CSHB 197(RES): "An Act relating to the duties of the commissioner of natural resources; relating to agriculture; and relating to the personal noncommercial transfer of seed and to community seed libraries."

00 CS FOR HOUSE BILL NO. 197(RES) 01 "An Act relating to the duties of the commissioner of natural resources; relating to 02 agriculture; and relating to the personal noncommercial transfer of seed and to 03 community seed libraries." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 03.05.010(a) is amended to read: 06 (a) The commissioner of natural resources shall 07 (1) direct, administer, and supervise promotional and experimental 08 work, extension services, and agricultural projects for the purpose of promoting and 09 developing commercial and noncommercial [THE] agricultural industry and 10 production in [WITHIN] the state, including community seed libraries under 11 AS 03.20.120 and [SUCH FIELDS AS] horticulture, dairying, cattle raising, fur 12 farming, grain production, vegetable production, and [DEVELOPMENT OF OTHER] 13 agricultural products; 14 (2) procure and preserve all information pertaining to developing the

01 [DEVELOPMENT OF THE] agricultural industry in the state and disseminate that 02 information to the public; 03 (3) assist prospective settlers and others [DESIRING] to engage in the 04 agricultural industry in the state by providing [WITH] information about 05 [CONCERNING AREAS SUITABLE FOR AGRICULTURE AND OTHER] 06 activities and programs essential to developing the [DEVELOPMENT OF THE] 07 agricultural industry and areas in the state that are suitable for agriculture; 08 (4) review the marketing, financing, transportation, and development 09 of agricultural products in [INSIDE] the state [INCLUDING TRANSPORTATION], 10 with special emphasis upon local production, and negotiate for the marketing of 11 agricultural products of the state with federal and state agencies operating in the state; 12 (5) regulate and control the entry in [INTO] the state and the 13 transportation, sale, or use in [INSIDE] the state of plants, seeds, vegetables, shell 14 eggs, fruits and berries, nursery stock, animal feeds, remedies and mineral 15 supplements, fertilizers, and agricultural chemicals [IN ORDER] to prevent the spread 16 of pests, diseases, or toxic substances injurious to the public interest [,] and [TO] 17 protect the agricultural industry against fraud, deception, and misrepresentation; for 18 purposes of this paragraph, [IN THIS CONNECTION] the commissioner may 19 require registration, inspection, and testing, and may establish procedures and fees; 20 (6) regulate the farming of elk in a manner similar to the manner in 21 which the commissioner regulates domestic animals and livestock, to the extent that is 22 appropriate; 23 (7) subject to AS 03.20.120, regulate community seed libraries 24 [REPEALED]. 25 * Sec. 2. AS 03.05.030 is amended to read: 26 Sec. 03.05.030. Rules for grading and classification of agricultural 27 products. Subject to (b) of this section, the [THE] commissioner may adopt rules, 28 regulations, and procedures requiring the classification, grading, and inspection of 29 agricultural products before they are sold or offered for sale for general consumption 30 [BEFORE THEY ARE SOLD], and requiring the marking or labeling of a [ANY] 31 sack, box, carton, or other container of an agricultural product [PRODUCTS] to show

01 the kind, grade, or other prescribed classification of the 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 personal noncommercial transfer of seed under AS 03.20.110 or the 05 giving or exchanging of seed through a community seed library under 06 AS 03.20.120(a), unless 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. Personal Noncommercial Transfer of Seed and Community Seed Libraries. 17 Sec. 03.20.110. Personal noncommercial transfer of seed. An individual 18 may give to or barter with another, for personal noncommercial use in the state, seed 19 that is 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 exchange of seed that is intended for 22 home, educational, charitable, or personal noncommercial use in the state, harvested 23 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, and untreated with a substance toxic to humans, 27 animals, or pollinating insects. 28 (b) A person in the state may give or exchange seed under (a) of this section to 29 another person in the state through a community seed library. 30 (c) Seed given, exchanged, or offered for giving or exchange under (b) of this 31 section must be packaged and labeled with

