Public Act 099-0827
SB3130 EnrolledLRB099 19639 SLF 44036 b

    AN ACT concerning agriculture.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    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:
    (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.
    (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
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.
    (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.
    (505 ILCS 110/7)  (from Ch. 5, par. 407)
    Sec. 7. Exemptions.
    (a) The provisions of Sections 4 through 4.5 and Sections 5
and 5.1 do not apply:
        (1) To seed or grain not intended for sowing purposes.
        (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.
        (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
    agricultural, vegetable or other seeds designated by the
    Department of Agriculture subject to the provisions of this
    (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.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 08/16/2016