Text: S03348                            Text: S03350
Text: S03300 - S03399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 3349

Amendment Text

PAG LIN
  1  1    Amend House File 502, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 1, by inserting after line 13, the
  1  4 following:
  1  5    "   .  "Agricultural seed" means the same as
  1  6 defined in section 199.1."
  1  7    #2.  Page 2, by inserting after line 3, the
  1  8 following:
  1  9    "   .  "Biotechnological technique" means a
  1 10 practice used to alter the genetic characteristics of
  1 11 a plant by modifying the deoxyribonucleic acid of the
  1 12 plant's seed in a manner other than by using a
  1 13 conventional technique."
  1 14    #3.  Page 2, by inserting after line 5, the
  1 15 following:
  1 16    "   .  "Contamination" means the unintended
  1 17 presence of a seed or a plant or plant part that
  1 18 originates from a seed, if the seed has been
  1 19 genetically modified by using a biotechnological
  1 20 technique.
  1 21       .  "Conventional technique" means a practice
  1 22 used to alter the genetic characteristics of a plant
  1 23 by modifying the deoxyribonucleic acid of the plant's
  1 24 seed by breeding or pollination."
  1 25    #4.  Page 2, lines 11 and 12, by striking the words
  1 26 and figure "agricultural seed or vegetable seed as
  1 27 defined in section 199.1," and inserting the
  1 28 following:  "agricultural seed,".
  1 29    #5.  Page 2, line 13, by striking the word
  1 30 "commodity" and inserting the following:  "crop,
  1 31 including a grain crop, or other commodity as".
  1 32    #6.  Page 3, by inserting after line 17, the
  1 33 following:
  1 34    "   .  "Designated grain crop" means a grain crop
  1 35 that is produced from designated grain crop seed, as
  1 36 provided in section 717A.2.
  1 37       .  "Designated grain crop seed" means
  1 38 agricultural seed used to produce a grain crop, if the
  1 39 genetic characteristics of the agricultural seed have
  1 40 been modified by using a biotechnological technique.
  1 41       .  "Grain crop" means a crop that produces grain
  1 42 as defined in section 203.1."
  1 43    #7.  Page 3, by inserting after line 24, the
  1 44 following:
  1 45    "   .  "Neighboring field" means crop operation
  1 46 property where a grain crop may be planted adjoining
  1 47 or adjacent to an originating field that is owned by a
  1 48 person other than the person who owns the originating
  1 49 field.
  1 50       .  "Originating field" means crop operation
  2  1 property where designated grain crop seed has been
  2  2 planted."
  2  3    #8.  Page 4, lines 4 and 5, by striking the words
  2  4 "breeding or by using biotechnological systems or
  2  5 techniques" and inserting the following:  "using a
  2  6 biotechnological technique or conventional technique".
  2  7    #9.  Page 4, by inserting before line 6, the
  2  8 following:
  2  9    "   .  "Seed dealer" means a person who sells or
  2 10 offers for sale agricultural seed to persons on a
  2 11 retail basis.
  2 12       .  "Seed labeler" means a person required to
  2 13 label agricultural seed as provided in section 199.3
  2 14 or 199.4.
  2 15       .  "Seed technology provider" means a person who
  2 16 in preparing for sale agricultural seed required to be
  2 17 labeled pursuant to section 199.3 or 199.4 modifies
  2 18 the deoxyribonucleic acid of the agricultural seed by
  2 19 using a biotechnological technique.
  2 20       .  "Sound maintenance practices" means practices
  2 21 required to maintain a designated grain crop produced
  2 22 from a designated grain crop seed as provided in
  2 23 section 717A.2."
  2 24    #10.  Page 4, by striking lines 19 and 20, and
  2 25 inserting the following:
  2 26    "   .  A person acts in violation of this section
  2 27 as follows:"
  2 28    #11.  Page 4, line 21, by striking the word
  2 29 "Willfully" and inserting the following:  "A person
  2 30 shall not intentionally".
  2 31    #12.  Page 4, line 22, by inserting after the words
  2 32 "crop operation property" the following:  "without the
  2 33 consent of the owner".
  2 34    #13.  Page 4, line 23, by striking the word
  2 35 "Exercise" and inserting the following:  "A person
  2 36 shall not exercise".
  2 37    #14.  Page 4, line 25, by inserting after the word
  2 38 "property" the following:  "and without the consent of
  2 39 the owner".
  2 40    #15.  Page 4, line 26, by striking the word "Enter"
  2 41 and inserting the following:  "A person shall not
  2 42 enter".
  2 43    #16.  Page 4, line 28, by inserting after the word
  2 44 "person" the following:  ", acting without the consent
  2 45 of the owner,".
  2 46    #17.  Page 5, by inserting after line 12, the
  2 47 following:
  2 48    "d.  A seed labeler or seed technology provider
  2 49 shall not sell or offer for sale designated grain crop
  2 50 seed to a person for the production of a designated
  3  1 grain crop, if all of the following applies:
  3  2    (1)  The designated grain crop that originates from
  3  3 designated grain crop seed is sold or offered for sale
  3  4 in this state, and on December 1 of the previous year
  3  5 meets any one of the following criteria:
  3  6    (a)  Any grain produced from the designated grain
  3  7 crop or any food manufactured from that grain was
  3  8 prohibited from sale or use for human consumption by
  3  9 an agency of the federal government, including but not
