ARC 1980C
AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 199.11(1), the Department of Agriculture and Land Stewardship hereby gives Notice of Intended Action to amend Chapter 40, “Agricultural Seeds,” Iowa Administrative Code.
This amendment clarifies that qualifying seed libraries are subject to permitting but not to labeling, testing and fees.
Any interested persons may make written suggestions or comments on the proposed amendment on or before May 19, 2015. Written comments should be addressed to Margaret Thomson, Iowa Department of Agriculture and Land Stewardship, Wallace State Office Building, 502 East Ninth Street, Des Moines, Iowa 50319. Comments may be submitted by fax to (515)281-6236 or by e-mail to Margaret.Thomson@IowaAgriculture.gov.
The proposed amendment is subject to the Department’s general waiver provisions.
After analysis and review of this rule making, no adverse impact on jobs has been found.
This amendment is intended to implement Iowa Code section 199.15.
The following amendment is proposed.
	Adopt the following new rule 21—40.16(199):
21—40.16(199) Seed libraries. A qualified seed library may be a library district formed under Iowa Code section 336.2, a library board functioning under Iowa Code section 392.5, or an Iowa food bank or Iowa emergency feeding organization recognized by the Iowa department of revenue. A qualified seed library is subject to permitting by the department, but is not subject to labeling, testing and fees for giving, distributing or exchanging agricultural seed as long as all of the following apply:
	1.	The exchanges or distributions are made at a single location and no money is exchanged;
	2.	All seed is intended for planting in Iowa;
	3.	Individuals receive two pounds or less of seed annually;
	4.	The seed has not been treated with pesticide;
	5.	Patented, protected or propriety varieties of seed are used or included in the qualified seed library only with the permission of the patent or certificate holder, developer or owner of the intellectual property associated with the variety;
	6.	The certified seed status is not misused or misrepresented; and
	7.	The seed has not been placed under a stop sale order by the department or any other regulatory agency.