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30th Legislature(2017-2018)

Bill Text 30th Legislature

00 Enrolled HB 197                                                                                                         
01 Relating to the duties of the commissioner of natural resources; relating to agriculture;                               
02 relating to the noncommercial transfer of seed; and relating to community seed libraries.                               
03                           _______________                                                                               
04    * Section 1. AS 03.05.010(a) is amended to read:                                                                     
05            (a)  The commissioner of natural resources shall                                                             
06 (1)  direct, administer, and supervise promotional and experimental                                                     
07 work, extension services, and agricultural projects for the purpose of promoting and                                    
08 developing commercial and noncommercial [THE] agricultural industry in                                              
09 [WITHIN] the state, including [SUCH FIELDS AS] horticulture, dairying, cattle                                         
10       raising, fur farming, grain production, vegetable production, and [DEVELOPMENT                                    
11       OF OTHER] agricultural products;                                                                                  
12                 (2)  procure and preserve all information pertaining to developing the                                
13       [DEVELOPMENT OF THE] agricultural industry in the state and disseminate that                                    
01       information to the public;                                                                                        
02 (3)  assist prospective settlers and others [DESIRING] to engage in the                                                 
03 agricultural industry in the state by providing [WITH] information about                                            
04 [CONCERNING AREAS SUITABLE FOR AGRICULTURE AND OTHER]                                                                   
05 activities and programs essential to developing the [DEVELOPMENT OF THE]                                              
06       agricultural industry and areas in the state that are suitable for agriculture;                               
07 (4)  review the marketing, financing, transportation, and development                                                 
08 of agricultural products in [INSIDE] the state [INCLUDING TRANSPORTATION],                                            
09 with special emphasis on [UPON] local production, and negotiate for the marketing of                                  
10       agricultural products of the state with federal and state agencies operating in the state;                        
11 (5)  regulate and control the entry in [INTO] the state and the                                                       
12 transportation, sale, or use in [INSIDE] the state of plants, seeds, vegetables, shell                                
13 eggs, fruits and berries, nursery stock, animal feeds, remedies and mineral                                             
14 supplements, fertilizers, and agricultural chemicals [IN ORDER] to prevent the spread                                   
15 of pests, diseases, or toxic substances injurious to the public interest [,] and [TO]                                   
16 protect the agricultural industry against fraud, deception, and misrepresentation; for                                
17 purposes of this paragraph, [IN THIS CONNECTION] the commissioner may                                                 
18       require registration, inspection, and testing, and may establish procedures and fees;                           
19 (6)  regulate the farming of elk in a manner similar to the manner in                                                   
20 which the commissioner regulates domestic animals and livestock, to the extent that is                                  
21       appropriate;                                                                                                      
22 (7)  regulate the labeling of seed that does not comply with the                                                      
23       requirements of AS 03.20.130 [REPEALED].                                                                        
24    * Sec. 2. AS 03.05.030 is amended to read:                                                                           
25 Sec. 03.05.030. Rules for grading and classification of agricultural                                                    
26 products. Subject to (b) of this section, the [THE] commissioner may adopt rules,                                     
27 regulations, and procedures requiring the classification, grading, and inspection of                                    
28 agricultural products before the products are sold or offered for sale for general                                    
29 consumption [BEFORE THEY ARE SOLD], and requiring the marking or labeling of                                            
30 a [ANY] sack, box, carton, or other container of an agricultural product                                          
31 [PRODUCTS] to show the kind, grade, or other prescribed classification of the                                           
01       container's contents.                                                                                           
02    * Sec. 3. AS 03.05.030 is amended by adding a new subsection to read:                                                
03 (b)  A rule, regulation, or procedure adopted under (a) of this section does not                                        
04 apply to the noncommercial transfer of seed under AS 03.20.110 or the giving or                                         
05 exchanging of seed through a community seed library under AS 03.20.120(a), unless                                       
06       the seed                                                                                                          
07                 (1)  does not comply with requirements applicable under AS 03.20;                                       
08                 (2)  contains seed of a patented, protected, or proprietary variety used                                
09       without permission of the patent or certificate holder of the intellectual property                               
10       associated with the variety;                                                                                      
11 (3)  has been misrepresented as seed classified, graded, or inspected                                                   
12       under (a) of this section; or                                                                                     
13 (4)  contains prohibited or restricted weed seed or seed from a species                                                 
14       the department has determined is noxious.                                                                         
15    * Sec. 4. AS 03.20 is amended by adding new sections to read:                                                        
16      Article 1A. Noncommercial Transfer of Seed and Community Seed Libraries.                                           
17 Sec. 03.20.110. Noncommercial transfer of seed. An individual may give to                                               
18 or exchange with another individual for noncommercial use in the state seed that is                                     
19       otherwise legal to possess in the state.                                                                          
20 Sec. 03.20.120. Community seed libraries. (a) A person may establish a                                                  
21 community seed library for individual giving or exchanging of seed that is intended                                     
22 for home, educational, charitable, or noncommercial use in the state and that is                                        
23       harvested from a plant grown                                                                                      
24 (1)  outside the state and imported into the state in compliance with                                                   
25       AS 03.05.010(a)(5); or                                                                                            
26                 (2)  in the state.                                                                                      
27 (b)  A person may give seed to or exchange seed with another person through a                                           
28       community seed library established under (a) of this section.                                                     
29 (c)  Seed given, exchanged, or offered for giving or exchanging under (b) of                                            
30       this section must be                                                                                              
31                 (1)  packaged either in the original package or repackaged; and                                         
01                 (2)  except as provided in (d) of this section, labeled with the following                              
02       information on each package:                                                                                      
03                      (A)  the common name of the plant from which the seed                                              
04            derives;                                                                                                     
05                      (B)  the name and address of the community seed library;                                           
06                      (C)  the statement "Not authorized for commercial use and not                                      
07            classified, graded, or inspected by the State of Alaska"; and                                                
08                      (D)  if treated with a toxic substance, the statement "Treated                                     
09            seed--Not for consumption."                                                                                  
10 (d)  A person who is giving, exchanging, or offering a seed package at a                                                
11 community seed library may satisfy the labeling requirement under (c)(2) of this                                        
12 section by displaying a sign near the packaged seed that identifies the seed and clearly                                
13       states the information required under (c)(2) of this section.                                                     
14 Sec. 03.20.130. Limitations. A person may not give seed to or exchange seed                                             
15 with another person under AS 03.20.110 and 03.20.120 in an amount that, for each                                        
16       person who receives the seed, exceeds 100 pounds.                                                                 
17 Sec. 03.20.140. Online publication of noncommercial giving or exchanging                                                
18 of seed. A person involved in noncommercial giving or exchanging of seed under                                          
19 AS 03.20.110 and 03.20.120 may register online with the department under                                                
20 AS 44.37.030(b) and submit to the department information, including the person's                                        
21 name, telephone number, and electronic mail address, and the location where the                                         
22       person gives or exchanges seed, for publication on the department's Internet website.                             
