Text: HF02437 Text: HF02439 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 modified" means to alter
1 4 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 rights of intellectual property in a plant or plant
1 9 part, including but not limited to a genetically engineered
1 10 crop seed or crop originating from a genetically engineered
1 11 crop seed, which is granted under letters patent by the United
1 12 States patent and trademark office of the United States
1 13 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 engage in unfair pricing practices when
1 20 selling or offering for sale genetically modified agricultural
1 21 seed for the end purpose of crop production, regardless of
1 22 whether the purchaser is a producer or a vendor who resells
1 23 the agricultural seed. For purposes of this subsection, a
1 24 person engages in unfair pricing practices by charging a
1 25 purchaser an assessment including but not limited to a fee or
1 26 royalty, based on the genetic modification or the genetic
1 27 characteristics of the agricultural seed, but the person does
1 28 not charge the same assessment to another purchaser in this
1 29 state or in any other domestic or foreign market. Any
1 30 provision in a contract providing an assessment in violation
1 31 of this subsection is void.
1 32 Sec. 3. EFFECTIVE DATE. This Act, being deemed of
1 33 immediate importance, takes effect upon enactment.
1 34 EXPLANATION
1 35 This bill amends Code chapter 199, which regulates the sale
2 1 of seed including agricultural seed. The bill amends Code
2 2 section 199.8, which lists a number of illegal activities, by
2 3 prohibiting a person who is a patent holder or seed labeler of
2 4 agricultural seed from engaging in unfair pricing practices
2 5 when selling or offering for sale genetically modified
2 6 agricultural seed for the end purpose of crop production.
2 7 The bill provides that unfair pricing practices occur when
2 8 the person charges the purchaser an assessment based on the
2 9 agricultural seed's genetic modification, but the person does
2 10 not charge the same assessment to another purchaser in this
2 11 state or in any other domestic or foreign market.
2 12 The bill provides that a provision in a contract providing
2 13 for such an assessment is void.
2 14 According to Code section 199.13, a person who violates
2 15 Code section 199.8 is guilty of a simple misdemeanor. A
2 16 simple misdemeanor is punishable by confinement for no more
2 17 than 30 days or a fine of at least $50 but not more than $500,
2 18 or by both.
2 19 The bill takes effect upon enactment.
2 20 LSB 5659HH 79
2 21 da/sh/8
Text: HF02437 Text: HF02439 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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