Text: S03482 Text: S03484 Text: S03400 - S03499 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 before line 1, the 1 4 following: 1 5 "Section 1. Section 199.1, Code 2001, is amended 1 6 by adding the following new subsections: 1 7 NEW SUBSECTION. 5A. "Contamination" means the 1 8 unintended presence of a plant or plant part 1 9 transferred from an originating area to an area 1 10 without the presence of the plant or plant part that 1 11 alters the genetic characteristics of a plant. 1 12 NEW SUBSECTION. 5B. "Crop" means any plant 1 13 produced from an agricultural seed or vegetable seed, 1 14 or any harvested part of the plant. 1 15 NEW SUBSECTION. 6A. "Field" means an originating 1 16 field or a neighboring field. 1 17 NEW SUBSECTION. 6B. "Genetically modified" means 1 18 to alter the genetic characteristics of a plant by 1 19 modifying the deoxyribonucleic acid of the plant's 1 20 seed in a manner other than by breeding or 1 21 pollination. 1 22 NEW SUBSECTION. 19A. "Seed dealer" means a person 1 23 who sells or offers for sale agricultural seed or 1 24 vegetable seed to persons on a retail basis. 1 25 NEW SUBSECTION. 19B. "Seed labeler" means a 1 26 person required to label agricultural seed or 1 27 vegetable seed as provided in section 199.3 or 199.4. 1 28 Sec. . Section 199.3, subsection 1, Code 2001, 1 29 is amended by adding the following new paragraph: 1 30 NEW PARAGRAPH. f. The label shall include an 1 31 identification of genetically modified agricultural 1 32 seed or vegetable seed included in the container. If 1 33 the agricultural seed or vegetable seed is genetically 1 34 modified, the label shall comply with sections 199.22 1 35 and 199.23. 1 36 Sec. . Section 199.8, Code 2001, is amended by 1 37 adding the following new subsection: 1 38 NEW SUBSECTION. 4. A person shall not sell, offer 1 39 for sale, or expose for sale agricultural seed or 1 40 vegetable seed that has been genetically modified, if 1 41 the person has represented that that agricultural seed 1 42 or vegetable seed is not genetically modified. 1 43 Sec. . Section 199.13, Code 2001, is amended to 1 44 read as follows: 1 45 199.13 PENALTY. 1 46 1. a. Aviolation ofperson who violates this 1 47 chapter is guilty of a simple misdemeanor. 1 48 b. A person who violates subchapter 2 is subject 1 49 to a civil penalty of not more than one thousand 1 50 dollars. Civil penalties collected under this 2 1 paragraph shall be deposited in the general fund of 2 2 the state. 2 3 2. The department may institute criminal or civil 2 4 proceedings in a court of competent jurisdiction in 2 5 order to enforce this chapter. When in the 2 6 performance of thesecretary'sdepartment's duties in 2 7 enforcing this chapter thesecretarydepartment 2 8 applies to a court for a temporary or permanent 2 9 injunction restraining a person from violating or 2 10 continuing to violate any of the provisions of this 2 11 chapter or rules adopted under this chapter, the 2 12 injunction is to be issued without bond and the person 2 13 restrained by the injunction shall pay the costs made 2 14 necessary by the procedure. 2 15 SUBCHAPTER 2 2 16 GENETICALLY MODIFIED AGRICULTURAL SEED 2 17 Sec. . NEW SECTION. 199.21 APPLICABILITY. 2 18 The department, in consultation with the attorney 2 19 general, shall provide an exception from a requirement 2 20 in this subchapter as applied to any type of 2 21 genetically modified agricultural seed or genetically 2 22 modified vegetable seed that is sold or offered for 2 23 sale or transported in this state, if the department 2 24 determines that the requirement as applied to that 2 25 type of agricultural seed or vegetable seed has been 2 26 preempted by federal statute or regulation. The 2 27 department shall establish the exceptions by rule 2 28 adopted pursuant to chapter 17A. If an exception is 2 29 not provided for by rule, the department shall 2 30 establish the exception by declaratory order as 2 31 provided in section 17A.9, upon receipt of a petition 2 32 as provided for in that section. 2 33 Sec. . NEW SECTION. 199.22 NOTICE 2 34 REQUIREMENTS. 