Text: H01274 Text: H01276 Text: H01200 - H01299 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 611 as follows:
1 2 #1. Page 4, by inserting after line 23 the
1 3 following:
1 4 "Sec. . Section 199.8, Code 2003, is amended by
1 5 adding by adding the following new subsection:
1 6 NEW SUBSECTION. 4. It is unlawful for a person to
1 7 do any of the following:
1 8 a. Purchase agricultural seed that produces a
1 9 precision-use crop, unless the person is certified
1 10 pursuant to section 199A.6.
1 11 b. Grow a precision-use crop unless the person
1 12 growing the crop is certified pursuant to section
1 13 199A.6.
1 14 Sec. . NEW SECTION. 199A.1 DEFINITIONS.
1 15 As used in this chapter, unless the context
1 16 otherwise requires:
1 17 1. "Conventional crop" means a crop other than a
1 18 precision-use crop.
1 19 2. "Council" means the crop bio-integrity council
1 20 as established pursuant to section 199A.3.
1 21 3. "Crop" means a plant producing grain as defined
1 22 in section 203.1.
1 23 4. "Crop seed" means an agricultural seed as
1 24 defined in section 199.1 that may be used to produce a
1 25 crop.
1 26 5. "Department" means the department of
1 27 agriculture and land stewardship.
1 28 6. "Genetic modification" means a scientific
1 29 process that involves changing an organism's original
1 30 genetic code or modifying enzymes in living cells to
1 31 cause a specific biochemical reaction, other than by
1 32 breeding or pollination.
1 33 7. "Precision-use crop" means a crop originating
1 34 from genetically modified crop seeds if the crop is
1 35 designed to be produced for a specific purpose other
1 36 than for human consumption as food or animal
1 37 consumption as feed as designated by the United States
1 38 food and drug administration, or the United States
1 39 department of agriculture.
1 40 8. "Precision-use crop farmer" means any of the
1 41 following:
1 42 a. A person who regularly and frequently makes or
1 43 takes an important part in making management decisions
1 44 substantially contributing to or affecting the success
1 45 of the farm operation where precision-use crops are
1 46 produced.
1 47 b. A person who performs physical work which
1 48 significantly contributes to the production of
1 49 precision-use crops.
1 50 9. "Secretary" means the secretary of agriculture.
2 1 10. "Seed labeler" means a person required to
2 2 label agricultural seed or vegetable seed as provided
2 3 in section 199.3 or 199.4.
2 4 11. "Transgenic process" means a form of genetic
2 5 modification that alters the genetic structure of an
2 6 organism by inserting a foreign gene into the
2 7 organism's original genetic code.
2 8 Sec. . NEW SECTION. 199A.2 OFFICE OF CROP
2 9 BIO-INTEGRITY.
2 10 The department may establish an office of crop bio-
2 11 integrity which shall be staffed by personnel as
2 12 designated by the secretary. If an office is
2 13 established, the secretary shall appoint a coordinator
2 14 to head the office. The coordinator may also serve
2 15 another position in the department. If created, the
2 16 office shall be the chief administrative unit of the
2 17 department responsible for the enforcement of this
2 18 chapter.
2 19 Sec. . NEW SECTION. 199A.3 CROP BIO-INTEGRITY
2 20 COUNCIL – ESTABLISHMENT.
2 21 A crop bio-integrity council is established within
2 22 the department.
2 23 1. The council shall be composed of the following
2 24 persons:
2 25 a. The dean of the college of agriculture, Iowa
2 26 state university of science and technology, or the
2 27 dean's designee who shall be a specialist in crop
2 28 science knowledgeable about microbiology.
2 29 b. The dean of college of pharmacy, university of
2 30 Iowa, or the dean's designee who possesses a doctoral
2 31 degree recognized by the American council of
2 32 pharmaceutical education from a college of pharmacy
2 33 approved by the board of pharmacy examiners.
2 34 c. The state entomologist appointed pursuant to
2 35 section 177A.3.
2 36 d. The administrator of the department's grain
2 37 warehouse bureau.
