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 
    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.