BILL NUMBER: AB 2470	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Salas

                        FEBRUARY 21, 2014

   An act to amend Sections 52256.5, 52288, and 52452 of the Food and
Agricultural Code, relating to seed.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2470, as introduced, Salas. California Seed Law.
   Existing law, the California Seed Law, regulates seed sold in
California, and requires each container of agricultural seed that is
for sale or sold within this state for sowing purposes to be labeled,
as specified, unless the sale is an occasional sale of seed grain by
the producer of the seed grain to his neighbor for use by the
purchaser within the county of production. Existing law defines
"person" for purposes of that law to mean an individual, partnership,
trust association, cooperative association, or any other business
unit or organization.
   This bill would clarify that definition of "person" to include
corporations. The bill would also clarify the term "neighbor" for
purposes of the labeling requirements specified above to mean a
person who lives in close proximity, not to exceed 3 miles, to
another. The bill would revise a statement of legislative intent to
include ensuring that the amount of seed represented on a tag or
label is properly identified.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 52256.5 of the Food and Agricultural Code is
amended to read:
   52256.5.  "Person" also means any individual, partnership, 
corporation,  trust association, cooperative association, or any
other business unit or organization.
  SEC. 2.  Section 52288 of the Food and Agricultural Code is amended
to read:
   52288.  The Legislature hereby declares that it is the intent of
this chapter to enable the seed industry, with the aid of the state,
to ensure that seed purchased by the consumer-buyer is properly
identified and of the quality  and amount  represented on
the tag or label. The Legislature further declares that the success
of agriculture and the seed industry in this state depends upon the
continued commitment to  industry funded  
industry-funded  research in order to improve the quality and
variety of seed available to the consumer-buyer.
  SEC. 3.  Section 52452 of the Food and Agricultural Code is amended
to read:
   52452.   (a)    Except as otherwise provided in
Section 52454, each container of agricultural seed  which
  that  is for sale or sold within this state for
sowing purposes, unless the sale is an occasional sale of seed grain
by the producer of the seed grain to his  or her  neighbor
for use by the purchaser within the county of production, shall bear
upon it or have attached to it in a conspicuous place a plainly
written or printed label or tag in the English  language,
which gives   language that includes  all of the
following information: 
    (a) Commonly 
    (1)     The commonly  accepted name of
the kind, kind and variety, or kind and type of each agricultural
seed component in excess of 5 percent of the whole, and the
percentage by weight of each. If the aggregate of agricultural seed
components, each present in an amount not exceeding 5 percent of the
whole, exceeds 10 percent of the whole, each component in excess of 1
percent of the whole shall be named together with the percentage by
weight of each. If more than one component is required to be named,
the names of all components shall be shown in letters of the same
type and size. 
    (b) Lot 
    (2)     The lot  number or other lot
identification. 
    (c) Percentage 
    (3)     The percentage  by weight of
all weed seeds. 
    (d)
    (4)  The name and approximate number of each kind of
restricted noxious weed seed per pound. 
    (e) Percentage 
    (5)     The percentage  by weight of
any agricultural seed except that which is required to be named on
the label. 
    (f) Percentage 
    (6)     The percentage  by weight of
inert matter. If a percentage by weight is required to be shown by
any provision of this  section such   section,
that  percentage shall be exclusive of any substance 
which   that  is added to the seed as a coating and
shown on the label as such. 
    (g) 
    (7)  For each agricultural  seed,  
seed  in excess of 5 percent of the whole, stated in accordance
with  subdivision (a) of this section,  
paragraph (1),  the percentage of  germination,
  germination  exclusive of hard  seed;
  seed,  the percentage of hard seed, if 
present;   present,  and the calendar month and
year the test was completed to determine  such  
the  percentages. Following the statement of  such
  those  percentages, the additional statement
"total germination and hard seed" may be  stated as such, if
desired.   stated.  
    (h) Name 
    (8)     The name  and address of the
person  that   who  labeled the 
seed,   seed  or of the person  that
  who  sells the seed within this state. 
    All 
    (b)    All  determinations of noxious
weed seeds are subject to tolerances and methods of determination
 which are  prescribed in the regulations 
which   that  are adopted pursuant to this chapter.

   (c) For purposes of this section, "neighbor" means a person who
lives in close proximity, not to exceed three miles, to another.