2 38 e. Eleven persons appointed by the secretary, who
2 39 shall include all of the following:
2 40 (1) Four persons who represent a scientific field
2 41 of study which relates to the following:
2 42 (a) Plant genetics. The person shall have a sound
2 43 scientific background in transgenic processes.
2 44 (b) Plant toxicology.
2 45 (c) Statistics.
2 46 (d) Pollination and conventional plant breeding
2 47 techniques and breeding populations.
2 48 (2) Seven farmers who are actively engaged in
2 49 producing crops. Five farmers shall be producers of
2 50 genetically modified crops and two farmers shall be
3 1 producers of conventional crops.
3 2 2. a. The secretary shall accept nominations from
3 3 organizations representing persons who serve on the
3 4 council, as determined by the secretary making
3 5 appointments under this section. The organizations
3 6 shall at least include the Iowa corn growers
3 7 association, the Iowa soybean association, the Iowa
3 8 farm bureau, and the agribusiness association of Iowa.
3 9 The secretary shall strive to include persons
3 10 responsible for labeling packages of agricultural
3 11 seeds as provided in chapter 199.
3 12 b. The appointed members of the council shall
3 13 serve staggered terms of four years, except that the
3 14 initial council members shall serve unequal terms as
3 15 designated by the secretary. A person appointed to
3 16 fill a vacancy for an appointed member shall serve
3 17 only for the unexpired portion of the term. An
3 18 appointed member is eligible for reappointment for
3 19 three successive terms.
3 20 c. Appointments of members are subject to the
3 21 requirements of sections 69.16 and 69.16A. In
3 22 addition, the appointments shall be geographically
3 23 balanced, unless the secretary determines that this
3 24 requirement is not feasible.
3 25 d. The secretary may remove an appointed member,
3 26 if the removal is based on the member's misfeasance,
3 27 malfeasance, or willful neglect of duty or other just
3 28 cause, after notice and hearing, unless the notice and
3 29 hearing is expressly waived in writing.
3 30 4. The council shall meet and elect a chairperson
3 31 from among its members for a term of one year. The
3 32 council shall meet on a regular basis and at the call
3 33 of the chairperson or upon the written request to the
3 34 chairperson of three or more members. The department
3 35 shall provide administrative support to the council.
3 36 The coordinator of the crop bio-integrity office, if
3 37 appointed, shall serve as secretary to the council.
3 38 5. A majority of the council constitutes a quorum
3 39 and an affirmative vote of the majority of members is
3 40 necessary for substantive action taken by the council.
3 41 The majority shall not include any member who has a
3 42 conflict of interest and a statement by a member of a
3 43 conflict of interest shall be conclusive for this
3 44 purpose. A vacancy in the membership does not impair
3 45 the right of a quorum to exercise all rights and
3 46 perform all duties of the council.
3 47 Sec. . NEW SECTION. 199A.4 CROP BIO-INTEGRITY
3 48 COUNCIL – DUTIES.
3 49 The crop bio-integrity council shall assist the
3 50 department in implementing and administering the
4 1 provisions of this chapter. The council shall do all
4 2 of the following:
4 3 1. a. Develop and propose a precision-use crop
4 4 certification program as provided in section 199A.6 as
4 5 a recommendation to the department. The department
4 6 shall consider the proposed program and respond to the
4 7 council in writing if the department fails to accept
4 8 any significant part of the proposed program. The
4 9 department shall adopt rules to implement or
4 10 administer the program only after consultation with
4 11 the council. The council may provide a short
4 12 statement providing its opinion regarding a proposed
4 13 rule in the preamble to the notice of intended action
4 14 published in the Iowa administrative bulletin pursuant
4 15 to section 17A.4.
4 16 b. Receive and evaluate applications from persons
4 17 seeking to be designated as an instructional service
4 18 as provided in section 199A.5. The council shall
4 19 periodically review the performance of the
4 20 instructional service and make recommendations to the
4 21 department as required to improve the precision-use
4 22 crop certification program.
4 23 2. Develop and propose sound management practices
4 24 for precision-use crop production as provided in
4 25 section 199A.7 as a recommendation to the department.
