable seed complies with sound management practices 6 29 provided by the seed labeler as required pursuant to section 6 30 199.23. 6 31 2. A person who is liable for damages caused by the 6 32 contamination shall be subject to punitive damages. 6 33 Sec. 10. DIRECTIONS TO CODE EDITOR. The Code editor shall 6 34 organize chapter 199 in conformance with this Act. The Code 6 35 editor shall transfer sections 199.11 through 199.14 into a 7 1 new subchapter 3. 7 2 Sec. 11. EFFECTIVE DATE. This Act takes effect on 7 3 September 1, 2001. 7 4 EXPLANATION 7 5 This bill amends Code chapter 199, Iowa's seed law, 7 6 regulated by the department of agriculture and land 7 7 stewardship. The bill creates a new subchapter regulating 7 8 genetically modified agricultural and vegetable seed, 7 9 including providing for the sale and distribution of such 7 10 seed, including notice requirements, acknowledgments, 7 11 management practices, liability, and civil penalties. 7 12 APPLICABILITY. The bill provides that the department, in 7 13 consultation with the attorney general, shall provide 7 14 exceptions from a requirement in the bill, if the department 7 15 determines that the requirements have been preempted by 7 16 federal statute or regulation. 7 17 NOTICE REQUIREMENTS. The bill provides that a person 7 18 required to label seed under the chapter (referred to as "seed 7 19 labeler") must label genetically modified agricultural seed or 7 20 vegetable seed sold in containers or in bulk as otherwise 7 21 provided in the chapter. The notice must state that the 7 22 agricultural seed or vegetable seed is genetically modified 7 23 and refer to production information required to be placed on 7 24 the label or special pamphlet attached to the container or 7 25 accompanying the bulk sale of agricultural seed or vegetable 7 26 seed. 7 27 The bill provides that a person distributing agricultural 7 28 seed or vegetable seed on a retail basis (referred to as a 7 29 "seed dealer") must provide the notice as part of a disclosure 7 30 statement on a separate form or as part of an invoice or bill 7 31 of sale for the agricultural seed or vegetable seed. The bill 7 32 prohibits a seed dealer from selling the agricultural seed or 7 33 vegetable seed unless the purchaser signs the disclosure 7 34 statement. A copy of the disclosure statement must be 7 35 maintained as part of the seed dealer's business records. 8 1 PRODUCTION INFORMATION REQUIREMENTS. The bill requires 8 2 that a seed labeler provide production information that must 8 3 appear on the label or in a pamphlet attached to the container 8 4 or accompanying agricultural seed or vegetable seed that is 8 5 sold in bulk. The production information must briefly 8 6 describe consequences of the genetic modification and sound 8 7 management practices required to minimize the risk of 8 8 transferring gene characteristics to other varieties of 8 9 plants, including crops produced on neighboring areas. It 8 10 must also include a notice regarding any financial risks 8 11 associated with marketing the crop. The bill requires that 8 12 the language used in the production information be readable, 8 13 by complying with standard rules of spelling, grammar, 8 14 punctuation, and usage, including terms that are commonly 8 15 understood by producers. 8 16 SEEDS PRODUCING NONFOOD CROPS. The bill regulates the sale 8 17 of agricultural seed or vegetable seed that produces a crop 8 18 that may be processed into a food product but is not approved 8 19 for human consumption (referred to as "designated seed"). The 8 20 bill prohibits a person from selling, offering for sale, or 8 21 transporting designated seed in this state, unless the 8 22 designated seed is artificially colored solid blaze orange. 8 23 The bill prohibits other seed from being so colored. As an 8 24 alternative, the bill provides for the approval by the 8 25 department of a security plan submitted by a producer. The 8 26 security plan must provide for sound management practices used 8 27 to ensure that there is no risk of contamination, and for 8 28 harvesting, storing, transporting, processing, marketing and 8 29 utilizing crops or goods processed from those crops in a 8 30 manner that provides no risk that the crops or goods processed 8 31 from the crops will be utilized for human consumption. 8 32 LIABILITY. The bill provides that a person who produces a 8 33 crop originating from genetically modified agricultural seed 8 34 or vegetable seed is not liable for damages caused by the 8 35 contamination of another person's property, if the crop is 9 1 produced in accordance with sound management practices as 9 2 directed by the seed labeler. The bill provides that a seed 9 3 dealer who sells agricultural seed or vegetable seed in 9 4 compliance with the bill's requirements is not liable for 9 5 damages caused by the contamination. The bill provides that 9 6 the seed labeler is strictly liable for damages caused by the 9 7 contamination, if a person who produces a crop originating 9 8 from a genetically modified agricultural seed or vegetable 9 9 seed complies with sound management practices provided in the 9 10 producer information. 9 11 PENALTY. A person who violates a provision of Code chapter 9 12 199 is guilty of a simple misdemeanor. The bill provides a 9 13 person violating the bill's provisions is subject to a civil 9 14 penalty of up to $1,000. 9 15 DIRECTIONS TO CODE EDITOR. The bill directs the Code 9 16 editor to organize Code chapter 199 in conformance with the 9 17 bill. 9 18 EFFECTIVE DATE. The bill becomes effective on September 1, 9 19 2001. 9 20 LSB 2751HH 79 9 21 da/cf/24.2
Text: HF00733 Text: HF00735 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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