House File 518

                                       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 agricultural seed, by prohibiting certain
  2    persons from requiring seed to be saved for future planting,
  3    making penalties applicable, and providing an effective date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2709YH 80
  6 da/sh/8

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.  6A.  "Genetically engineered" means to
  1  4 alter the genetic characteristics of a plant by modifying the
  1  5 deoxyribonucleic acid of the plant's seed in a manner other
  1  6 than by breeding or pollination.
  1  7    NEW SUBSECTION.  14A.  "Patent holder" means a person who
  1  8 holds intellectual property rights in a plant or plant part,
  1  9 including but not limited to a genetically engineered
  1 10 agricultural seed or crop originating from a genetically
  1 11 engineered agricultural seed, which is granted a letters
  1 12 patent by the United States patent and trademark office of the
  1 13 United States department of commerce.
  1 14    NEW SUBSECTION.  19A.  "Seed labeler" means a person
  1 15 required to label seed as provided in section 199.3 or 199.4.
  1 16    Sec. 2.  Section 199.8, Code 2003, is amended by adding the
  1 17 following new subsection:
  1 18    NEW SUBSECTION.  4.  A person who is a patent holder or
  1 19 seed labeler shall not provide that the sale or offer for sale
  1 20 of agricultural seed for the end purpose of crop production is
  1 21 conditioned upon the purchaser of the agricultural seed
  1 22 relinquishing a right to save a supply of the agricultural
  1 23 seed for planting at any future time.  Such provision in a
  1 24 contract or license agreement is void, regardless of whether
  1 25 the provision is contained as part of a label as required in
  1 26 section 199.3 or 199.4 or as part of a separate agreement.
  1 27    Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of
  1 28 immediate importance, takes effect upon enactment.
  1 29                           EXPLANATION
  1 30    This bill amends Code chapter 199, which regulates the sale
  1 31 of seed, including agricultural seed.  The bill amends Code
  1 32 section 199.8, which lists a number of illegal activities, by
  1 33 providing that a person who is a patent holder of agricultural
  1 34 seed or a person required under the Code chapter to label such
  1 35 seed is prohibited from conditioning the sale or offer for
  2  1 sale of agricultural seed upon the purchaser relinquishing a
  2  2 right to save a supply of the agricultural seed for future
  2  3 planting.  The bill provides that a provision in a contract or
  2  4 license agreement providing for such restriction is void.
  2  5    According to Code section 199.13, a person who violates
  2  6 Code section 199.8 is guilty of a simple misdemeanor
  2  7 punishable by confinement for no more than 30 days or a fine
  2  8 of at least $50 but not more than $500, or by both.
  2  9    The bill takes effect upon enactment.
  2 10 LSB 2709YH 80
  2 11 da/sh/8