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| 1 | AN ACT concerning agriculture.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Seed Law is amended by adding | ||||||
| 5 | Sections 2.1445 and 2.1446 and by changing Section 7 as | ||||||
| 6 | follows: | ||||||
| 7 | (505 ILCS 110/2.1445 new) | ||||||
| 8 | Sec. 2.1445. Seed library. "Seed library" means a | ||||||
| 9 | nonprofit, governmental, or cooperative organization, | ||||||
| 10 | association, or activity for the purpose of facilitating the | ||||||
| 11 | donation, exchange, preservation, and dissemination of seeds | ||||||
| 12 | of open pollinated, public domain plant varieties by or among | ||||||
| 13 | its members or members of the public when the use, exchange, | ||||||
| 14 | transfer, or possession of seeds acquired by or from the seed | ||||||
| 15 | library is free of charge or consideration. | ||||||
| 16 | (505 ILCS 110/2.1446 new) | ||||||
| 17 | Sec. 2.1446. Non-commercial seed sharing. "Non-commercial | ||||||
| 18 | seed sharing" means seed sharing for which no monetary | ||||||
| 19 | consideration or compensation is transferred in return for | ||||||
| 20 | receiving seeds. A person participating in non-commercial seed | ||||||
| 21 | sharing may not expect, or create the expectation, that seeds | ||||||
| 22 | must be returned in exchange for receiving seeds, nor may such | ||||||
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| 1 | distribution of seed be given as compensation for work or | ||||||
| 2 | services rendered.
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| 3 | (505 ILCS 110/7) (from Ch. 5, par. 407)
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| 4 | Sec. 7. Exemptions. | ||||||
| 5 | (a) The provisions of Sections 4 through 4.5 and
Sections 5 | ||||||
| 6 | and 5.1 do not
apply:
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| 7 | (1) To seed or grain not intended for sowing purposes.
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| 8 | (2) To seed in storage in, or being transported or | ||||||
| 9 | consigned to a
cleaning or conditioning establishment for | ||||||
| 10 | cleaning or
conditioning, provided,
that the invoice or | ||||||
| 11 | labeling accompanying any shipment of said seed bears
the | ||||||
| 12 | statement "seed for conditioning"; and provided that
any | ||||||
| 13 | labeling or
other representation which may be made with | ||||||
| 14 | respect to the uncleaned or
unconditioned seed shall be | ||||||
| 15 | subject to this Act.
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| 16 | (3) To any carrier in respect to any seed transported | ||||||
| 17 | or delivered for
transportation in the ordinary course of | ||||||
| 18 | its business as a carrier;
provided, that such carrier is | ||||||
| 19 | not engaged in producing, processing, or
marketing | ||||||
| 20 | agricultural, vegetable or other seeds designated by the
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| 21 | Department of Agriculture subject to the provisions of this | ||||||
| 22 | Act.
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| 23 | (b) The provisions of Sections 4, 4.4, 4.5, 6, and 10, and | ||||||
| 24 | of paragraphs (1), (2), (3), (4), (5), (8), and (11) of Section | ||||||
| 25 | 5, do not apply to unpatented, untreated seed that is free of | ||||||
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| 1 | noxious and exotic weed seeds and that is distributed within | ||||||
| 2 | this State by means of interpersonal noncommercial seed sharing | ||||||
| 3 | activities, including, but not limited to, seed libraries and | ||||||
| 4 | seed swaps. A seed library may adopt labeling or record-keeping | ||||||
| 5 | standards to identify the date, species or common name, and | ||||||
| 6 | source of the seed received by the seed library, and shall make | ||||||
| 7 | this information available to the Department upon request in | ||||||
| 8 | the course of an investigation of an alleged violation of the | ||||||
| 9 | provisions in this Act. | ||||||
| 10 | (Source: P.A. 85-717.)
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| 11 | Section 99. Effective date. This Act takes effect upon | ||||||
| 12 | becoming law.
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