  3 10 limited to the United States food and drug
  3 11 administration.
  3 12    (b)  All nations that imported a total of ten
  3 13 percent or more of grain produced from a specific
  3 14 species of grain crop prohibited the import of grain
  3 15 produced from that same species of grain crop because
  3 16 it was a designated grain crop according to statistics
  3 17 compiled by the United States department of
  3 18 agriculture or a person recognized by the United
  3 19 States department of agriculture.
  3 20    (2)  The seed labeler or seed technology provider
  3 21 of designated grain crop seed fails to provide sound
  3 22 maintenance practices for a designated grain crop
  3 23 produced from the designated grain crop seed as
  3 24 required by rules adopted by the department of
  3 25 agriculture and land stewardship.  The sound
  3 26 maintenance practices shall provide for any one of the
  3 27 following:
  3 28    (a)  A security plan or amendments to the security
  3 29 plan submitted to and approved by the department as
  3 30 required by the department.  The security plan shall
  3 31 ensure a closed system that provides no risk of
  3 32 contamination including contamination occurring
  3 33 because of any of the following:
  3 34    (i)  Prior to harvest, the designated grain crop
  3 35 contaminates another crop that is not a designated
  3 36 grain crop, if the other crop is maintained on a
  3 37 neighboring field.
  3 38    (ii)  After harvest, the designated grain crop or
  3 39 goods processed from the designated grain crop
  3 40 contaminates a crop that is not a designated grain
  3 41 crop or goods that are not processed from a designated
  3 42 grain crop.
  3 43    The closed system shall provide for maintaining the
  3 44 designated grain crop and for disposing of,
  3 45 transporting, processing, marketing, and utilizing of
  3 46 a designated grain crop or goods processed from the
  3 47 designated grain crop.  The security plan shall be
  3 48 accompanied by all necessary certifications by persons
  3 49 who will maintain the designated grain crop or dispose
  3 50 of, transport, process, or market the designated grain
  4  1 crop or goods processed from the designated grain
  4  2 crop.
  4  3    (b)  The dissemination of production information by
  4  4 the seed labeler or seed technology provider that
  4  5 shall be made conveniently available to each owner of
  4  6 a crop operation who produces the designated grain
  4  7 crop on an originating field.  The production
  4  8 information shall provide requirements for planting
  4  9 the designated grain crop seed a minimum distance from
  4 10 the boundary of a neighboring field, and methods to
  4 11 maintain the separated area in order to prevent a
  4 12 significant risk of contamination occurring from any
  4 13 of the following:
  4 14    (i)  The transfer of gene characteristics to
  4 15 another crop planted on a neighboring field by
  4 16 pollination, including by pollination of the crop or
  4 17 the pollination of other related plants inhabiting the
  4 18 neighboring field.
  4 19    (ii)  The transfer of designated grain crop seed to
  4 20 the neighboring field.
  4 21    For property that includes a road right-of-way,
  4 22 railroad right-of-way, or an access easement, a
  4 23 field's property line shall not be the boundary line
  4 24 of the right-of-way or easement."
  4 25    #18.  Page 6, by inserting after line 1, the
  4 26 following:
  4 27    "   .  For damages incurred by the owner of a
  4 28 neighboring field because of contamination from an
  4 29 originating field caused by a seed labeler or seed
  4 30 technology provider who sells designated grain crop
  4 31 seed without providing for sound maintenance
  4 32 practices, three times all actual and consequential
  4 33 losses."
  4 34    #19.  Page 6, by inserting after line 4, the
  4 35 following:
  4 36    "   .  a.  The owner of a crop operation who
  4 37 produces a designated grain crop shall not be found to
  4 38 be liable for damages caused by contamination, if the
  4 39 designated grain crop is produced in accordance with
  4 40 sound maintenance practices as provided in this
  4 41 section.
  4 42    b.  A seed dealer shall not be found liable for
  4 43 damages caused by contamination.
  4 44    A provision in a contract, a waiver, or a condition
  4 45 of a transaction that provides for the liability of a
  4 46 person contrary to this subsection is void and
  4 47 unenforceable."
  4 48    #20.  Page 6, by striking lines 5 through 7, and
  4 49 inserting the following:
  4 50    "   .  A person who violates this section is guilty
  5  1 of the following penalties:"
  5  2    #21.  Page 6, line 6, by striking the word
  5  3 "research".
  5  4    #22.  Page 6, line 12, by striking the word
  5  5 "research".
  5  6    #23.  Page 6, line 13, by striking the word
  5  7 "research".
  5  8    #24.  Page 6, by inserting after line 17, the
  5  9 following:
  5 10    "   .  For a violation of subsection 1, paragraph
  5 11 "d", the person is guilty of an aggravated
  5 12 misdemeanor."
  5 13    #25.  Page 6, by striking lines 18 through 30.
  5 14    #26.  By renumbering as necessary.  
  5 15 
  5 16 
  5 17                               
  5 18 MERLIN E. BARTZ 
  5 19 HF 502.705 79
  5 20 da/cls
     

Text: S03348                            Text: S03350
Text: S03300 - S03399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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