Print Friendly SENATE BILL NO. 1409 – Alfalfa seed, genetically modified
SENATE BILL NO. 1409
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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
|||| 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-
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
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
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-
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
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 to the Idaho State Department of Agriculture
is negligible due to only one research plot that is currently
established in Idaho.
Name: Sen. Clint Stennett
Brad Hoaglun, ID Alfalfa & Clover See Growers Assoc.
STATEMENT OF PURPOSE/FISCAL NOTE S 1409