House File 389 - Introduced HOUSE FILE 389 BY KLEIN A BILL FOR An Act relating to the regulation of agricultural seed, by 1 providing that seed exchanges and seed libraries are exempt 2 from testing requirements and the payment of permit fees. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1813YH (3) 86 da/nh

H.F. 389 Section 1. Section 199.1, Code 2015, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 21A. a. “Seed exchange” means a person who 3 is all of the following: 4 (1) An individual; a government entity; a person organized 5 and operating on a cooperative or nonprofit basis; or a 6 partnership, business corporation, limited liability company, 7 or trust if all its partners, shareholders, members, or 8 beneficiaries are individuals. 9 (2) Engaged in transferring agricultural seed to persons in 10 return for agricultural seed having equivalent value. 11 b. “Seed exchange” does not include a person who during 12 any twelve-month period transfers or receives agricultural 13 seed having a total fair market value of more than one hundred 14 thousand dollars. 15 NEW SUBSECTION . 21B. “Seed library” means a government 16 entity, or a person organized and operating on a cooperative 17 or nonprofit basis, that donates and receives donations of 18 agricultural seed in order to do any of the following: 19 a. Preserve varieties of agricultural seed. 20 b. Educate the public regarding the value of agricultural 21 seed varieties. 22 c. Provide agricultural seed to persons without receiving 23 legal consideration or receiving agricultural seed of 24 equivalent value. 25 Sec. 2. Section 199.9, Code 2015, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 3. The department shall not require any of 28 the following: 29 a. Agricultural seed owned and possessed by a seed exchange 30 or seed library to be subject to inspection, analysis, or 31 testing, including as provided in sections 199.10 and 199.11. 32 b. A seed exchange or a seed library to pay a fee for a new 33 or renewed permit as otherwise required in section 199.15. 34 EXPLANATION 35 -1- LSB 1813YH (3) 86 da/nh 1/ 2

H.F. 389 The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 BILL —— SUMMARY. This bill provides that a seed exchange 3 or seed library is exempt from certain requirements otherwise 4 imposed on persons engaged in selling, distributing, 5 transporting, offering for sale, or advertising agricultural 6 seed. The bill provides that any agricultural seed owned and 7 possessed by a seed exchange or seed library is exempt from 8 inspection, analysis, and testing requirements (Code sections 9 199.10 and 199.11) or paying a fee for obtaining a permit (Code 10 section 199.15). 11 BILL —— SEED EXCHANGE AND SEED LIBRARY DEFINED. The bill 12 defines a “seed exchange” as an individual, a government 13 entity, a person organized and operating on a nonprofit 14 or cooperative basis, or another entity entirely owned by 15 individuals (e.g., as shareholders of a corporation), if the 16 person is engaged in transferring agricultural seed to persons 17 in return for agricultural seed of equivalent value, up to 18 $100,000 during any 12-month period. The bill defines a “seed 19 library” as a government entity, or a person organized and 20 operating on a cooperative or nonprofit basis, that donates 21 and receives donations of agricultural seed for promotion, 22 education, or transfer without receiving legal consideration 23 in return. 24 BACKGROUND. The department of agriculture and land 25 stewardship acting with Iowa state university of science and 26 technology provides for the regulation of agricultural seed 27 sold, offered for sale, exposed for sale, or transported 28 within this state. Agricultural seed includes grass, forage, 29 cereal, oil, fiber, and any other kind of crop seed, lawn seed, 30 vegetable seed, or seed mixtures. 31 -2- LSB 1813YH (3) 86 da/nh 2/ 2