Public Act 099-0827
Public Act 0827 99TH GENERAL ASSEMBLY
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Public Act 099-0827
| | SB3130 Enrolled | LRB099 19639 SLF 44036 b |
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| 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.
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Effective Date: 08/16/2016
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