SB3130eng 99TH GENERAL ASSEMBLY

SB3130 Engrossed LRB099 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 2.1445 and 2.1446 and by changing Section 7 as follows:

(505 ILCS 110/2.1445 new)

Sec. 2.1445. 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 110/2.1446 new)

Sec. 2.1446. 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. A person participating in non-commercial seed sharing may not expect, or create the expectation, that seeds must be returned in exchange for receiving seeds, nor may such distribution of seed be given as compensation for work or services rendered.

(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 noncommercial seed sharing activities, including, but not limited to, seed libraries and seed swaps. A seed library may adopt labeling or record-keeping standards to identify the date, species or common name, and source of the seed received by the seed library, 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.

(Source: P.A. 85-717.)

Section 99. Effective date. This Act takes effect upon becoming law.