Text: HF00740 Text: HF00742 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 202B.1 DEFINITIONS. 1 2 1. "Agricultural seed" means the same as defined in 1 3 section 199.1. 1 4 2. "Biotechnological technique" means a practice used to 1 5 alter the genetic characteristics of a plant by modifying the 1 6 deoxyribonucleic acid of the plant's seed in a manner other 1 7 than by using a conventional technique. 1 8 3. "Contamination" means the unintended presence of a seed 1 9 or a plant or plant part that originates from a seed, if the 1 10 seed has been genetically modified by using a biotechnological 1 11 technique. 1 12 4. "Conventional technique" means a practice used to alter 1 13 the genetic characteristics of a plant by modifying the 1 14 deoxyribonucleic acid of the plant's seed by breeding or 1 15 pollination. 1 16 5. "Crop" means any plant originating from an agricultural 1 17 seed that belongs to a species produced for its parts or 1 18 products having commercial value. 1 19 6. "Designated grain crop" means a grain crop that meets 1 20 the requirements of section 202B.2. 1 21 7. "Grain crop" means a crop that produces grain as 1 22 defined in section 203.1. 1 23 8. "Neighboring field" means land where agricultural seed 1 24 used to produce a grain crop may be planted, that adjoins or 1 25 is adjacent to an originating field, and is owned by a person 1 26 other than the person who owns the originating field. 1 27 9. "Originating field" means land where agricultural seed 1 28 that is genetically modified using a biotechnological 1 29 technique and used to produce a grain crop has been planted. 1 30 10. "Seed dealer" means a person who sells or offers for 1 31 sale agricultural seed to persons on a retail basis. 1 32 11. "Seed labeler" means a person required to label 1 33 agricultural seed as provided in section 199.3 or 199.4. 1 34 12. "Seed technology provider" means a person who in 1 35 preparing for sale agricultural seed required to be labeled 2 1 pursuant to section 199.3 or 199.4 genetically modifies the 2 2 agricultural seed by using a biotechnological technique. 2 3 Sec. 2. NEW SECTION. 202B.2 DESIGNATED GRAIN CROP 2 4 APPLICABILITY. 2 5 This chapter applies to a designated grain crop. A 2 6 designated grain crop originates from an agricultural seed 2 7 that has been genetically modified using a biotechnological 2 8 technique, that is sold or offered for sale in this state, and 2 9 on December 1 of the previous year meets any one of the 2 10 following criteria: 2 11 1. Any grain produced from the grain crop or any food 2 12 manufactured from that grain was prohibited from sale or use 2 13 for human consumption by an agency of the federal government, 2 14 including but not limited to the United States food and drug 2 15 administration. 2 16 2. A major nation importer of grain that is produced from 2 17 a specific species of grain crop prohibited the import of the 2 18 grain because it was produced from agricultural seed 2 19 genetically modified by using a biotechnological technique. 2 20 The department of agriculture and land stewardship shall adopt 2 21 rules pursuant to chapter 17A that lists each major nation 2 22 importer of grain that is produced from a specific species of 2 23 grain crop, which may be based on statistics compiled by the 2 24 United States department of agriculture. 2 25 Sec. 3. NEW SECTION. 202B.3 SOUND PRODUCTION PRACTICES. 2 26 As used in this chapter, a person produces the designated 2 27 grain crop using sound production practices by planting 2 28 agricultural seed used to produce the designated grain crop on 2 29 an originating field a minimum distance from a neighboring 2 30 field, and by complying with methods to maintain the separated 2 31 area in order to ensure a minimal risk of contamination 2 32 occurring from any of the following: 2 33 1. The transfer of gene characteristics to another crop 2 34 planted on a neighboring field by pollination, including by 2 35 pollination of the crop or the pollination of other related 3 1 plants inhabiting the neighboring field. 3 2 2. The transfer of agricultural seed used to produce a 3 3 designated grain crop to the neighboring field. 3 4 For property that includes a road right-of-way, railroad 3 5 right-of-way, or an access easement, a neighboring field's 3 6 property line shall not be the boundary line of the right-of- 3 7 way or easement. 3 8 Sec. 4. NEW SECTION. 202B.4 SECURITY REQUIREMENTS. 3 9 A seed labeler or seed technology provider shall not sell 3 10 or offer for sale agricultural seed used to produce a 3 11 designated grain crop to a person for the production of the 3 12 designated grain crop, except as provided in this section. 3 13 The seed labeler or seed technology provider must provide a 3 14 security policy for the designated grain crop as required by 3 15 rules adopted by the department of agriculture and land 3 16 stewardship. The security policy shall provide for any one of 3 17 the following: 3 18 1. A security plan or amendments to the security plan 3 19 submitted to and approved by the department as required by the 3 20 department. The security plan shall ensure a closed system 3 21 that provides a minimal risk of contamination including 3 22 contamination occurring because of any of the following: 3 23 a. Prior to harvest, the designated grain crop 3 24 contaminates another crop that is not a designated grain crop, 3 25 produced on a neighboring field. The security plan shall 3 26 include a description of sound production practices as 3 27 provided in section 202B.3. 