2002 Legislation
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SENATE BILL NO. 1409 – Alfalfa seed, genetically modified

SENATE BILL NO. 1409

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



S1409...............................................by AGRICULTURAL AFFAIRS
ALFALFA SEED - Amends existing law to prohibit the sale or delivery within
Idaho of genetically modified alfalfa seed; to prohibit planting such seed
for one year; to provide an exception; to provide that the director of the
Department of Agriculture shall approve designated research plots; and to
define "genetically modified."
                                                                        
02/08    Senate intro - 1st rdg - to printing
02/11    Rpt prt - to Agric Aff

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1409
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE PURE SEED LAW; AMENDING SECTION 22-416, IDAHO  CODE,  TO  PRO-
  3        HIBIT  THE  SALE  OR DELIVERY WITHIN IDAHO OF GENETICALLY MODIFIED ALFALFA
  4        SEED, TO PROHIBIT THE PLANTING OF SUCH SEED FOR ONE YEAR,  TO  PROVIDE  AN
  5        EXCEPTION,  TO  PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE
  6        SHALL APPROVE DESIGNATED RESEARCH PLOTS, TO DEFINE "GENETICALLY  MODIFIED"
  7        AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section  22-416, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        22-416.  PROHIBITIONS. (1) It shall be unlawful for any  person  to  sell,
 12    offer  for  sale, expose for sale, or deliver under a contract any seed within
 13    the state:
 14        (a)  Unless the test to determine the percentage of  germination  required
 15        by  section 22-415, Idaho Code, shall have been completed within a fifteen
 16        (15) month period, exclusive of the calendar month in which the  test  was
 17        completed  immediately  prior  to  sale, exposure for sale, or offered for
 18        sale or transportation. This prohibition does not apply to tree and  shrub
 19        seeds or agricultural or vegetable seed in hermetically-sealed containers.
 20        The  director  may  by regulation prescribe a longer period than otherwise
 21        stated herein, and the conditions and methods of  treatment  or  packaging
 22        and labeling which he deems to be necessary to maintain the identification
 23        and viability of such seed.
 24        (b)  Not  labeled  in  accordance  with the provisions of this chapter, or
 25        having false or misleading labeling.
 26        (c)  Pertaining to which there has been a false or  misleading  advertise-
 27        ment.
 28        (d)  Containing prohibited noxious weed seeds.
 29        (e)  Containing  restricted  noxious  weed seeds singly or collectively in
 30        excess of tolerances as provided by  the  rules  and  regulations  of  the
 31        department.
 32        (f)  Labeled a variety name for which a United States certificate of plant
 33        variety  protection  has  been  issued or is pending, specifying seed sale
 34        only as a class of certified seed, when the seed is in fact not  certified
 35        by an official seed certifying agency.
 36        (g)  If  the  crop  seed  rye (Secale cereal) is present in wheat, oats or
 37        barley.
 38        (h)  Alfalfa seed, if such seed has been genetically modified. Except  for
 39        designated  research  plots  as provided herein, such genetically modified
 40        seed shall not be planted within the state of Idaho for a  period  of  one
 41        (1)  year beginning on July 1, 2002. The director shall approve designated
 42        research plots for genetically modified alfalfa seed that have a surround-
 43        ing buffer zone from other alfalfa and clover seeds as  determined  appro-
                                                                        
                                           2
                                                                        
  1        priate by the director. For purposes of this subsection, "genetically mod-
  2        ified"  means  one (1) or more genes have been altered by removing genetic
  3        material of the plant seed or by inserting genetic material from an animal
  4        or a different species of plant.
  5        (2)  It shall be unlawful for any person within this state:
  6        (a)  To detach, alter, deface, or destroy any label provided for  in  this
  7        chapter  or  the rules and regulations made and promulgated thereunder, or
  8        to alter or substitute seed, in a manner that may defeat the  purposes  of
  9        this chapter.
 10        (b)  To disseminate any false or misleading advertisement concerning seeds
 11        in any manner or by any means.
 12        (c)  To hinder or obstruct in any way any authorized person in the perfor-
 13        mance of his duties under this chapter.
 14        (d)  To fail to comply with a "stop-sale" order.
 15        (e)  To ship, deliver, transport, or sell seeds treated with any substance
 16        likely to be poisonous to human beings or animals unless there is conspic-
 17        uously  shown  on  the analysis tag or label, or on a separate tag or con-
 18        tainer, the word "treated,", signal word and precautionary statements  for
 19        appropriate  warning  adequate to protect the public based on the toxicity
 20        categories set forth in title 40, code of federal  regulations,  effective
 21        July  1, 1989. It is unlawful to sell or divert seed so treated for use or
 22        for processing either for human or animal consumption.
 23        (f)  To transport screenings containing noxious weed seeds without  proper
 24        covering  or tarping, or containerizing or boxing, to prevent noxious weed
 25        seed dissemination. All screenings containing noxious weed seeds  must  be
 26        processed to eliminate germination.
 27        (g)  To return to a seed dealer treated seed in open bags except for stor-
 28        age purposes.
 29        (3)  It  shall be unlawful for any person to make any representation as to
 30    any particular lot of seeds, tubers, plants or  plant  parts  intended  to  be
 31    offered  for sale as "Idaho State Certified," "State Certified," "Idaho Certi-
 32    fied," or "Certified," or similar words or phrases, without first  having  the
 33    written  certificate  of the Idaho agricultural experiment station in the col-
 34    lege of agriculture of the university of Idaho or its agent as to the  genetic
 35    purity and/or other characteristics of the particular seeds, tubers, plants or
 36    plant parts as represented.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                           RS 11963c1

     This measure would amend the pure seed law to prohibit the
sale of genetically modified(GM)alfalfa seed in Idaho for a
period of one year, beginning July 1, 2002.  The legislation also
requires the Idaho State Department of Agriculture to approve
designated research plots with an appropriate buffer zone from
other alfalfa and clover crops.

     Legislation is necessary to protect Idaho's $49 million
alfalfa and clover seed industry by preventing unintended
transfer of pollen from GM alfalfa seed to non-GM alfalfa seed by
leafcutter and honey bees.  At the present time Idaho's foreign
customers of alfalfa seed and forage have a zero tolerance
acceptance of GM alfalfa products.  During the one-year
moratorium the issues of isolation and pollination transfer, crop
rotation, machinery cleaning, transportation, irrigation, harvest
waste, invasive species, bonding for unintentional gene transfer
and other protocols will be discussed and established. 

                          FISCAL IMPACT

     Fiscal impact to the Idaho State Department of Agriculture
is negligible due to only one research plot that is currently
established in Idaho.



Contact
Name:     Sen. Clint Stennett 
Phone:    208/332-1351
          Brad Hoaglun, ID Alfalfa & Clover See Growers Assoc.
          208/888-0988



STATEMENT OF PURPOSE/FISCAL NOTE                    S 1409