4 26 The department shall consider the proposed sound
4 27 management practices and respond to the council in
4 28 writing if the department fails to accept any
4 29 significant part of the proposed management practices.
4 30 The department shall adopt rules to implement or
4 31 administer sound management practices only after
4 32 consultation with the council. The council may
4 33 provide a short statement providing its opinion
4 34 regarding a proposed rule in the preamble to the
4 35 notice of intended action published in the Iowa
4 36 administrative bulletin pursuant to section 17A.4.
4 37 3. Develop and propose a schedule for civil
4 38 penalties as provided in section 199A.12 as a
4 39 recommendation to the department. The council may
4 40 propose a schedule of penalties for minor and serious
4 41 violations. The department shall consider the
4 42 proposed schedule and respond to the council in
4 43 writing if the department fails to accept any
4 44 significant part of the proposed schedule. The
4 45 department shall adopt rules to establish a schedule
4 46 of civil penalties only after consultation with the
4 47 council. The council may provide a short statement
4 48 providing its opinion regarding a proposed rule in the
4 49 preamble to the notice of intended action published in
4 50 the Iowa administrative bulletin pursuant to section
5 1 17A.4.
5 2 4. Review and evaluate applications submitted to
5 3 the department of economic development for financial
5 4 assistance under the precision-use crop utilization
5 5 financial assistance program as provided in section
5 6 15E.113
5 7 5. Monitor developments in areas related to
5 8 genetic modifications in crops and especially
5 9 transgenic processes. The council shall inform and
5 10 advise the department, other state agencies, and the
5 11 committees of the general assembly regarding
5 12 scientific research and proposed or adopted regulatory
5 13 systems. The council shall cooperate with
5 14 administrative units of the United States government,
5 15 business, and educational institutions in carrying out
5 16 this subsection.
5 17 Sec. . NEW SECTION. 199A.5 PRECISION-USE CROP
5 18 CERTIFICATION PROGRAM – DESIGNATION OF AN
5 19 INSTRUCTIONAL SERVICE.
5 20 The department may designate one or more persons as
5 21 instructional services which are authorized to
5 22 administer the precision-use crop certification
5 23 program as provided in section 199A.6. The person may
5 24 be a public agency or a private organization. A
5 25 person shall not be designated as an instructional
5 26 service unless the person meets qualifications
5 27 established by the department after consultation with
5 28 the council as provided in section 199A.4. The person
5 29 must at least demonstrate that the person has access
5 30 to facilities necessary in order to provide for the
5 31 instruction and is managed by individuals who have
5 32 knowledge of crop production and transgenic processes.
5 33 The department may immediately cancel a contract with
5 34 a person who fails to comply with the requirements of
5 35 the department.
5 36 Sec. . NEW SECTION. 199A.6 PRECISION-USE CROP
5 37 CERTIFICATION PROGRAM – REQUIREMENTS.
5 38 1. The department shall establish and administer a
5 39 precision-use crop certification program as provided
5 40 in this section and section 199A.4. A person shall
5 41 not act as a precision-use crop farmer, unless the
5 42 person is certified pursuant to the program as
5 43 administered by the department or an instructional
5 44 service as provided in section 199A.5. A
5 45 certification shall expire each two years as provided
5 46 by the department.
5 47 2. The person shall be certified after completing
5 48 an educational program and demonstrating competency in
5 49 a manner determined by the department in consultation
5 50 with the council. Continuing educational courses
6 1 shall be required as determined by the department in
6 2 consultation with the council.
6 3 3. The educational program must at least provide
6 4 instruction or an examination regarding sound
6 5 management practices associated with producing
6 6 precision-use crops, including sound management
6 7 practices as provided in section 199A.7. The
6 8 department may adopt rules providing exceptions from
6 9 these requirements when the requirements are
6 10 impracticable or do not achieve a substantial benefit
6 11 when balanced against the cost.
6 12 4. The department may charge a fee for certifying
6 13 a person under this section. The fee for
6 14 certification shall be based on the costs of
6 15 administering and enforcing the program and paying the
6 16 expenses of the department relating to certification.