3 28 b. After harvest, the designated grain crop or goods 3 29 processed from the designated grain crop contaminates a crop 3 30 that is not a designated grain crop or goods that are not 3 31 processed from a designated grain crop. 3 32 The closed system shall provide for planting the 3 33 agricultural seed; for producing, harvesting, and storing the 3 34 designated grain crop; and for disposing of, transporting, 3 35 processing, marketing, and utilizing the designated grain crop 4 1 or goods processed from the designated grain crop. The 4 2 security plan shall be accompanied by all necessary 4 3 certifications by persons who will maintain the designated 4 4 grain crop or dispose of, transport, process, market, or 4 5 utilize the designated grain crop or goods processed from the 4 6 designated grain crop. 4 7 2. The dissemination of production information by the seed 4 8 technology provider or seed labeler to each seed dealer 4 9 selling agricultural seed used to produce a designated crop 4 10 for distribution to every person who produces a designated 4 11 grain crop originating from the agricultural seed prepared by 4 12 the seed technology provider or labeled by the seed labeler. 4 13 The production information shall include a description of 4 14 sound production practices as provided in section 202B.3. 4 15 Sec. 5. NEW SECTION. 202B.5 CIVIL LIABILITY. 4 16 1. A person who produces a designated grain crop shall not 4 17 be found liable for damages caused by contamination if the 4 18 person produces the designated grain crop in accordance with 4 19 sound production practices. 4 20 2. a. A person suffering damages resulting from 4 21 contamination may bring an action in district court against a 4 22 seed technology provider or seed labeler to recover three 4 23 times all actual and consequential damages. 4 24 b. A prevailing plaintiff in an action brought under this 4 25 section shall be awarded court costs and reasonable attorney 4 26 fees, which shall be taxed as part of the costs of the action. 4 27 3. A seed dealer shall not be found liable for damages 4 28 caused by contamination if any of the following applies: 4 29 a. The seed dealer distributes information regarding a 4 30 security policy for the agricultural seed used to produce a 4 31 designated grain crop that has caused the contamination. The 4 32 information may be either a notice that the designated grain 4 33 crop is subject to a security plan filed with and approved by 4 34 the department of agriculture and land stewardship or 4 35 production information received from the seed technology 5 1 provider or seed labeler including a description of sound 5 2 production practices as provided in section 202B.3. 5 3 b. The seed technology provider or seed labeler fails to 5 4 file a security plan with the department of agriculture and 5 5 land stewardship or fails to provide production information to 5 6 the seed dealer. 5 7 4. A provision in a contract, a waiver, or a condition of 5 8 a transaction that provides for the liability of a person 5 9 contrary to this subsection is void and unenforceable. 5 10 Sec. 6. NEW SECTION. 202B.6 ENFORCEMENT. 5 11 The attorney general shall institute suits on behalf of the 5 12 state to enforce this chapter. 5 13 Sec. 7. NEW SECTION. 202B.7 CRIMINAL PENALTIES. 5 14 A person who violates this chapter is guilty of an 5 15 aggravated misdemeanor. 5 16 EXPLANATION 5 17 This bill relates to the contamination from genetic 5 18 material originating from agricultural seeds that have been 5 19 genetically modified using biotechnological techniques. The 5 20 bill regulates a designated grain crop. In order to be 5 21 classified as a designated grain crop, the crop must originate 5 22 from genetically modified agricultural seed sold in the state 5 23 and on December 1 of the previous year the crop's grain must 5 24 have been prohibited for use for human consumption by the 5 25 federal government, or a major nation importer of grain 5 26 produced from a specific species of grain crop must have 5 27 prohibited the import of the grain because it was produced 5 28 from agricultural seed that was genetically modified using 5 29 biotechnological techniques. 5 30 The bill provides that a person who develops the seed 5 31 (referred to as the "seed technology provider") or the person 5 32 required to label the seed under chapter 199 (referred to as 5 33 the "seed labeler") must provide for a security policy. The 5 34 policy may be a security plan approved by the department of 5 35 agriculture and land stewardship that provides for a closed 6 1 system that provides a minimal risk of contamination or the 6 2 dissemination of production information that is made available 6 3 to crop producers. In both cases, the policy must provide for 6 4 sound production practices that include planting the 6 5 designated grain crop seed a minimum distance from the 6 6 boundary of a neighboring field and methods to maintain the 6 7 separated area in order to ensure a minimal risk of 6 8 contamination. 6 9 The bill provides that a person who produces a designated 6 10 grain crop is not liable for damages caused by contamination 6 11 if the person produces the designated grain crop in accordance 6 12 with sound production practices. The bill provides that a 6 13 person suffering damages from contamination may bring an 6 14 action in district court against a seed technology provider or 6 15 seed labeler to recover three times all actual and 6 16 consequential damages. The bill provides that a seed dealer 6 17 shall not be found liable for damages caused by contamination 6 18 if the seed dealer disseminates production information 6 19 regarding the security policy for the designated grain crop, 6 20 or if the seed labeler or seed technology provider fails to 6 21 provide such production information to the seed dealer. 6 22 The bill provides that a person who violates a provision of 6 23 the chapter is guilty of an aggravated misdemeanor. An 6 24 aggravated misdemeanor is punishable by confinement for no 6 25 more than two years and a fine of at least $500 but not more 6 26 than $5,000. 6 27 LSB 3653YH 79 6 28 da/cls/14
Text: HF00740 Text: HF00742 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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