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Public Act 099-0827
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| SB3130 Enrolled | LRB099 19639 SLF 44036 b |
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AN ACT concerning agriculture.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Seed Law is amended by adding |
Sections 2.121-5, 2.132-5 and 2.133-5 and by changing Section 7 |
as follows:
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(505 ILCS 110/2.121-5 new) |
Sec. 2.121-5. Non-commercial seed sharing. "Non-commercial |
seed sharing" means seed sharing for which no monetary |
consideration or compensation is transferred in return for |
receiving seeds. "Non-commercial seed sharing" does not |
include seed sharing in which the person participating in the |
seed sharing expects or creates the expectation that seeds must |
be returned in exchange for receiving seeds or when the |
distribution of seed is given as compensation for work or |
services rendered.
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(505 ILCS 110/2.132-5 new) |
Sec. 2.132-5. Seed library. "Seed library" means a |
nonprofit, governmental, or cooperative organization, |
association, or activity for the purpose of facilitating the |
donation, exchange, preservation, and dissemination of seeds |
of open pollinated, public domain plant varieties by or among |
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its members or members of the public when the use, exchange, |
transfer, or possession of seeds acquired by or from the seed |
library is free of charge or consideration.
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(505 ILCS 110/2.133-5 new) |
Sec. 2.133-5. Seed swap event. "Seed swap event" means an |
organized and publicly promoted event at which non-commercial |
seed sharing takes place.
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(505 ILCS 110/7) (from Ch. 5, par. 407)
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Sec. 7. Exemptions. |
(a) The provisions of Sections 4 through 4.5 and
Sections 5 |
and 5.1 do not
apply:
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(1) To seed or grain not intended for sowing purposes.
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(2) To seed in storage in, or being transported or |
consigned to a
cleaning or conditioning establishment for |
cleaning or
conditioning, provided,
that the invoice or |
labeling accompanying any shipment of said seed bears
the |
statement "seed for conditioning"; and provided that
any |
labeling or
other representation which may be made with |
respect to the uncleaned or
unconditioned seed shall be |
subject to this Act.
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(3) To any carrier in respect to any seed transported |
or delivered for
transportation in the ordinary course of |
its business as a carrier;
provided, that such carrier is |
not engaged in producing, processing, or
marketing |
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agricultural, vegetable or other seeds designated by the
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Department of Agriculture subject to the provisions of this |
Act.
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(b) The provisions of Sections 4, 4.4, 4.5, 6, and 10, and |
of paragraphs (1), (2), (3), (4), (5), (8), and (11) of Section |
5, do not apply to unpatented, untreated seed that is free of |
noxious and exotic weed seeds and that is distributed within |
this State by means of interpersonal non-commercial seed |
sharing activities, including, but not limited to, seed |
libraries and seed swap events. A seed library or seed swap |
event organizer shall adopt labeling or record-keeping |
standards to identify the year, species or common name, and |
source of any non-commercially packaged seed received by the |
seed library or offered at a seed swap event, and shall make |
this information available to the Department upon request in |
the course of an investigation of an alleged violation of the |
provisions in this Act. Information maintained by seed |
libraries shall be provided to the Department to the extent |
permissible under the Library Records Confidentiality Act. |
(Source: P.A. 85-717.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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