House File 512
HOUSE FILE
BY KUHN and WHITAKER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the regulation of genetically modified
2 agricultural and vegetable seed and providing penalties and an
3 effective date.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2702YH 80
6 da/cf/24
PAG LIN
1 1 Section 1. Section 199.1, Code 2003, is amended by adding
1 2 the following new subsections:
1 3 NEW SUBSECTION. 5A. "Contamination" means the unintended
1 4 presence of a plant or plant part transferred from an
1 5 originating area to an area without the presence of the plant
1 6 or plant part that alters the genetic characteristics of a
1 7 plant.
1 8 NEW SUBSECTION. 5B. "Crop" means any plant produced from
1 9 an agricultural seed or vegetable seed, or any harvested part
1 10 of the plant.
1 11 NEW SUBSECTION. 6A. "Field" means an originating field or
1 12 a neighboring field.
1 13 NEW SUBSECTION. 6B. "Genetically modified" means to alter
1 14 the genetic characteristics of a plant by modifying the
1 15 deoxyribonucleic acid of the plant's seed in a manner other
1 16 than by breeding or pollination.
1 17 NEW SUBSECTION. 19A. "Seed dealer" means a person who
1 18 sells or offers for sale agricultural seed or vegetable seed
1 19 to persons on a retail basis.
1 20 NEW SUBSECTION. 19B. "Seed labeler" means a person
1 21 required to label agricultural seed or vegetable seed as
1 22 provided in section 199.3 or 199.4.
1 23 Sec. 2. Section 199.3, subsection 1, Code 2003, is amended
1 24 by adding the following new paragraph:
1 25 NEW PARAGRAPH. f. The label shall include an
1 26 identification of genetically modified agricultural seed or
1 27 vegetable seed included in the container. If the agricultural
1 28 seed or vegetable seed is genetically modified, the label
1 29 shall comply with sections 199.22 and 199.23.
1 30 Sec. 3. Section 199.8, Code 2003, is amended by adding the
1 31 following new subsection:
1 32 NEW SUBSECTION. 4. A person shall not sell, offer for
1 33 sale, or expose for sale agricultural seed or vegetable seed
1 34 that has been genetically modified, if the person has
1 35 represented that that agricultural seed or vegetable seed is
2 1 not genetically modified.
2 2 Sec. 4. Section 199.13, Code 2003, is amended to read as
2 3 follows:
2 4 199.13 PENALTY.
2 5 1. a. A violation of person who violates this chapter is
2 6 guilty of a simple misdemeanor.
2 7 b. A person who violates subchapter 2 is subject to a
2 8 civil penalty of not more than one thousand dollars. Civil
2 9 penalties collected under this paragraph shall be deposited in
2 10 the general fund of the state.
2 11 2. The department may institute criminal or civil
2 12 proceedings in a court of competent jurisdiction in order to
2 13 enforce this chapter. When in the performance of the
2 14 secretary's department's duties in enforcing this chapter the
2 15 secretary department applies to a court for a temporary or
2 16 permanent injunction restraining a person from violating or
2 17 continuing to violate any of the provisions of this chapter or
2 18 rules adopted under this chapter, the injunction is to be
2 19 issued without bond and the person restrained by the
2 20 injunction shall pay the costs made necessary by the
2 21 procedure.
2 22 SUBCHAPTER 2
2 23 GENETICALLY MODIFIED AGRICULTURAL SEED
2 24 Sec. 5. NEW SECTION. 199.21 APPLICABILITY.
2 25 The department, in consultation with the attorney general,
2 26 shall provide an exception from a requirement in this
2 27 subchapter as applied to any type of genetically modified
2 28 agricultural seed or genetically modified vegetable seed that
2 29 is sold or offered for sale or transported in this state, if
2 30 the department determines that the requirement as applied to
2 31 that type of agricultural seed or vegetable seed has been
2 32 preempted by federal statute or regulation. The department
2 33 shall establish the exceptions by rule adopted pursuant to
2 34 chapter 17A. If an exception is not provided for by rule, the
2 35 department shall establish the exception by declaratory order
3 1 as provided in section 17A.9, upon receipt of a petition as
3 2 provided for in that section.
