Text: HF02436 Text: HF02438 Text: HF02400 - HF02499 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. 6A. "Genetically engineered" means to
1 4 alter the genetic characteristics of a plant by modifying the
1 5 deoxyribonucleic acid of the plant's seed in a manner other
1 6 than by breeding or pollination.
1 7 NEW SUBSECTION. 14A. "Patent holder" means a person who
1 8 holds intellectual property rights in a plant or plant part,
1 9 including but not limited to a genetically engineered
1 10 agricultural seed or crop originating from a genetically
1 11 engineered agricultural seed, which is granted a letters
1 12 patent by the United States patent and trademark office of the
1 13 United States department of commerce.
1 14 NEW SUBSECTION. 19A. "Seed labeler" means a person
1 15 required to label seed as provided in section 199.3 or 199.4.
1 16 Sec. 2. Section 199.8, Code 2001, is amended by adding the
1 17 following new subsection:
1 18 NEW SUBSECTION. 4. A person who is a patent holder or
1 19 seed labeler shall not provide that the sale or offer for sale
1 20 of agricultural seed for the end purpose of crop production is
1 21 conditioned upon the purchaser of the agricultural seed
1 22 relinquishing a right to save a supply of the agricultural
1 23 seed for planting at any future time. Such provision in a
1 24 contract or license agreement is void, regardless of whether
1 25 the provision is contained as part of a label as required in
1 26 section 199.3 or 199.4 or as part of a separate agreement.
1 27 Sec. 3. EFFECTIVE DATE. This Act, being deemed of
1 28 immediate importance, takes effect upon enactment.
1 29 EXPLANATION
1 30 This bill amends Code chapter 199, which regulates the sale
1 31 of seed, including agricultural seed. The bill amends Code
1 32 section 199.8, which lists a number of illegal activities, by
1 33 providing that a person who is a patent holder of agricultural
1 34 seed or a person required under the Code chapter to label such
1 35 seed is prohibited from conditioning the sale or offer for
2 1 sale of agricultural seed upon the purchaser relinquishing a
2 2 right to save a supply of the agricultural seed for future
2 3 planting. The bill provides that a provision in a contract or
2 4 license agreement providing for such restriction is void.
2 5 According to Code section 199.13, a person who violates
2 6 Code section 199.8 is guilty of a simple misdemeanor
2 7 punishable by confinement for no more than 30 days or a fine
2 8 of at least $50 but not more than $500, or by both.
2 9 The bill takes effect upon enactment.
2 10 LSB 5655HH 79
2 11 da/sh/8.1
Text: HF02436 Text: HF02438 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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