2 35 1. A seed labeler shall provide notice of an 2 36 agricultural seed or vegetable seed that is 2 37 genetically modified on the label of a container 2 38 holding the agricultural seed or vegetable seed as 2 39 provided in section 199.3 or on a placard as provided 2 40 in section 199.4. A seed dealer shall provide the 2 41 same notice in a disclosure statement to a person 2 42 purchasing the agricultural seed or vegetable seed on 2 43 a retail basis prior to or at the time of the 2 44 purchase. The disclosure statement may be contained 2 45 on a separate form or part of an invoice or bill of 2 46 sale evidencing a transaction. The seed dealer shall 2 47 not sell agricultural seed or vegetable seed that has 2 48 been genetically modified, unless the purchaser signs 2 49 the disclosure statement acknowledging that the 2 50 purchaser has read the statement. The seed dealer 3 1 shall maintain a copy of the acknowledged disclosure 3 2 statement as part of the seed dealer's business 3 3 records. 3 4 2. The form of the disclosure statement shall be 3 5 prescribed by rules adopted by the department. The 3 6 notice shall appear in a printed bold-faced font in at 3 7 least ten point type. The notice shall appear in the 3 8 following form: 3 9 NOTICE 3 10 GENETICALLY MODIFIED AGRICULTURAL OR 3 11 VEGETABLE SEED 3 12 This agricultural or vegetable seed is genetically 3 13 modified. Please consult the label appearing on this 3 14 package or the pamphlet required to be attached to the 3 15 container or accompanying the bulk sale of 3 16 agricultural or vegetable seed, regarding important 3 17 production information, including possible 3 18 restrictions, about the production and marketing of a 3 19 crop grown from this agricultural or vegetable seed. 3 20 Sec. . NEW SECTION. 199.23 PRODUCTION 3 21 INFORMATION REQUIREMENTS. 3 22 1. A seed labeler shall provide production 3 23 information for agricultural seed or vegetable seed 3 24 that has been genetically modified as required in this 3 25 section to the extent that the production information 3 26 is known by the seed labeler. The production 3 27 information shall appear on the label as provided in 3 28 section 199.3 or in a pamphlet attached to the 3 29 container or accompanying agricultural seed or 3 30 vegetable seed that is sold in bulk as provided in 3 31 section 199.4. A seed dealer shall not sell 3 32 agricultural seed or vegetable seed that the seed 3 33 labeler identifies as genetically modified, unless the 3 34 seed dealer provides the purchaser of agricultural 3 35 seed or vegetable seed with the production 3 36 information. The production information shall include 3 37 all of the following: 3 38 a. A brief description of the consequences of the 3 39 genetic modification, including but not limited to any 3 40 consequences affecting hardiness, growth rate, yield, 3 41 resistance, adaptability, appearance, or intrinsic 3 42 qualities such as oil content. 3 43 b. Sound management practices required to minimize 3 44 the risk of transferring gene characteristics to other 3 45 varieties of plants. The sound management practices 3 46 shall consist of requirements for planting 3 47 agricultural seed or vegetable seed that has been 3 48 genetically modified and methods to maintain the 3 49 separated area in order to prevent a significant risk 3 50 of contamination occurring from any of the following: 4 1 (1) The transfer of gene characteristics to crops 4 2 planted on a neighboring area by pollination, 4 3 including the pollination of crops or the pollination 4 4 of other related plants inhabiting the neighboring 4 5 area. 4 6 (2) The transfer of agricultural seed or vegetable 4 7 seed that has been genetically modified to a 4 8 neighboring area. 4 9 c. A notice, if necessary, regarding any financial 4 10 risks associated with marketing the crop, including 4 11 but not limited to restrictions regarding all of the 4 12 following: 4 13 (1) The handling and storage of the crop, 4 14 including segregation requirements. 4 15 (2) The sale of the crop in domestic and foreign 4 16 markets, including import restrictions imposed by 4 17 other nations. 4 18 (3) The use of the crop, including restrictions 4 19 regarding human consumption of the crop or products 4 20 processed using the crop. 4 21 2. The language used in the production information 4 22 shall comply with standard rules of spelling, grammar, 4 23 punctuation, and usage. The production information 4 24 shall be printed in a type size of not less than ten 4 25 points. The production information shall use terms 4 26 that are commonly understood by a reasonable person of 4 27 average intelligence, education, and experience who 4 28 regularly produces crops originating from the same 4 29 type of agricultural seed or vegetable seed that has 4 30 been genetically modified that the person is 4 31 purchasing. 