23 Sec. 03.20.150. Applicability of other laws. Nothing in AS 03.20.110 -                                                  
24       03.20.150 authorizes a person to                                                                                  
25 (1)  violate 7 U.S.C. 2321 - 2582 (Plant Variety Protection Act of                                                      
26       1970);                                                                                                            
27                 (2)  give, exchange, or receive a seed                                                                  
28                      (A)  from a plant that is regulated as                                                             
29 (i)  a controlled substance under AS 11.71 or a drug                                                                    
30                 under AS 17.20; or                                                                                      
31                           (ii)  marijuana under AS 17.38; or                                                            
01                      (B)  patented under 35 U.S.C. 161 - 164 (Plant Patent Act of                                       
02            1930);                                                                                                       
03                 (3)  possess, give, or exchange seed that is considered to be noxious,                                  
04       invasive, or toxic under AS 03.05 or AS 44.37 or a regulation adopted under those                                 
05       chapters.                                                                                                         
06    * Sec. 5. AS 03.22.020 is amended to read:                                                                           
07            Sec. 03.22.020. Purpose of center. The objectives of the plant materials                                     
08       center, in cooperation with the college or department of the University of Alaska                                 
09       responsible for the Agricultural and Forestry Experiment Station, are to                                          
10 (1)  assemble, evaluate, select, and increase plant materials needed in                                                 
11 soil and water conservation, agriculture, and industry, and maintain genetic purity of                                  
12       these materials;                                                                                                  
13                 (2)  increase promising plant materials for field scale testing;                                        
14 (3)  test the promising materials in field plantings on sites that represent                                            
15       soil and climatic conditions not found at the center;                                                             
16 (4)  maintain and provide for increase of basic seed stocks of plant                                                    
17       materials for agricultural and conservation interests;                                                            
18 (5)  make seed and plant materials available, for a fee if necessary, in                                                
19 such a manner as to avoid monopolistic control of basic stocks of these materials and                                   
20 encourage the development of a seed industry, noncommercial transfer of seed, and                                     
21       community seed libraries established under AS 03.20.120;                                                        
22 (6)  support but not duplicate activities carried on by state or federally                                              
23       funded research programs in the state;                                                                            
24 (7)  prepare, publish, and disseminate a summary report on all studies                                                  
25       as they are completed.                                                                                            
26    * Sec. 6. AS 44.37.030 is amended to read:                                                                           
27 Sec. 44.37.030. Duties of department with respect to agriculture. The                                                   
28       Department of Natural Resources shall                                                                             
29 (1)  obtain and publish [GET AND DISTRIBUTE] information                                                              
30 electronically and in print on subjects connected with agriculture, including                                       
31       community seed libraries established under AS 03.20.120;                                                        
01                 (2)  control and regulate the entry and transportation of seeds, plants,                                
02       and other horticultural products;                                                                                 
03                 (3)  control and eradicate the spread of pests injurious to plants, trees,                              
04       vegetables, livestock, and poultry;                                                                             
05                 (4)  aid in developing used and unused agricultural resources; and                                      
06                 (5)  experiment and determine practical methods of growing,                                             
07       processing, soil analysis, eradication of obnoxious weeds, control of insects, and                                
08       cheaper and more satisfactory methods of land clearing.                                                           
09    * Sec. 7. AS 44.37.030 is amended by adding a new subsection to read:                                                
10            (b)  The Department of Natural Resources may                                                                 
11 (1)  advise persons who establish or operate a community seed library                                                   
12       under AS 03.20.120; and                                                                                           
13 (2)  post on the department's Internet website and annually update the                                                  
14       following:                                                                                                        
15 (A)  information about noncommercial giving or exchanging of                                                            
16 seed, including information about community seed libraries established under                                            
17 AS 03.20.120, community seed library locations, community seed library                                                  
18 facilitators, and best practices for noncommercial giving or exchanging of                                              
19            seed;                                                                                                        
20 (B)  an online registration form for a person involved in                                                               
21 noncommercial giving or exchanging of seed to submit to the department for                                              
22            publication, without a fee, information under AS 03.20.140;                                                  
23 (C)  information provided for publication under (B) of this                                                             
24            paragraph.                                                                                                   
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