Bill Text: IA HF389 | 2015-2016 | 86th General Assembly | Introduced

Iowa House Bill 389 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act relating to the regulation of agricultural seed, by providing that seed exchanges and seed libraries are exempt from testing requirements and the payment of permit fees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-02-25 - Subcommittee, Mommsen, Byrnes, and Kelley. H.J. 415. [HF389 Detail]

Download: Iowa-2015-HF389-Introduced.html

House File 389 - Introduced




                                 HOUSE FILE       
                                 BY  KLEIN

                                      A BILL FOR

  1 An Act relating to the regulation of agricultural seed, by
  2    providing that seed exchanges and seed libraries are exempt
  3    from testing requirements and the payment of permit fees.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 199.1, Code 2015, is amended by adding
  1  2 the following new subsections:
  1  3    NEW SUBSECTION.  21A.  a.  "Seed exchange" means a person who
  1  4 is all of the following:
  1  5    (1)  An individual; a government entity; a person organized
  1  6 and operating on a cooperative or nonprofit basis; or a
  1  7 partnership, business corporation, limited liability company,
  1  8 or trust if all its partners, shareholders, members, or
  1  9 beneficiaries are individuals.
  1 10    (2)  Engaged in transferring agricultural seed to persons in
  1 11 return for agricultural seed having equivalent value.
  1 12    b.  "Seed exchange" does not include a person who during
  1 13 any twelve=month period transfers or receives agricultural
  1 14 seed having a total fair market value of more than one hundred
  1 15 thousand dollars.
  1 16    NEW SUBSECTION.  21B.  "Seed library" means a government
  1 17 entity, or a person organized and operating on a cooperative
  1 18 or nonprofit basis, that donates and receives donations of
  1 19 agricultural seed in order to do any of the following:
  1 20    a.  Preserve varieties of agricultural seed.
  1 21    b.  Educate the public regarding the value of agricultural
  1 22 seed varieties.
  1 23    c.  Provide agricultural seed to persons without receiving
  1 24 legal consideration or receiving agricultural seed of
  1 25 equivalent value.
  1 26    Sec. 2.  Section 199.9, Code 2015, is amended by adding the
  1 27 following new subsection:
  1 28    NEW SUBSECTION.  3.  The department shall not require any of
  1 29 the following:
  1 30    a.  Agricultural seed owned and possessed by a seed exchange
  1 31 or seed library to be subject to inspection, analysis, or
  1 32 testing, including as provided in sections 199.10 and 199.11.
  1 33    b.  A seed exchange or a seed library to pay a fee for a new
  1 34 or renewed permit as otherwise required in section 199.15.
  1 35                           EXPLANATION
  2  1 The inclusion of this explanation does not constitute agreement with
  2  2 the explanation's substance by the members of the general assembly.
  2  3    BILL == SUMMARY.  This bill provides that a seed exchange
  2  4 or seed library is exempt from certain requirements otherwise
  2  5 imposed on persons engaged in selling, distributing,
  2  6 transporting, offering for sale, or advertising agricultural
  2  7 seed.  The bill provides that any agricultural seed owned and
  2  8 possessed by a seed exchange or seed library is exempt from
  2  9 inspection, analysis, and testing requirements (Code sections
  2 10 199.10 and 199.11) or paying a fee for obtaining a permit (Code
  2 11 section 199.15).
  2 12    BILL == SEED EXCHANGE AND SEED LIBRARY DEFINED.  The bill
  2 13 defines a "seed exchange" as an individual, a government
  2 14 entity, a person organized and operating on a nonprofit
  2 15 or cooperative basis, or another entity entirely owned by
  2 16 individuals (e.g., as shareholders of a corporation), if the
  2 17 person is engaged in transferring agricultural seed to persons
  2 18 in return for agricultural seed of equivalent value, up to
  2 19 $100,000 during any 12=month period.  The bill defines a "seed
  2 20 library" as a government entity, or a person organized and
  2 21 operating on a cooperative or nonprofit basis, that donates
  2 22 and receives donations of agricultural seed for promotion,
  2 23 education, or transfer without receiving legal consideration
  2 24 in return.
  2 25    BACKGROUND.  The department of agriculture and land
  2 26 stewardship acting with Iowa state university of science and
  2 27 technology provides for the regulation of agricultural seed
  2 28 sold, offered for sale, exposed for sale, or transported
  2 29 within this state.  Agricultural seed includes grass, forage,
  2 30 cereal, oil, fiber, and any other kind of crop seed, lawn seed,
  2 31 vegetable seed, or seed mixtures.
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