Text: SF00538 Text: SF00540 Text: SF00500 - SF00599 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 202B.1 DEFINITIONS.
1 2 1. "Agricultural seed" means the same as defined in
1 3 section 199.1.
1 4 2. "Biotechnological technique" means a practice used to
1 5 alter the genetic characteristics of a plant by modifying the
1 6 deoxyribonucleic acid of the plant's seed in a manner other
1 7 than by using a conventional technique.
1 8 3. "Contamination" means the unintended presence of a seed
1 9 or a plant or plant part that originates from a seed, if the
1 10 seed has been genetically modified by using a biotechnological
1 11 technique.
1 12 4. "Conventional technique" means a practice used to alter
1 13 the genetic characteristics of a plant by modifying the
1 14 deoxyribonucleic acid of the plant's seed by breeding or
1 15 pollination.
1 16 5. "Crop" means any plant originating from an agricultural
1 17 seed that belongs to a species produced for its parts or
1 18 products having commercial value.
1 19 6. "Designated grain crop" means a grain crop that meets
1 20 the requirements of section 202B.2.
1 21 7. "Grain crop" means a crop that produces grain as
1 22 defined in section 203.1.
1 23 8. "Neighboring field" means land where agricultural seed
1 24 used to produce a grain crop may be planted, that adjoins or
1 25 is adjacent to an originating field, and is owned by a person
1 26 other than the person who owns the originating field.
1 27 9. "Originating field" means land where agricultural seed
1 28 that is genetically modified using a biotechnological
1 29 technique and used to produce a grain crop has been planted.
1 30 10. "Seed dealer" means a person who sells or offers for
1 31 sale agricultural seed to persons on a retail basis.
1 32 11. "Seed labeler" means a person required to label
1 33 agricultural seed as provided in section 199.3 or 199.4.
1 34 12. "Seed technology provider" means a person who in
1 35 preparing for sale agricultural seed required to be labeled
2 1 pursuant to section 199.3 or 199.4 genetically modifies the
2 2 agricultural seed by using a biotechnological technique.
2 3 Sec. 2. NEW SECTION. 202B.2 DESIGNATED GRAIN CROP –
2 4 APPLICABILITY.
2 5 This chapter applies to a designated grain crop. A
2 6 designated grain crop originates from an agricultural seed
2 7 that has been genetically modified using a biotechnological
2 8 technique, that is sold or offered for sale in this state, and
2 9 on December 1 of the previous year meets any one of the
2 10 following criteria:
2 11 1. Any grain produced from the grain crop or any food
2 12 manufactured from that grain was prohibited from sale or use
2 13 for human consumption by an agency of the federal government,
2 14 including but not limited to the United States food and drug
2 15 administration.
2 16 2. A major nation importer of grain that is produced from
2 17 a specific species of grain crop prohibited the import of the
2 18 grain because it was produced from agricultural seed
2 19 genetically modified by using a biotechnological technique.
2 20 The department of agriculture and land stewardship shall adopt
2 21 rules pursuant to chapter 17A that lists each major nation
2 22 importer of grain that is produced from a specific species of
2 23 grain crop, which may be based on statistics compiled by the
2 24 United States department of agriculture.
2 25 Sec. 3. NEW SECTION. 202B.3 SOUND PRODUCTION PRACTICES.
2 26 As used in this chapter, a person produces the designated
2 27 grain crop using sound production practices by planting
2 28 agricultural seed used to produce the designated grain crop on
2 29 an originating field a minimum distance from a neighboring
2 30 field, and by complying with methods to maintain the separated
2 31 area in order to ensure a minimal risk of contamination
2 32 occurring from any of the following:
2 33 1. The transfer of gene characteristics to another crop
2 34 planted on a neighboring field by pollination, including by
2 35 pollination of the crop or the pollination of other related
3 1 plants inhabiting the neighboring field.
3 2 2. The transfer of agricultural seed used to produce a
3 3 designated grain crop to the neighboring field.
3 4 For property that includes a road right-of-way, railroad
3 5 right-of-way, or an access easement, a neighboring field's
3 6 property line shall not be the boundary line of the right-of-
3 7 way or easement.
3 8 Sec. 4. NEW SECTION. 202B.4 SECURITY REQUIREMENTS.
3 9 A seed labeler or seed technology provider shall not sell
3 10 or offer for sale agricultural seed used to produce a
3 11 designated grain crop to a person for the production of the
3 12 designated grain crop, except as provided in this section.
3 13 The seed labeler or seed technology provider must provide a
3 14 security policy for the designated grain crop as required by
3 15 rules adopted by the department of agriculture and land
3 16 stewardship. The security policy shall provide for any one of
3 17 the following:
3 18 1. A security plan or amendments to the security plan
3 19 submitted to and approved by the department as required by the
3 20 department. The security plan shall ensure a closed system
3 21 that provides a minimal risk of contamination including
3 22 contamination occurring because of any of the following:
3 23 a. Prior to harvest, the designated grain crop
3 24 contaminates another crop that is not a designated grain crop,
3 25 produced on a neighboring field. The security plan shall
3 26 include a description of sound production practices as
3 27 provided in section 202B.3.
3 28 b. After harvest, the designated grain crop or goods
3 29 processed from the designated grain crop contaminates a crop
3 30 that is not a designated grain crop or goods that are not
3 31 processed from a designated grain crop.
