Full Text of SB3130 99th General Assembly
SB3130enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning agriculture.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Seed Law is amended by adding | 5 | | Sections 2.121-5, 2.132-5 and 2.133-5 and by changing Section 7 | 6 | | as follows: | 7 | | (505 ILCS 110/2.121-5 new) | 8 | | Sec. 2.121-5. Non-commercial seed sharing. "Non-commercial | 9 | | seed sharing" means seed sharing for which no monetary | 10 | | consideration or compensation is transferred in return for | 11 | | receiving seeds. "Non-commercial seed sharing" does not | 12 | | include seed sharing in which the person participating in the | 13 | | seed sharing expects or creates the expectation that seeds must | 14 | | be returned in exchange for receiving seeds or when the | 15 | | distribution of seed is given as compensation for work or | 16 | | services rendered. | 17 | | (505 ILCS 110/2.132-5 new) | 18 | | Sec. 2.132-5. Seed library. "Seed library" means a | 19 | | nonprofit, governmental, or cooperative organization, | 20 | | association, or activity for the purpose of facilitating the | 21 | | donation, exchange, preservation, and dissemination of seeds | 22 | | of open pollinated, public domain plant varieties by or among |
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| 1 | | its members or members of the public when the use, exchange, | 2 | | transfer, or possession of seeds acquired by or from the seed | 3 | | library is free of charge or consideration. | 4 | | (505 ILCS 110/2.133-5 new) | 5 | | Sec. 2.133-5. Seed swap event. "Seed swap event" means an | 6 | | organized and publicly promoted event at which non-commercial | 7 | | seed sharing takes place.
| 8 | | (505 ILCS 110/7) (from Ch. 5, par. 407)
| 9 | | Sec. 7. Exemptions. | 10 | | (a) The provisions of Sections 4 through 4.5 and
Sections 5 | 11 | | and 5.1 do not
apply:
| 12 | | (1) To seed or grain not intended for sowing purposes.
| 13 | | (2) To seed in storage in, or being transported or | 14 | | consigned to a
cleaning or conditioning establishment for | 15 | | cleaning or
conditioning, provided,
that the invoice or | 16 | | labeling accompanying any shipment of said seed bears
the | 17 | | statement "seed for conditioning"; and provided that
any | 18 | | labeling or
other representation which may be made with | 19 | | respect to the uncleaned or
unconditioned seed shall be | 20 | | subject to this Act.
| 21 | | (3) To any carrier in respect to any seed transported | 22 | | or delivered for
transportation in the ordinary course of | 23 | | its business as a carrier;
provided, that such carrier is | 24 | | not engaged in producing, processing, or
marketing |
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| 1 | | agricultural, vegetable or other seeds designated by the
| 2 | | Department of Agriculture subject to the provisions of this | 3 | | Act.
| 4 | | (b) The provisions of Sections 4, 4.4, 4.5, 6, and 10, and | 5 | | of paragraphs (1), (2), (3), (4), (5), (8), and (11) of Section | 6 | | 5, do not apply to unpatented, untreated seed that is free of | 7 | | noxious and exotic weed seeds and that is distributed within | 8 | | this State by means of interpersonal non-commercial seed | 9 | | sharing activities, including, but not limited to, seed | 10 | | libraries and seed swap events. A seed library or seed swap | 11 | | event organizer shall adopt labeling or record-keeping | 12 | | standards to identify the year, species or common name, and | 13 | | source of any non-commercially packaged seed received by the | 14 | | seed library or offered at a seed swap event, and shall make | 15 | | this information available to the Department upon request in | 16 | | the course of an investigation of an alleged violation of the | 17 | | provisions in this Act. Information maintained by seed | 18 | | libraries shall be provided to the Department to the extent | 19 | | permissible under the Library Records Confidentiality Act. | 20 | | (Source: P.A. 85-717.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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