3 3 Sec. 6. NEW SECTION. 199.22 NOTICE REQUIREMENTS.
3 4 1. A seed labeler shall provide notice of an agricultural
3 5 seed or vegetable seed that is genetically modified on the
3 6 label of a container holding the agricultural seed or
3 7 vegetable seed as provided in section 199.3 or on a placard as
3 8 provided in section 199.4. A seed dealer shall provide the
3 9 same notice in a disclosure statement to a person purchasing
3 10 the agricultural seed or vegetable seed on a retail basis
3 11 prior to or at the time of the purchase. The disclosure
3 12 statement may be contained on a separate form or part of an
3 13 invoice or bill of sale evidencing a transaction. The seed
3 14 dealer shall not sell agricultural seed or vegetable seed that
3 15 has been genetically modified, unless the purchaser signs the
3 16 disclosure statement acknowledging that the purchaser has read
3 17 the statement. The seed dealer shall maintain a copy of the
3 18 acknowledged disclosure statement as part of the seed dealer's
3 19 business records.
3 20 2. The form of the disclosure statement shall be
3 21 prescribed by rules adopted by the department. The notice
3 22 shall appear in a printed bold=faced font in at least ten
3 23 point type. The notice shall appear in the following form:
3 24 NOTICE
3 25 GENETICALLY MODIFIED AGRICULTURAL OR
3 26 VEGETABLE SEED
3 27 This agricultural or vegetable seed is genetically
3 28 modified. Please consult the label appearing on this package
3 29 or the pamphlet required to be attached to the container or
3 30 accompanying the bulk sale of agricultural or vegetable seed,
3 31 regarding important production information, including possible
3 32 restrictions, about the production and marketing of a crop
3 33 grown from this agricultural or vegetable seed.
3 34 Sec. 7. NEW SECTION. 199.23 PRODUCTION INFORMATION
3 35 REQUIREMENTS.
4 1 1. A seed labeler shall provide production information for
4 2 agricultural seed or vegetable seed that has been genetically
4 3 modified as required in this section to the extent that the
4 4 production information is known by the seed labeler. The
4 5 production information shall appear on the label as provided
4 6 in section 199.3 or in a pamphlet attached to the container or
4 7 accompanying agricultural seed or vegetable seed that is sold
4 8 in bulk as provided in section 199.4. A seed dealer shall not
4 9 sell agricultural seed or vegetable seed that the seed labeler
4 10 identifies as genetically modified, unless the seed dealer
4 11 provides the purchaser of agricultural seed or vegetable seed
4 12 with the production information. The production information
4 13 shall include all of the following:
4 14 a. A brief description of the consequences of the genetic
4 15 modification, including but not limited to any consequences
4 16 affecting hardiness, growth rate, yield, resistance,
4 17 adaptability, appearance, or intrinsic qualities such as oil
4 18 content.
4 19 b. Sound management practices required to minimize the
4 20 risk of transferring gene characteristics to other varieties
4 21 of plants. The sound management practices shall consist of
4 22 requirements for planting agricultural seed or vegetable seed
4 23 that has been genetically modified and methods to maintain the
4 24 separated area in order to prevent a significant risk of
4 25 contamination occurring from any of the following:
4 26 (1) The transfer of gene characteristics to crops planted
4 27 on a neighboring field by pollination, including the
4 28 pollination of crops or the pollination of other related
4 29 plants inhabiting the neighboring field.
4 30 (2) The transfer of agricultural seed or vegetable seed
4 31 that has been genetically modified to a neighboring field.
4 32 c. A notice, if necessary, regarding any financial risks
4 33 associated with marketing the crop, including but not limited
4 34 to restrictions regarding all of the following:
4 35 (1) The handling and storage of the crop, including
5 1 segregation requirements.
5 2 (2) The sale of the crop in domestic and foreign markets,
5 3 including import restrictions imposed by other nations.
5 4 (3) The use of the crop, including restrictions regarding
5 5 human consumption of the crop or products processed using the
5 6 crop.