6 17 Sec. . NEW SECTION. 199A.7 PRECISION-USE CROP
6 18 PRODUCTION – SOUND MANAGEMENT PRACTICES.
6 19 1. The department shall establish and enforce
6 20 sound management practices for precision-use crop
6 21 production. The practices shall meet applicable
6 22 standards of the federal government which may include
6 23 those promulgated by the United States food and drug
6 24 administration and the United States department of
6 25 agriculture. The sound management practices shall at
6 26 least provide methods to reduce risks associated with
6 27 all of the following:
6 28 a. Commingling crop seed that may be used to
6 29 produce a precision-use crop with crop seed that may
6 30 produce a conventional crop.
6 31 b. Commingling grain produced from a precision-use
6 32 crop with grain produced from a conventional crop.
6 33 c. Contamination caused by the unintended transfer
6 34 and incorporation of genetic material between a
6 35 precision-use crop and a conventional crop during
6 36 production.
6 37 2. A person shall not do any of the following:
6 38 a. Sell crop seed that may be used to produce a
6 39 conventional crop if the crop seed is commingled with
6 40 crop seed that may be used to produce a precision-use
6 41 crop.
6 42 b. Sell crop grain that was produced from a
6 43 conventional crop if the crop grain is commingled with
6 44 the crop grain produced from a precision-use crop.
6 45 Sec. . NEW SECTION. 199A.8 LIABILITY.
6 46 1. A seed labeler who sells crop seed to a
6 47 purchaser is liable for damages as provided in this
6 48 subsection.
6 49 a. The damages must be the result of any of the
6 50 following:
7 1 (1) Commingling of crop seed that may be used to
7 2 produce a precision-use crop with crop seed that may
7 3 produce a conventional crop.
7 4 (2) Commingling grain produced from a precision-
7 5 use crop with grain produced from a conventional crop.
7 6 (3) Contamination caused by the transfer and
7 7 incorporation of genetic material between a precision-
7 8 use crop and a conventional crop during production.
7 9 b. The seed labeler must have failed to provide
7 10 notice to the purchaser of management practices
7 11 required to provide methods to reduce risks associated
7 12 with commingling or contamination which are in
7 13 addition to sound management practices as provided in
7 14 section 199A.7. The notification must be in writing
7 15 and provided to the purchaser at the time of sale.
7 16 c. The purchaser must be certified pursuant to
7 17 section 199A.6.
7 18 d. The precision-use crop must have produced in
7 19 compliance with sound management practices to reduce
7 20 risks associated with commingling or contamination as
7 21 provided in section 199A.7.
7 22 2. A seed labeler who contracts with a precision-
7 23 use crop farmer to produce a precision-use crop is
7 24 liable for damages as provided in this subsection.
7 25 a. The damages must be the result of any of the
7 26 following:
7 27 (1) Commingling of crop seed that may be used to
7 28 produce a precision-use crop with crop seed that may
7 29 produce a conventional crop.
7 30 (2) Commingling grain produced from a precision-
7 31 use crop with grain produced from a conventional crop.
7 32 (3) Contamination caused by the transfer and
7 33 incorporation of genetic material between a precision-
7 34 use crop and a conventional crop during production.
7 35 b. The seed labeler must have failed to provide
7 36 notice to the precision-use crop farmer of management
7 37 practices required to provide methods to reduce risks
7 38 associated with commingling or contamination which are
7 39 in addition to sound management practices as provided
7 40 in section 199A.7. The notification must be in
7 41 writing and provided to the precision-use farmer at
7 42 the time that the contract to produce the precision-
7 43 use crop is executed.
7 44 c. The precision-use farmer must be certified
7 45 pursuant to section 199A.6.
7 46 d. The precision-use crop must have produced in
7 47 compliance with sound management practices to reduce
7 48 risks associated with commingling or contamination as
7 49 provided in section 199A.7.
7 50 Sec. . NEW SECTION. 199A.9 PRECISION-USE CROP
8 1 PRODUCTION – GENERAL ENFORCEMENT INVESTIGATIONS AND
8 2 COMPLIANCE AUDITS.