3 32 The closed system shall provide for planting the
3 33 agricultural seed; for producing, harvesting, and storing the
3 34 designated grain crop; and for disposing of, transporting,
3 35 processing, marketing, and utilizing the designated grain crop
4 1 or goods processed from the designated grain crop. The
4 2 security plan shall be accompanied by all necessary
4 3 certifications by persons who will maintain the designated
4 4 grain crop or dispose of, transport, process, market, or
4 5 utilize the designated grain crop or goods processed from the
4 6 designated grain crop.
4 7 2. The dissemination of production information by the seed
4 8 technology provider or seed labeler to each seed dealer
4 9 selling agricultural seed used to produce a designated crop
4 10 for distribution to every person who produces a designated
4 11 grain crop originating from the agricultural seed prepared by
4 12 the seed technology provider or labeled by the seed labeler.
4 13 The production information shall include a description of
4 14 sound production practices as provided in section 202B.3.
4 15 Sec. 5. NEW SECTION. 202B.5 CIVIL LIABILITY.
4 16 1. A person who produces a designated grain crop shall not
4 17 be found liable for damages caused by contamination if the
4 18 person produces the designated grain crop in accordance with
4 19 sound production practices.
4 20 2. a. A person suffering damages resulting from
4 21 contamination may bring an action in district court against a
4 22 seed technology provider or seed labeler to recover three
4 23 times all actual and consequential damages.
4 24 b. A prevailing plaintiff in an action brought under this
4 25 section shall be awarded court costs and reasonable attorney
4 26 fees, which shall be taxed as part of the costs of the action.
4 27 3. A seed dealer shall not be found liable for damages
4 28 caused by contamination if any of the following applies:
4 29 a. The seed dealer distributes information regarding a
4 30 security policy for the agricultural seed used to produce a
4 31 designated grain crop that has caused the contamination. The
4 32 information may be either a notice that the designated grain
4 33 crop is subject to a security plan filed with and approved by
4 34 the department of agriculture and land stewardship or
4 35 production information received from the seed technology
5 1 provider or seed labeler including a description of sound
5 2 production practices as provided in section 202B.3.
5 3 b. The seed technology provider or seed labeler fails to
5 4 file a security plan with the department of agriculture and
5 5 land stewardship or fails to provide production information to
5 6 the seed dealer.
5 7 4. A provision in a contract, a waiver, or a condition of
5 8 a transaction that provides for the liability of a person
5 9 contrary to this subsection is void and unenforceable.
5 10 Sec. 6. NEW SECTION. 202B.6 ENFORCEMENT.
5 11 The attorney general shall institute suits on behalf of the
5 12 state to enforce this chapter.
5 13 Sec. 7. NEW SECTION. 202B.7 CRIMINAL PENALTIES.
5 14 A person who violates this chapter is guilty of an
5 15 aggravated misdemeanor.
5 16 EXPLANATION
5 17 This bill relates to the contamination from genetic
5 18 material originating from agricultural seeds that have been
5 19 genetically modified using biotechnological techniques. The
5 20 bill regulates a designated grain crop. In order to be
5 21 classified as a designated grain crop, the crop must originate
5 22 from genetically modified agricultural seed sold in the state
5 23 and on December 1 of the previous year the crop's grain must
5 24 have been prohibited for use for human consumption by the
5 25 federal government, or a major nation importer of grain
5 26 produced from a specific species of grain crop must have
5 27 prohibited the import of the grain because it was produced
5 28 from agricultural seed that was genetically modified using
5 29 biotechnological techniques.
5 30 The bill provides that a person who develops the seed
5 31 (referred to as the "seed technology provider") or the person
5 32 required to label the seed under chapter 199 (referred to as
5 33 the "seed labeler") must provide for a security policy. The
5 34 policy may be a security plan approved by the department of
5 35 agriculture and land stewardship that provides for a closed
6 1 system that provides a minimal risk of contamination or the
6 2 dissemination of production information that is made available
6 3 to crop producers. In both cases, the policy must provide for
6 4 sound production practices that include planting the
6 5 designated grain crop seed a minimum distance from the
6 6 boundary of a neighboring field and methods to maintain the
6 7 separated area in order to ensure a minimal risk of
6 8 contamination.
6 9 The bill provides that a person who produces a designated
6 10 grain crop is not liable for damages caused by contamination
6 11 if the person produces the designated grain crop in accordance
6 12 with sound production practices. The bill provides that a
6 13 person suffering damages from contamination may bring an
6 14 action in district court against a seed technology provider or
6 15 seed labeler to recover three times all actual and
6 16 consequential damages. The bill provides that a seed dealer
6 17 shall not be found liable for damages caused by contamination
6 18 if the seed dealer disseminates production information
6 19 regarding the security policy for the designated grain crop,
6 20 or if the seed labeler or seed technology provider fails to
6 21 provide such production information to the seed dealer.
6 22 The bill provides that a person who violates a provision of
6 23 the chapter is guilty of an aggravated misdemeanor. An
6 24 aggravated misdemeanor is punishable by confinement for no
6 25 more than two years and a fine of at least $500 but not more
6 26 than $5,000.
6 27 LSB 3653XS 79
6 28 da/cls/14
Text: SF00538 Text: SF00540 Text: SF00500 - SF00599 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed May 9 09:40:00 CDT 2001
URL: /DOCS/GA/79GA/Legislation/SF/00500/SF00539/010427.html
jhf