Illinois General Assembly - Full Text of SB3130
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Full Text of SB3130  99th General Assembly




SB3130 EnrolledLRB099 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 2.121-5, 2.132-5 and 2.133-5 and by changing Section 7
6as follows:
7    (505 ILCS 110/2.121-5 new)
8    Sec. 2.121-5. Non-commercial seed sharing. "Non-commercial
9seed sharing" means seed sharing for which no monetary
10consideration or compensation is transferred in return for
11receiving seeds. "Non-commercial seed sharing" does not
12include seed sharing in which the person participating in the
13seed sharing expects or creates the expectation that seeds must
14be returned in exchange for receiving seeds or when the
15distribution of seed is given as compensation for work or
16services rendered.
17    (505 ILCS 110/2.132-5 new)
18    Sec. 2.132-5. Seed library. "Seed library" means a
19nonprofit, governmental, or cooperative organization,
20association, or activity for the purpose of facilitating the
21donation, exchange, preservation, and dissemination of seeds
22of open pollinated, public domain plant varieties by or among



SB3130 Enrolled- 2 -LRB099 19639 SLF 44036 b

1its members or members of the public when the use, exchange,
2transfer, or possession of seeds acquired by or from the seed
3library is free of charge or consideration.
4    (505 ILCS 110/2.133-5 new)
5    Sec. 2.133-5. Seed swap event. "Seed swap event" means an
6organized and publicly promoted event at which non-commercial
7seed sharing takes place.
8    (505 ILCS 110/7)  (from Ch. 5, par. 407)
9    Sec. 7. Exemptions.
10    (a) The provisions of Sections 4 through 4.5 and Sections 5
11and 5.1 do not apply:
12        (1) To seed or grain not intended for sowing purposes.
13        (2) To seed in storage in, or being transported or
14    consigned to a cleaning or conditioning establishment for
15    cleaning or conditioning, provided, that the invoice or
16    labeling accompanying any shipment of said seed bears the
17    statement "seed for conditioning"; and provided that any
18    labeling or other representation which may be made with
19    respect to the uncleaned or unconditioned seed shall be
20    subject to this Act.
21        (3) To any carrier in respect to any seed transported
22    or delivered for transportation in the ordinary course of
23    its business as a carrier; provided, that such carrier is
24    not engaged in producing, processing, or marketing



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1    agricultural, vegetable or other seeds designated by the
2    Department of Agriculture subject to the provisions of this
3    Act.
4    (b) The provisions of Sections 4, 4.4, 4.5, 6, and 10, and
5of paragraphs (1), (2), (3), (4), (5), (8), and (11) of Section
65, do not apply to unpatented, untreated seed that is free of
7noxious and exotic weed seeds and that is distributed within
8this State by means of interpersonal non-commercial seed
9sharing activities, including, but not limited to, seed
10libraries and seed swap events. A seed library or seed swap
11event organizer shall adopt labeling or record-keeping
12standards to identify the year, species or common name, and
13source of any non-commercially packaged seed received by the
14seed library or offered at a seed swap event, and shall make
15this information available to the Department upon request in
16the course of an investigation of an alleged violation of the
17provisions in this Act. Information maintained by seed
18libraries shall be provided to the Department to the extent
19permissible under the Library Records Confidentiality Act.
20(Source: P.A. 85-717.)
21    Section 99. Effective date. This Act takes effect upon
22becoming law.