4 32 Sec. . NEW SECTION. 199.24 FOOD CROPS NOT 4 33 APPROVED FOR HUMAN CONSUMPTION – COLOR-CODED SEEDS OR 4 34 SECURITY PLAN. 4 35 1. As used in this section, "designated seed" 4 36 means agricultural seed or vegetable seed producing a 4 37 crop that may be processed into a food product, but is 4 38 not approved for human consumption by an agency of the 4 39 federal government, including but not limited to the 4 40 United States food and drug administration, because 4 41 the agricultural seed or vegetable seed is genetically 4 42 modified. 4 43 2. a. A person shall not sell, offer for sale, or 4 44 transport designated seed in this state, unless any of 4 45 the following applies: 4 46 (1) The designated seed is artificially colored 4 47 solid blaze orange. 4 48 (2) The department approves a security plan, or 4 49 amendments to an approved security plan, submitted by 4 50 the person producing a crop from designated seed, 5 1 according to rules adopted by the department. The 5 2 security plan shall provide for sound management 5 3 practices used to ensure that there is no risk of 5 4 contamination, and for harvesting, storing, 5 5 transporting, processing, marketing, and utilizing 5 6 crops or goods processed from those crops in a manner 5 7 that provides no risk that the crops or goods 5 8 processed from the crops will be utilized for human 5 9 consumption. The security plan shall be accompanied 5 10 by all necessary certifications by persons who will 5 11 harvest, store, transport, process, or market the crop 5 12 or goods processed from the crop, as required by the 5 13 department. The department may approve amendments to 5 14 the security plan. 5 15 b. A person shall not sell, offer for sale, or 5 16 transport agricultural seed or vegetable seed in this 5 17 state that is artificially colored solid blaze orange, 5 18 unless it is designated seed. A person shall not 5 19 knowingly use management practices, or harvest, store, 5 20 transport, process, or market crops or goods processed 5 21 from those crops in violation of the security plan. 5 22 Sec. . NEW SECTION. 199.25 LIABILITY. 5 23 A person suffering damages resulting from an act 5 24 which is in violation of subchapter 2 may bring an 5 25 action in the district court against the person 5 26 causing the damage to recover all of the following: 5 27 1. Twice the amount of damages directly incurred 5 28 by market losses, based on the lost market value due 5 29 to contamination. If a contaminated crop has no 5 30 market value, the damages shall be twice the amount of 5 31 actual damages incurred in producing, harvesting, and 5 32 storing the crop. 5 33 2. A prevailing plaintiff in an action brought 5 34 under this section shall be awarded court costs and 5 35 reasonable attorney fees, which shall be taxed as part 5 36 of the costs of the action. 5 37 Sec. . NEW SECTION. 199.26 PENALTIES. 5 38 A person who violates subchapter 2 is guilty of 5 39 criminal mischief as provided in section 716.1, and 5 40 commits the same class of offense as provided in 5 41 sections 716.3 through 716.6 based on the amount of 5 42 damage incurred." 5 43 #2. Page 7, by inserting after line 2, the 5 44 following: 5 45 "Sec. . DIRECTIONS TO CODE EDITOR. The Code 5 46 editor shall organize chapter 199 in conformance with 5 47 this Act. The Code editor shall transfer sections 5 48 199.11 through 199.14 into a new subchapter 3. 5 49 Sec. . EFFECTIVE DATE. Sections 199.1, 199.3, 5 50 199.8, and 199.13, as amended by this Act, and 6 1 sections 199.21 through 199.26, as enacted by this 6 2 Act, take effect on September 1, 2001." 6 3 #3. Title page, line 1, by inserting after the 6 4 word "by" the following: "providing for genetically 6 5 modified agricultural crops,". 6 6 #4. By renumbering as necessary. 6 7 6 8 6 9 6 10 THOMAS FIEGEN 6 11 HF 502.216 79 6 12 da/gg
Text: S03482 Text: S03484 Text: S03400 - S03499 Text: S Index Bills and Amendments: General Index Bill History: General Index
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