Text: S03362 Text: S03364 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. (1) Except as otherwise provided in
2 49 subparagraph (2), a seed labeler or seed technology
2 50 provider shall not sell or offer for sale designated
3 1 grain crop seed to a person for the production of a
3 2 designated grain crop, if the designated grain crop
3 3 that originates from designated grain crop seed is
3 4 sold or offered for sale in this state, and on
3 5 December 1 of the previous year meets any one of the
3 6 following criteria:
3 7 (a) Any grain produced from the designated grain
3 8 crop or any food manufactured from that grain was
3 9 prohibited from sale or use for human consumption by
3 10 an agency of the federal government, including but not
3 11 limited to the United States food and drug
3 12 administration.
3 13 (b) A major nation importer of grain produced from
3 14 a specific species of grain crop prohibited the import
3 15 of the grain because it was produced from agricultural
3 16 seed genetically modified by using biotechnological
3 17 techniques. The department of agriculture and land
3 18 stewardship shall adopt rules pursuant to chapter 17A
3 19 that lists each major nation importer of grain
3 20 produced from a specific species of grain crop, based
3 21 on United States exports of the grain to nations that
3 22 import a substantial quantity of that grain from
3 23 exporting nations.
3 24 (2) A seed labeler or seed technology provider may
3 25 sell or offer for sale designated grain crop seed to a
3 26 person for the production of a designated grain crop,
3 27 if the seed labeler or seed technology provider
3 28 provides sound maintenance practices for the
3 29 designated grain crop as required by rules adopted by
3 30 the department of agriculture and land stewardship.
3 31 The sound maintenance practices shall provide for any
3 32 one of the following:
3 33 (a) A security plan or amendments to the security
3 34 plan submitted to and approved by the department as
3 35 required by the department. The security plan shall
3 36 ensure a closed system that provides a minimal risk of
3 37 contamination including contamination occurring
3 38 because of any of the following:
3 39 (i) Prior to harvest, the designated grain crop
3 40 contaminates another crop that is not a designated
3 41 grain crop, if the other crop is maintained on a
3 42 neighboring field.
3 43 (ii) After harvest, the designated grain crop or
3 44 goods processed from the designated grain crop
3 45 contaminates a crop that is not a designated grain
3 46 crop or goods that are not processed from a designated
3 47 grain crop.
3 48 The closed system shall provide for maintaining the
3 49 designated grain crop and for disposing of,
3 50 transporting, processing, marketing, and utilizing of
4 1 a designated grain crop or goods processed from the
4 2 designated grain crop. The security plan shall be
4 3 accompanied by all necessary certifications by persons
4 4 who will maintain the designated grain crop or dispose
4 5 of, transport, process, or market the designated grain
4 6 crop or goods processed from the designated grain
4 7 crop.
4 8 (b) The dissemination of production information by
4 9 the seed labeler or seed technology provider that
4 10 shall be made conveniently available to each owner of
4 11 a crop operation who produces the designated grain
4 12 crop on an originating field. The production
4 13 information shall provide requirements for planting
4 14 the designated grain crop seed a minimum distance from
4 15 the boundary of a neighboring field, and methods to
4 16 maintain the separated area in order to ensure a
4 17 minimal risk of contamination occurring from any of
4 18 the following:
4 19 (i) The transfer of gene characteristics to
4 20 another crop planted on a neighboring field by
4 21 pollination, including by pollination of the crop or
4 22 the pollination of other related plants inhabiting the
4 23 neighboring field.
4 24 (ii) The transfer of designated grain crop seed to
4 25 the neighboring field.
4 26 For property that includes a road right-of-way,
4 27 railroad right-of-way, or an access easement, a
4 28 field's property line shall not be the boundary line
4 29 of the right-of-way or easement."
4 30 #18. Page 6, by inserting after line 1, the
4 31 following:
4 32 " . For damages incurred by the owner of a
4 33 neighboring field because of contamination from an
4 34 originating field caused by a seed labeler or seed
4 35 technology provider who sells designated grain crop
4 36 seed without providing for sound maintenance
4 37 practices, three times all actual and consequential
4 38 losses."
4 39 #19. Page 6, by inserting after line 4, the
4 40 following:
4 41 " . a. The owner of a crop operation who
4 42 produces a designated grain crop shall not be found to
4 43 be liable for damages caused by contamination, if the
4 44 designated grain crop is produced in accordance with
4 45 sound maintenance practices as provided in this
4 46 section.
4 47 b. A seed dealer shall not be found liable for
4 48 damages caused by contamination if any of the
4 49 following applies:
4 50 (1) The seed dealer disseminates sound maintenance
5 1 information to a customer of designated grain crop
5 2 seed as required as part of a written contract
5 3 executed by the seed dealer and the seed labeler or
5 4 seed technology provider.
5 5 (2) The seed labeler or seed technology provider
5 6 fails to provide sound maintenance information to a
5 7 seed dealer. The sound maintenance information may be
5 8 either a notice that the designated grain crop seed is
5 9 subject to a security plan filed with the department
5 10 of agriculture and land stewardship or production
5 11 information as required in this section.
5 12 A provision in a contract, a waiver, or a condition
5 13 of a transaction that provides for the liability of a
5 14 person contrary to this subsection is void and
5 15 unenforceable."
5 16 #20. Page 6, by striking lines 5 through 7, and
5 17 inserting the following:
5 18 " . A person who violates this section is guilty
5 19 of the following penalties:"
5 20 #21. Page 6, line 12, by striking the word
5 21 "research".
5 22 #22. Page 6, line 13, by striking the word
5 23 "research".
5 24 #23. Page 6, by inserting after line 17, the
5 25 following:
5 26 " . For a violation of subsection 1, paragraph
5 27 "d", the person is guilty of an aggravated
5 28 misdemeanor."
5 29 #24. Page 6, by striking lines 18 through 30.
5 30 #25. By renumbering as necessary.
5 31
5 32
5 33
5 34 MERLIN E. BARTZ
5 35 HF 502.707 79
5 36 da/cls
Text: S03362 Text: S03364 Text: S03300 - S03399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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