| ||||
| Public Act 099-0827 | ||||
| ||||
| ||||
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 | ||
Act.
| ||
(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.
| ||