5 7 2. The language used in the production information shall
5 8 comply with standard rules of spelling, grammar, punctuation,
5 9 and usage. The production information shall be printed in a
5 10 type size of not less than ten points. The production
5 11 information shall use terms that are commonly understood by a
5 12 reasonable person of average intelligence, education, and
5 13 experience who regularly produces crops originating from the
5 14 same type of agricultural seed or vegetable seed that has been
5 15 genetically modified that the person is purchasing.
5 16 Sec. 8. NEW SECTION. 199.24 FOOD CROPS NOT APPROVED FOR
5 17 HUMAN CONSUMPTION == COLOR=CODED SEEDS OR SECURITY PLAN.
5 18 1. As used in this section, "designated seed" means
5 19 agricultural seed or vegetable seed producing a crop that may
5 20 be processed into a food product, but is not approved for
5 21 human consumption by an agency of the federal government,
5 22 including but not limited to the United States food and drug
5 23 administration, because the agricultural seed or vegetable
5 24 seed is genetically modified.
5 25 2. a. A person shall not sell, offer for sale, or
5 26 transport designated seed in this state, unless any of the
5 27 following applies:
5 28 (1) The designated seed is artificially colored solid
5 29 blaze orange.
5 30 (2) The department approves a security plan, or amendments
5 31 to an approved security plan, submitted by the person
5 32 producing a crop from designated seed, according to rules
5 33 adopted by the department. The security plan shall provide
5 34 for sound management practices used to ensure that there is no
5 35 risk of contamination, and for harvesting, storing,
6 1 transporting, processing, marketing, and utilizing crops or
6 2 goods processed from those crops in a manner that provides no
6 3 risk that the crops or goods processed from the crops will be
6 4 utilized for human consumption. The security plan shall be
6 5 accompanied by all necessary certifications by persons who
6 6 will harvest, store, transport, process, or market the crop or
6 7 goods processed from the crop, as required by the department.
6 8 The department may approve amendments to the security plan.
6 9 b. A person shall not sell, offer for sale, or transport
6 10 agricultural seed or vegetable seed in this state that is
6 11 artificially colored solid blaze orange, unless it is
6 12 designated seed. A person shall not knowingly use management
6 13 practices, or harvest, store, transport, process, or market
6 14 crops or goods processed from those crops in violation of the
6 15 security plan.
6 16 Sec. 9. NEW SECTION. 199.25 LIABILITY.
6 17 1. a. A person who produces a crop produced from
6 18 agricultural seed or vegetable seed that is genetically
6 19 modified shall not be found liable for damages caused by
6 20 contamination, if the crop is produced in accordance with
6 21 sound management practices as provided in section 199.23.
6 22 b. A seed dealer who sells agricultural seed or vegetable
6 23 seed in compliance with sections 199.23 and 199.24 shall not
6 24 be found liable for damages caused by contamination.
6 25 c. A seed labeler shall be strictly liable for damages
6 26 caused by contamination, if a person who produces a crop
6 27 originating from genetically modified agricultural seed or
6 28 vegetable seed complies with sound management practices
6 29 provided by the seed labeler as required pursuant to section
6 30 199.23.
6 31 2. A person who is liable for damages caused by the
6 32 contamination shall be subject to punitive damages.
6 33 Sec. 10. DIRECTIONS TO CODE EDITOR. The Code editor shall
6 34 organize chapter 199 in conformance with this Act. The Code
6 35 editor shall transfer sections 199.11 through 199.14 into a
7 1 new subchapter 3.
7 2 Sec. 11. EFFECTIVE DATE. This Act takes effect on
7 3 September 1, 2003.
7 4 EXPLANATION
7 5 This bill amends Code chapter 199, Iowa's seed law,
7 6 regulated by the department of agriculture and land
7 7 stewardship. The bill creates a new subchapter regulating
7 8 genetically modified agricultural and vegetable seed,
7 9 including providing for the sale and distribution of such
7 10 seed, including notice requirements, acknowledgments,
7 11 management practices, liability, and civil penalties.
7 12 APPLICABILITY. The bill provides that the department, in
7 13 consultation with the attorney general, shall provide
7 14 exceptions from a requirement in the bill, if the department
7 15 determines that the requirements have been preempted by
7 16 federal statute or regulation.
