SB3130 EngrossedLRB099 19639 SLF 44036 b

1    AN ACT concerning agriculture.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Seed Law is amended by adding
5Sections 2.1445 and 2.1446 and by changing Section 7 as
7    (505 ILCS 110/2.1445 new)
8    Sec. 2.1445. Seed library. "Seed library" means a
9nonprofit, governmental, or cooperative organization,
10association, or activity for the purpose of facilitating the
11donation, exchange, preservation, and dissemination of seeds
12of open pollinated, public domain plant varieties by or among
13its members or members of the public when the use, exchange,
14transfer, or possession of seeds acquired by or from the seed
15library is free of charge or consideration.
16    (505 ILCS 110/2.1446 new)
17    Sec. 2.1446. Non-commercial seed sharing. "Non-commercial
18seed sharing" means seed sharing for which no monetary
19consideration or compensation is transferred in return for
20receiving seeds. A person participating in non-commercial seed
21sharing may not expect, or create the expectation, that seeds
22must be returned in exchange for receiving seeds, nor may such



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1distribution of seed be given as compensation for work or
2services rendered.
3    (505 ILCS 110/7)  (from Ch. 5, par. 407)
4    Sec. 7. Exemptions.
5    (a) The provisions of Sections 4 through 4.5 and Sections 5
6and 5.1 do not apply:
7        (1) To seed or grain not intended for sowing purposes.
8        (2) To seed in storage in, or being transported or
9    consigned to a cleaning or conditioning establishment for
10    cleaning or conditioning, provided, that the invoice or
11    labeling accompanying any shipment of said seed bears the
12    statement "seed for conditioning"; and provided that any
13    labeling or other representation which may be made with
14    respect to the uncleaned or unconditioned seed shall be
15    subject to this Act.
16        (3) To any carrier in respect to any seed transported
17    or delivered for transportation in the ordinary course of
18    its business as a carrier; provided, that such carrier is
19    not engaged in producing, processing, or marketing
20    agricultural, vegetable or other seeds designated by the
21    Department of Agriculture subject to the provisions of this
22    Act.
23    (b) The provisions of Sections 4, 4.4, 4.5, 6, and 10, and
24of paragraphs (1), (2), (3), (4), (5), (8), and (11) of Section
255, do not apply to unpatented, untreated seed that is free of



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1noxious and exotic weed seeds and that is distributed within
2this State by means of interpersonal noncommercial seed sharing
3activities, including, but not limited to, seed libraries and
4seed swaps. A seed library may adopt labeling or record-keeping
5standards to identify the date, species or common name, and
6source of the seed received by the seed library, and shall make
7this information available to the Department upon request in
8the course of an investigation of an alleged violation of the
9provisions in this Act.
10(Source: P.A. 85-717.)
11    Section 99. Effective date. This Act takes effect upon
12becoming law.