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