7 17 NOTICE REQUIREMENTS. The bill provides that a person
7 18 required to label seed under the chapter (referred to as "seed
7 19 labeler") must label genetically modified agricultural seed or
7 20 vegetable seed sold in containers or in bulk as otherwise
7 21 provided in the chapter. The notice must state that the
7 22 agricultural seed or vegetable seed is genetically modified
7 23 and refer to production information required to be placed on
7 24 the label or special pamphlet attached to the container or
7 25 accompanying the bulk sale of agricultural seed or vegetable
7 26 seed.
7 27 The bill provides that a person distributing agricultural
7 28 seed or vegetable seed on a retail basis (referred to as a
7 29 "seed dealer") must provide the notice as part of a disclosure
7 30 statement on a separate form or as part of an invoice or bill
7 31 of sale for the agricultural seed or vegetable seed. The bill
7 32 prohibits a seed dealer from selling the agricultural seed or
7 33 vegetable seed unless the purchaser signs the disclosure
7 34 statement. A copy of the disclosure statement must be
7 35 maintained as part of the seed dealer's business records.
8 1 PRODUCTION INFORMATION REQUIREMENTS. The bill requires
8 2 that a seed labeler provide production information that must
8 3 appear on the label or in a pamphlet attached to the container
8 4 or accompanying agricultural seed or vegetable seed that is
8 5 sold in bulk. The production information must briefly
8 6 describe consequences of the genetic modification and sound
8 7 management practices required to minimize the risk of
8 8 transferring gene characteristics to other varieties of
8 9 plants, including crops produced on neighboring fields. It
8 10 must also include a notice regarding any financial risks
8 11 associated with marketing the crop. The bill requires that
8 12 the language used in the production information be readable,
8 13 by complying with standard rules of spelling, grammar,
8 14 punctuation, and usage, including terms that are commonly
8 15 understood by producers.
8 16 SEEDS PRODUCING NONFOOD CROPS. The bill regulates the sale
8 17 of agricultural seed or vegetable seed that produces a crop
8 18 that may be processed into a food product but is not approved
8 19 for human consumption (referred to as "designated seed"). The
8 20 bill prohibits a person from selling, offering for sale, or
8 21 transporting designated seed in this state, unless the
8 22 designated seed is artificially colored solid blaze orange.
8 23 The bill prohibits other seed from being so colored. As an
8 24 alternative, the bill provides for the approval by the
8 25 department of a security plan submitted by a producer. The
8 26 security plan must provide for sound management practices used
8 27 to ensure that there is no risk of contamination, and for
8 28 harvesting, storing, transporting, processing, marketing and
8 29 utilizing crops or goods processed from those crops in a
8 30 manner that provides no risk that the crops or goods processed
8 31 from the crops will be utilized for human consumption.
8 32 LIABILITY. The bill provides that a person who produces a
8 33 crop originating from genetically modified agricultural seed
8 34 or vegetable seed is not liable for damages caused by the
8 35 contamination of another person's property, if the crop is
9 1 produced in accordance with sound management practices as
9 2 directed by the seed labeler. The bill provides that a seed
9 3 dealer who sells agricultural seed or vegetable seed in
9 4 compliance with the bill's requirements is not liable for
9 5 damages caused by the contamination. The bill provides that
9 6 the seed labeler is strictly liable for damages caused by the
9 7 contamination, if a person who produces a crop originating
9 8 from a genetically modified agricultural seed or vegetable
9 9 seed complies with sound management practices provided in the
9 10 producer information.
9 11 PENALTY. A person who violates a provision of Code chapter
9 12 199 is guilty of a simple misdemeanor. The bill provides that
9 13 a person violating the bill's provisions is subject to a civil
9 14 penalty of up to $1,000.
9 15 DIRECTIONS TO CODE EDITOR. The bill directs the Code
9 16 editor to organize Code chapter 199 in conformance with the
9 17 bill.
9 18 EFFECTIVE DATE. The bill becomes effective on September 1,
9 19 2003.
9 20 LSB 2702YH 80
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