HF 2210

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to agriculture; providing a mechanism for
farmers to reserve seed from an agricultural crop for
purposes of planting in subsequent crop years;
authorizing a fee; imposing a penalty; amending
Minnesota Statutes 2004, sections 21.81, by adding
subdivisions; 21.87; proposing coding for new law in
Minnesota Statutes, chapter 21.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 21.81, is
amended by adding a subdivision to read:

new text begin Subd. 22a. new text end

new text begin Reserve or reservation. new text end

new text begin "Reserve" or
"reservation" means the process a farmer may use to establish
legal standing to collect, store, plant, and harvest
farmer-reserved seed.
new text end

Sec. 2.

Minnesota Statutes 2004, section 21.81, is amended
by adding a subdivision to read:

new text begin Subd. 22b. new text end

new text begin Farmer-reserved seed. new text end

new text begin "Farmer-reserved seed"
means agricultural seed collected at harvest by a farmer who has
grown a genetically engineered agricultural crop for purposes of
replanting on land operated by the farmer in a subsequent crop
year.
new text end

Sec. 3.

Minnesota Statutes 2004, section 21.81, is amended
by adding a subdivision to read:

new text begin Subd. 24a. new text end

new text begin State seed reservation office. new text end

new text begin "State seed
reservation office" means the designated public or private
organization or entity established as the sole recognized
repository of information on farmer-reserved seed.
new text end

Sec. 4.

Minnesota Statutes 2004, section 21.87, is amended
to read:

21.87 EXEMPTION.

Sections 21.82 and 21.83 do not apply:

(a) to seed or grain not intended for sowing purposes;

(b) to seed in storage in or being transported or consigned
to a conditioning establishment for conditioning, provided that
the invoice or label accompanying any shipment of the seeds
bears the statement "seeds for conditioning," and provided that
any labeling or other representation which may be made with
respect to the unconditioned seed is subject to the provisions
of sections 21.82 and 21.83; deleted text begin or
deleted text end

(c) to any carrier with respect to seed transported or
delivered for transportation in the ordinary course of its
business as a carrier, provided that the carrier is not engaged
in producing, conditioning, or marketing seeds subject to
sections 21.82 and 21.83 new text begin ; or
new text end

new text begin (d) to farmer-reserved seed held and stored by a farmer
under section 21.875 new text end .

Sec. 5.

new text begin [21.875] FARMER-RESERVED SEED.
new text end

new text begin (a) This section establishes a procedure to allow a farmer
to retain seed from a genetically modified agricultural crop for
planting by the farmer in the farmer's own farming operation in
a subsequent crop year. In order to protect the legitimate
economic interests of the developer and holder of patents or
other legal claims of interest in genetically modified
agricultural crops, the reservation, storage, planting, and
harvesting of farmer-reserved seed is subject to this section.
new text end

new text begin (b) By October 1, 2005, the commissioner shall designate a
public or private organization or entity as the state seed
reservation office. The commissioner shall monitor activities
of the state seed reservation office and may, annually on
October 1, renew the current designation or designate a
different organization or entity with or without cause and at
the sole discretion of the commissioner.
new text end

new text begin (c) After consultation with the commissioner, the state
seed reservation office must establish reasonable fees for the
services provided by the office. The fees must be payable by
the farmer submitting an application for farmer-reserved seed
and must be adequate to cover the costs of reservation plus a
reasonable administrative fee. Charges may be adjusted from
time to time with the written approval of the commissioner.
new text end

new text begin (d) A farmer may reserve seed from one crop year to a
subsequent crop year by submitting a completed reservation
application to the state reservation office along with the
required fee. An application may be submitted at any time
between the date on which the seed is purchased from the dealer
or retailer and five business days after the crop is harvested.
new text end

new text begin (e) The application forms for farmer-reserved seed must be
prepared and made available at no cost by the state seed
reservation office. The state seed reservation office may also
provide a printable version of the application form on an
Internet Web site. Each retailer of agricultural seed must
provide application forms to a farmer upon request. The form
must consist of a single page or sheet of paper with spaces for
the following information:
new text end

new text begin (1) the name and address of the farmer;
new text end

new text begin (2) the crop year in which the farmer-reserved seed will be
harvested;
new text end

new text begin (3) the date the application is submitted or mailed to the
state seed reservation office;
new text end

new text begin (4) the type of seed to be reserved;
new text end

new text begin (5) the variety and trade or brand name of the seed, as
appropriate;
new text end

new text begin (6) the name of the company producing, distributing, or
selling the seed, as appropriate;
new text end

new text begin (7) the name and address of the dealer or retailer from
whom the seed is purchased;
new text end

new text begin (8) the date on which the seed is planted or is to be
planted;
new text end

new text begin (9) the specific location of the farm field where the
farmer-reserved seed was or will be harvested;
new text end

new text begin (10) the quantity of seed the farmer intends to reserve and
the number of acres that will be planted in the subsequent
growing season with the farmer-reserved seed; and
new text end

new text begin (11) facilities available to the farmer where the
farmer-reserved seed will be stored.
new text end

new text begin (f) Within 15 business days after receipt of an application
for farmer-reserved seed, the state seed reservation office must
provide written notice of the reservation to the seed company,
seed retailer, and farmer.
new text end

new text begin (g) A farmer may use farmer-reserved seed only for purposes
of planting subsequent crops in the farmer's own farming
operation. Sale of any amount of the reserved seed to another
party for planting is a gross misdemeanor. Reserved seed may be
sold in the commodity grain market not less than ten years after
submission of the original application for reservation.
new text end