HF 2599

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; providing for seed 
  1.3             availability and competition; requiring registration 
  1.4             of retained patented seed; setting a fee; creating an 
  1.5             account; imposing a penalty; appropriating money; 
  1.6             proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 21. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [21.902] [SEED AVAILABILITY AND COMPETITION.] 
  1.10     Subdivision 1.  [REGISTRATION.] A farmer who plants 
  1.11  patented seed on land owned or leased by the farmer and seeks to 
  1.12  retain seed from the harvest of that planting for replanting the 
  1.13  following planting season must register with the Department of 
  1.14  Agriculture.  The farmer must provide the department with the 
  1.15  number of bushels of seed to be retained and pay a $7 per bushel 
  1.16  fee for the retention of the seed.  $6 of the fee must be 
  1.17  collected by the department and paid on a quarterly basis to the 
  1.18  person or persons holding the patent for the seed.  $1 of the 
  1.19  fee may be used by the department for administrative costs 
  1.20  associated with the registration of the seed.  Any portion of 
  1.21  the $1 fee not used by the department for administrative costs 
  1.22  must be deposited into the genetically engineered seed fund 
  1.23  established in subdivision 2. 
  1.24     Subd. 2.  [FUND.] There is created in the State Treasury 
  1.25  the genetically engineered seed fund, which shall consist of 
  1.26  money deposited in the fund under subdivision 1.  Money in the 
  2.1   fund is appropriated to the University of Minnesota for 
  2.2   agricultural research and development. 
  2.3      Subd. 3.  [LIABILITY.] A farmer who plants seed registered 
  2.4   under this section is only liable for any health, safety, and 
  2.5   environmental impacts if the farmer intentionally or negligently 
  2.6   fails to substantially follow the patent holder's and 
  2.7   manufacturer's instructions and guidelines for planting the seed.
  2.8      Subd. 4.  [VIOLATION.] A person who violates this section 
  2.9   commits the crime of misappropriation of patented seed and is 
  2.10  guilty of a gross misdemeanor. 
  2.11     Subd. 5.  [OTHER REMEDIES.] Nothing in this section 
  2.12  precludes the owner of the misappropriated seed from seeking all 
  2.13  other available legal remedies.