Text: SF00079 Text: SF00081 Text: SF00000 - SF00099 Text: SF 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 crop by modifying the
1 5 deoxyribonucleic acid of the crop's agricultural seed in a
1 6 manner other than by breeding or pollination.
1 7 NEW SUBSECTION. 6B. "Grain" means the same as defined in
1 8 section 203.1.
1 9 NEW SUBSECTION. 6C. "Grain crop" means a plant produced
1 10 from agricultural seed.
1 11 NEW SUBSECTION. 19A. "Seed labeler" means a person
1 12 required to label seed as provided in section 199.3 or 199.4.
1 13 Sec. 2. Section 199.3, subsection 1, Code 2001, is amended
1 14 by adding the following new paragraph:
1 15 NEW PARAGRAPH. f. If the seed is a genetically modified
1 16 agricultural seed, the label shall state the sound management
1 17 practices necessary to produce a genetically modified grain
1 18 crop in accordance with section 199.7A.
1 19 Sec. 3. NEW SECTION. 199.7A GENETICALLY MODIFIED
1 20 AGRICULTURAL SEED – SOUND MANAGEMENT PRACTICES – LIABILITY.
1 21 1. As used in this section:
1 22 a. "Contamination" means the unintended presence of a
1 23 plant or plant part transferred from an originating field to
1 24 an area without the presence of the plant or plant part that
1 25 alters the genetic characteristics of a plant.
1 26 b. "Designated crop" means a designated genetically
1 27 modified grain crop, as provided in this section.
1 28 c. "Field" means an originating field or a neighboring
1 29 field.
1 30 d. "Neighboring field" means the property adjoining an
1 31 originating field that is owned by a person other than the
1 32 person who owns the originating field.
1 33 e. "Originating field" means the property where
1 34 genetically modified agricultural seed has been planted.
1 35 2. A seed labeler shall develop sound management practices
2 1 for producing a designated genetically modified grain crop. A
2 2 designated genetically modified grain crop is a grain crop
2 3 that originates from genetically modified agricultural seed,
2 4 that the seed labeler sells or offers for sale, and that on
2 5 December 1 of the previous year meets any of the following
2 6 criteria:
2 7 a. Any grain produced from the genetically modified grain
2 8 crop or any food manufactured from that grain was prohibited
2 9 from sale or use for human consumption by the United States
2 10 food and drug administration.
2 11 b. All nations that imported a total of ten percent or
2 12 more of grain produced from a specific species of grain crop
2 13 prohibited the import of grain produced from that same species
2 14 of grain crop because it was genetically modified.
2 15 3. The sound management practices required for a
2 16 designated crop shall consist of requirements for planting
2 17 genetically modified agricultural seed on an originating field
2 18 a minimum distance from the boundary of a neighboring field
2 19 and methods to maintain the separated area in order to prevent
2 20 a significant risk of contamination occurring from any of the
2 21 following:
2 22 a. The transfer of gene characteristics to crops planted
2 23 on a neighboring field by pollination, including the
2 24 pollination of crops or the pollination of other related
2 25 plants inhabiting the neighboring field.
2 26 b. The transfer of genetically modified agricultural seed
2 27 to a neighboring field.
2 28 For property that includes a road right-of-way, railroad
2 29 right-of-way, or an access easement, the property's boundary
2 30 line shall not be the boundary line of the right-of-way or
2 31 easement.
2 32 4. a. A person who produces a designated crop shall not
2 33 be found to be liable for damages caused by the contamination
2 34 of another person's property, if the designated crop is
2 35 produced in accordance with sound management practices as
3 1 provided on the label for the agricultural seed's container
3 2 pursuant to section 199.3.
3 3 b. A seed labeler shall be strictly liable for damages
3 4 caused by the contamination of a person's property, if a
3 5 person who produces a designated crop on an originating field
3 6 complies with sound management practices developed by the seed
3 7 labeler as provided on the label for the agricultural seed's
3 8 container pursuant to section 199.3.
3 9 EXPLANATION
3 10 This bill relates to the contamination from genetic
3 11 material originating from genetically modified agricultural
3 12 seeds of other property. The bill applies to certain
3 13 designated grain crops which have been genetically modified.
3 14 In order to be classified as a designated genetically
3 15 modified grain crop, the crop must originate from genetically
3 16 modified agricultural seed and on December 1 of the previous
3 17 year the crop's grain was prohibited for use for human
3 18 consumption according to the United States food and drug
3 19 administration, or all nations that imported a total of 10
3 20 percent or more grain from a specific grain crop prohibited
3 21 the import of grain produced from that same species of grain
3 22 crop because it was genetically modified.
3 23 The bill provides that a person required to label the seed
3 24 (referred to as the "seed labeler") must develop sound
3 25 management practices for producing the designated crop. The
3 26 practices must consist of requirements for planting
3 27 genetically modified agricultural seed a minimum distance from
3 28 the boundary of a neighboring field and methods to maintain
3 29 the separated area in order to prevent a significant risk of
3 30 contamination either by pollination or seed dispersal.
3 31 The bill provides that a person who produces a designated
3 32 crop shall not be found to be liable for damages caused by the
3 33 contamination of another person's property, if the crop is
3 34 produced in accordance with the seed labeler's sound
3 35 management practices. The bill provides that a seed labeler
4 1 shall be strictly liable for damages caused by the
4 2 contamination of a person's property, if a person who produces
4 3 a designated crop on an originating field complies with the
4 4 seed labeler's sound management practices as provided on the
4 5 label.
4 6 A person violating Code chapter 199 is guilty of a simple
4 7 misdemeanor.
4 8 LSB 1667SV 79
4 9 da/cls/14
Text: SF00079 Text: SF00081 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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