Amended in Senate June 11, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2470

Introduced by Assembly Member Salas

February 21, 2014

An act to amend Sections 52256.5, 52288, begin insert 52332, end insert and 52452 begin delete of end delete begin insert of, and to add Section 52334 to, end insert the Food and Agricultural Code, relating to seed.

LEGISLATIVE COUNSEL’S DIGEST

AB 2470, as amended, 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 begin delete that law end delete begin insert the California Seed Law end insert 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.

begin insert

Existing law authorizes the Secretary of Food and Agriculture, by regulation, to adopt a list of plants and crops that the secretary finds are or may be grown in this state from agricultural or vegetable seed.

end insert begin insert

This bill would instead authorize the secretary, by regulation, to adopt a list of plants and crops that the secretary finds are or may be grown in this state from any seed. The bill would also prohibit a city, county, or district, including a charter city or county, from adopting or enforcing an ordinance on or after January 1, 2015, that regulates plants, crops, or seeds without the consent of the secretary. The bill would make other nonsubstantive changes.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . 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 research in order to
improve the quality and variety of seed available to the
consumer-buyer.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 52332 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

52332.  

The secretary, by regulation, may adopt all of the
following:

(a) A list of the plants and crops that the secretary finds are or
may be grown in this begin delete state from agricultural or vegetable seed. end delete
begin insert state. end insert

(b) A list of the plants and crops that the secretary finds are
detrimental to agriculture if they occur incidentally in other crops,
and which, therefore, are classed as weed seed except if sold alone
or as a specific constituent of a definite seed mixture.

(c) A list of noxious weed seed that the secretary finds are
prohibited noxious weed seed, as defined in this chapter.

(d) A list of those noxious weed seed that are not classified as
prohibited noxious weed begin delete seed, and which, therefore, end delete begin insert seed and end insert are
begin delete classed end delete begin insert classified end insert by this chapter as restricted noxious weed seed.

(e) A list of substances that are likely to be used for treating
grain or other crop begin delete seed, which end delete begin insert seed that end insert the secretary finds and
determines are toxic to human beings or animals if begin delete so end delete used, begin delete together
with end delete begin insert and end insert an appropriate warning or caution statement for each
begin delete such end delete substance.

(f)  begin insert (1) end insert begin insert   end insert Establish methods and procedures, upon the
recommendation of the board, for the conciliation, mediation, or
arbitration of disputes between labelers and any persons concerning
conformance with label begin delete statements , end delete begin insert statements, end insert advertisements,
or other disputes regarding the quality or performance of seed.
The methods and procedures shall be a mandatory prerequisite to
pursuing other dispute resolution mechanisms, including, but not
limited to, litigation. However, if conciliation, mediation, or
arbitration proceedings are commenced under this section to resolve
a controversy, the statute of limitations that applies to a civil action
concerning that controversy is tolled upon commencement of
conciliation, mediation, or arbitration proceedings, and until 30
days after the completion of those proceedings. As used in this
subdivision, “completion of those proceedings” means the filing
of a statement of agreement or nonagreement by the conciliator
or mediator, or the rendering of a decision by an arbitrator or
arbitration committee.

begin delete

Conciliation,

end delete

begin insert (2) end insert begin insert   end insert begin insert Conciliation, end insert mediation, or arbitration shall not affect any
enforcement action by the secretary pursuant to this chapter.
Regulations adopted by the secretary for the mandatory
conciliation, mediation, or arbitration of disputes shall require that
adequate notice be provided on the seed label notifying any buyer
of the requirement to submit a dispute to mandatory conciliation,
mediation, or arbitration as a prerequisite to other dispute resolution
mechanisms, including litigation.

(g) Establish additional labeling requirements for coated,
pelleted, encapsulated, mat, tape, or any other germination medium
or device used on begin delete agricultural or vegetable end delete seed in order that the
purchaser or consumer will be informed as to the actual amount
of seed purchased.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 52334 is added to the end insert begin insert Food and Agricultural
Code end insert begin insert , to read: end insert

begin insert

begin insert 52334. end insert   

Notwithstanding any other law, on and after January
1, 2015, a city, county, or district, including a charter city or
county, shall not adopt or enforce an ordinance that regulates
plants, crops, or seeds without the consent of the secretary. An
ordinance enacted before January 1, 2015, shall be considered
part of the comprehensive program of the department and shall
be enforceable.

end insert

begin delete SEC. 3. end delete
begin insert SEC. 5. end insert   

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 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 that
includes all of the following information:

(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.

(2) The lot number or other lot identification.

(3) The percentage by weight of all weed seeds.

(4) The name and approximate number of each kind of restricted
noxious weed seed per pound.

(5) The percentage by weight of any agricultural seed except
that which is required to be named on the label.

(6) The percentage by weight of inert matter. If a percentage
by weight is required to be shown by any provision of this section,
that percentage shall be exclusive of any substance that is added
to the seed as a coating and shown on the label as such.

(7) For each agricultural seed in excess of 5 percent of the
whole, stated in accordance with paragraph (1), the percentage of
germination exclusive of hard seed, the percentage of hard seed,
if present, and the calendar month and year the test was completed
to determine the percentages. Following the statement of those
percentages, the additional statement “total germination and hard
seed” may be stated.

(8) The name and address of the person who labeled the seed
or of the person who sells the seed within this state.

(b) All determinations of noxious weed seeds are subject to
tolerances and methods of determination prescribed in the
regulations 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.