01 (1) the seed's species and variety; 02 (2) the name and address of the seed library; 03 (3) the year the seed was packaged; 04 (4) the weight of the packaged contents; and 05 (5) the statement "Not authorized for commercial use and not 06 classified, graded, or inspected by the State of Alaska." 07 Sec. 03.20.130. Limitations. Notwithstanding AS 03.20.110 and 03.20.120, a 08 person may not give or exchange seed in an amount that, for each person who receives 09 the seed, exceeds one pound. 10 Sec. 03.20.140. Online publication of noncommercial giving or exchanging 11 of seed. A person involved in noncommercial giving or exchanging of seed under 12 AS 03.20.110 - 03.20.120 may register online with the department under 13 AS 44.37.030(7) and submit to the department information, including the person's 14 name, telephone number, and electronic mail address, and the location where the 15 person gives or exchanges seed, for publication on the department's Internet website. 16 Sec. 03.20.150. Applicability of other laws. Nothing in AS 03.20.110 - 17 03.20.150 authorizes a person to 18 (1) violate 7 U.S.C. 57 (Plant Variety Protection Act of 1970); 19 (2) exchange, distribute, or receive a seed 20 (A) from a plant that is regulated as 21 (i) a controlled substance under AS 11.71 or a drug 22 under AS 17.20; or 23 (ii) marijuana under AS 17.38; or 24 (B) patented under 35 U.S.C. 15 (Plant Patent Act of 1930); 25 (3) possess, give, or exchange seed that is considered to be noxious, 26 invasive, or toxic under AS 03 or AS 44.37 or a regulation adopted under those 27 chapters. 28 * Sec. 5. AS 03.22.020 is amended to read: 29 Sec. 03.22.020. Purpose of center. The objectives of the plant materials 30 center, in cooperation with the college or department of the University of Alaska 31 responsible for the Agricultural and Forestry Experiment Station, are to

01 (1) assemble, evaluate, select, and increase plant materials needed in 02 soil and water conservation, agriculture, and industry, and maintain genetic purity of 03 these materials; 04 (2) increase promising plant materials for field scale testing; 05 (3) test the promising materials in field plantings on sites that represent 06 soil and climatic conditions not found at the center; 07 (4) maintain and provide for increase of basic seed stocks of plant 08 materials for agricultural and conservation interests; 09 (5) make seed and plant materials available, for a fee if necessary, in 10 such a manner as to avoid monopolistic control of basic stocks of these materials and 11 encourage the development of a seed industry and community seed libraries under 12 AS 03.20.120; 13 (6) support but not duplicate activities carried on by state or federally 14 funded research programs in the state; 15 (7) prepare, publish, and disseminate a summary report on all studies 16 as they are completed. 17 * Sec. 6. AS 44.37.030 is amended to read: 18 Sec. 44.37.030. Duties of department with respect to agriculture. The 19 Department of Natural Resources shall 20 (1) obtain and publish [GET AND DISTRIBUTE] information 21 electronically and in print on subjects connected with agriculture, including 22 community seed libraries under AS 03.20.120; 23 (2) control and regulate the entry and transportation of seeds, plants, 24 and other horticultural products; 25 (3) control and eradicate the spread of pests injurious to plants, trees, 26 vegetables, livestock, poultry; 27 (4) aid in developing used and unused agricultural resources; and 28 (5) experiment and determine practical methods of growing, 29 processing, soil analysis, eradication of obnoxious weeds, control of insects, and 30 cheaper and more satisfactory methods of land clearing. 31 * Sec. 7. AS 44.37.030 is amended by adding a new subsection to read:

01 (b) The Department of Natural Resources may 02 (1) advise persons who establish or operate a community seed library 03 under AS 03.20.120; and 04 (2) post on the department's Internet website and annually update the 05 following: 06 (A) information about noncommercial giving or exchanging of 07 seed, including information about community seed libraries under 08 AS 03.20.120, seed library locations, seed library facilitators, and best 09 practices for noncommercial giving or exchanging of seed; 10 (B) an online registration form for a person involved in 11 noncommercial giving or exchanging of seed to submit to the department for 12 publication, without a fee, information under AS 03.20.140; 13 (C) information provided for publication under (B) of this 14 paragraph.