8 3 1. The department and the attorney general shall
8 4 enforce this chapter. The attorney general may
8 5 commence legal proceedings in district court at the
8 6 request of the department or upon the attorney
8 7 general's own initiative in order to enforce this
8 8 chapter, including rules adopted and orders issued by
8 9 the department pursuant to this chapter. This chapter
8 10 does not require the attorney general or the
8 11 department to institute a proceeding for a minor
8 12 violation if the department or attorney general
8 13 concludes that the public interest will be best served
8 14 by a suitable notice of warning in writing.
8 15 2. The department may conduct an investigation to
8 16 determine if a person is complying with the
8 17 requirements of this chapter.
8 18 3. The department shall conduct compliance audits
8 19 of precision-use crop farmers to ensure adoption of
8 20 and compliance with certification requirements of
8 21 section 199A.7 and sound management practices of
8 22 section 199A.8.
8 23 4. The department may enter upon any public or
8 24 private premises during regular business hours in a
8 25 manner consistent with the laws of this state and the
8 26 United States, including Article I, section 8, of the
8 27 Constitution of the State of Iowa, or the fourth
8 28 amendment to the Constitution of the United States for
8 29 purposes of carrying out an investigation.
8 30 Sec. . NEW SECTION. 199A.10 DISCIPLINARY
8 31 ACTION.
8 32 1. The department may take disciplinary action
8 33 concerning a person who is required to be certified
8 34 pursuant to section 199A.6 by doing any of the
8 35 following:
8 36 a. Issuing a letter of warning or reprimand.
8 37 b. Suspending or revoking a certification or
8 38 denying the renewal of certification.
8 39 2. The disciplinary action must be based upon
8 40 evidence satisfactory to the department that the
8 41 person has used fraudulent or deceptive practices in
8 42 violation of this chapter or has willfully disregarded
8 43 the requirements of this chapter.
8 44 Sec. . NEW SECTION. 199A.11 STOP SALE ORDER.
8 45 1. If a person sells commingled crop seed or
8 46 commingled crop grain in violation of section 199A.7,
8 47 the department may issue a written order to stop the
8 48 sale of the crop seed or crop grain. The person named
8 49 in the order shall not sell the crop seed or crop
8 50 grain until the department determines that section
9 1 199A.7 has not been violated.
9 2 2. The department may require that the crop seed
9 3 or crop grain be held at a designated place until
9 4 released by the department.
9 5 3. The department or the attorney general may
9 6 enforce the order by petitioning the district court in
9 7 the county where the crop seed or crop grain is being
9 8 sold.
9 9 4. The department shall release the crop seed or
9 10 crop grain when the department issues a release order
9 11 upon satisfaction that legal requirements compelling
9 12 the issuance of the stop sale order are no longer
9 13 applicable.
9 14 Sec. . NEW SECTION. 199A.12 PENALTIES.
9 15 A person who violates this chapter is subject to a
9 16 civil penalty of not more than five hundred dollars.
9 17 Civil penalties shall be assessed by the department
9 18 pursuant to a contested case proceeding or in district
9 19 court in an action initiated by the attorney general.
9 20 Each day that the offense continues constitutes a
9 21 separate offense. However, a person shall not be
9 22 subject to a civil penalty of more than five thousand
9 23 dollars for a continuing offense. Civil penalties
9 24 collected under this section shall be deposited in the
9 25 general fund of the state."
9 26 #2. Title page, line 1, by striking the word
9 27 "and".
9 28 #3. Title page, line 3, by inserting after the
9 29 word "assistance" the following: ", providing for
9 30 crop bio-integrity, and providing penalties".
9 31 #4. By renumbering as necessary.
9 32
9 33
9 34
9 35 KUHN of Floyd
9 36 HF 611.201 80
9 37 da/sh
Text: H01274 Text: H01276 Text: H01200 - H01299 Text: H Index Bills and Amendments: General Index Bill History: General Index
© 2003 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: Fri Apr 4 02:30:38 CST 2003
URL: /DOCS/GA/80GA/Legislation/H/01200/H01275/030403.html
jhf