BILL NUMBER: AB 1080	CHAPTERED  09/04/03

	CHAPTER  282
	FILED WITH SECRETARY OF STATE  SEPTEMBER 4, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 3, 2003
	PASSED THE ASSEMBLY  AUGUST 21, 2003
	PASSED THE SENATE  JULY 21, 2003
	AMENDED IN SENATE  JULY 15, 2003
	AMENDED IN ASSEMBLY  MAY 5, 2003

INTRODUCED BY   Committee on Agriculture (Matthews (Chair), Maldonado
(Vice Chair), Berg, Cogdill, Maddox, Maze, Oropeza, Parra, Reyes,
Salinas, Vargas, and Wiggins)

                        FEBRUARY 20, 2003

   An act to amend Section 52482 of, and to add Section 52489 to, the
Food and Agricultural Code, relating to agriculture.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1080, Committee on Agriculture.  California Seed Law:
violation of federal plant law.
   Existing law known as the California Seed Law, among other things,
seeks to ensure the quality and variety of seed available to the
consumer-buyer, as specified.  A violation of any of these provisions
is generally a misdemeanor.
   This bill would provide, in addition, that a violation of
specified provisions of the United States Plant Variety Protection
Act is a violation of the California Seed Law.  By creating a new
crime, this bill would impose a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 52482 of the Food and Agricultural Code is
amended to read:
   52482.  Except as otherwise provided in Section 52486, it is
unlawful for any person to ship, deliver, transport, or sell any
agricultural or vegetable seed within this state which is within any
of the following classes:
   (a) Is not labeled in accordance with the provisions of this
chapter.  This subdivision does not, however, apply to any seed which
is described in Section 52451.
   (b) Contains prohibited noxious weed seed, subject to tolerances
and methods of determination prescribed in the regulations which are
adopted pursuant to this chapter.  This subdivision does not,
however, apply to any of the seed which is described in subdivisions
(a) or (b) of Section 52451.
   (c) Has a false or misleading labeling, or pertaining to which
there has been a false or misleading advertisement.
   (d) Is represented to be certified seed or registered seed, unless
it has been produced and labeled in accordance with the procedures
and in compliance with the rules and regulations of a seed-certifying
agency which is officially recognized under the provisions of this
chapter, if produced in this state, or under the provisions of the
Federal Seed Act (7 U.S.C., Sec. 1551, et seq.), as enacted, and
rules and regulations which are adopted pursuant to that act, if
produced outside of this state.
   (e) Contains more than 11/2 percent by weight of all weed seeds.
This subdivision does not, however, apply to any seed which is
described in subdivision (a),(b), or (c) of Section 52451.
   (f) To sell, by variety name, seed not certified by an official
seed certifying agency when it is a variety for which a certificate
of plant variety protection under the United States Plant Variety
Protection Act (84 Stats 1542; 7 U.S.C. Sec. 2321, et seq.) specifies
sale only as a class of certified seed, except that seed from a
certified lot may be labeled as to variety name when used in a
mixture by, or with the written approval of the owner of the variety.

  SEC. 2.  Section 52489 is added to the Food and Agricultural Code,
to read:
   52489.  It is unlawful for any person to violate the provisions of
the United States Plant Variety Protection Act contained in Part J
(commencing with Section 2531), Part K (commencing with Section
26510), or Part L (commencing with Section 2561) of Subchapter III of
Chapter 57 of Title 7 of the United States Code, as enacted.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.