BILL ANALYSIS Ó AB 2470 Page 1 Date of Hearing: April 30, 2014 ASSEMBLY COMMITTEE ON AGRICULTURE Susan Talamantes Eggman, Chair AB 2470 (Salas) - As Introduced: February 21, 2014 SUBJECT : California Seed Law. SUMMARY : Adds "corporation" to the definition of a "person"; defines "neighbor", for the purposes of this section, to mean a person living in close proximity, not to exceed three miles, to another; and, makes technical wording changes to the California Seed Law (CSL). EXISTING LAW requires every labeler of specified seeds for sale or that is sold in this state, or persons receiving or possessing seeds for sale or that sells in this state, to annually register with the California Department of Food and Agriculture (CDFA), except as provided, and to pay an annual assessment that funds the activities of this law. Specifies labeling requirements for seed sold, except to neighbors within the county of production, and requires that regulations be adopted for germination standards, enforcement tolerances and examination procedures, sampling methods, schedule of fees, and other such regulations that assist in carrying out the provisions of this law. These regulations are required to be as near as practicable to the Federal Seed Act. FISCAL EFFECT : None. Legislative Counsel has keyed this bill non-fiscal. COMMENTS : This bill is the same as SB 1187 (Rubio) of the 2011-12 Session, which died on the Assembly Inactive File, November 30, 2012. SB 1187 passed the Assembly Agriculture Committee on a 9-0 vote, but was held due to county agricultural commissioners raising concerns over the definition of a neighbor. The intent of AB 2470 is to clarify and update CSL, based upon the suggestions of the seed industry trade association and the Seed Advisory Board (Board), which reviewed the codes, and determined that these changes were necessary for the proper enforcement of the seed laws, and to clarify the legislative intent of the statute. AB 2470 Page 2 Current statute permits certain exceptions to the labeling requirement of seed for sale, including the occasional sale of seed grain by a producer to his or her neighbor for use within the county of production. The committee may wish to clarify that the definition of a "neighbor" is a person within the county of production that lives within three miles. The CSL was created in 1967 to ensure product accuracy for seeds and seed labeling. In 1973, the Board was created and charged with enforcing standards in the seed industry, with the industry covering the costs of the program. These standards provide consumer protection by providing germination and purity requirements and labeling standards for each package. RELATED LEGISLATION : AB 1399 (Galgiani) of the 2013-14 Session, would extend the operation and repeal dates for provisions of CSL, including an annual county subvention for enforcement activities necessary to carry out these provisions, until July 1, 2019 and January 1, 2020, respectively; gives greater discretion to CDFA, in consultation with the Board, to determine the formula used to reimburse county agriculture commissioners (CAC) for their work enforcing CSL; and, would allow for multi-year memorandums of understanding between CAC and CDFA. This bill passed the Senate Agriculture Committee on a 5-0 vote and is set to be heard in the Senate Appropriations Committee, April 28, 2014. PREVIOUS LEGISLATION : SB 348 (Galgiani), Chapter 385, Statutes of 2013, extended the provisions and repeal dates of CSL and county subventions, until July 1, 2016, and January 1, 2017, respectfully. SB 1187 (Rubio), died November 30, 2012, on the Assembly Inactive File, added "corporation" to the definition of a "Person;" reworded statute, making technical and conforming changes; and, defined, for the purpose of this section, a "neighbor" as a person living in close proximity, not to exceed three miles, to another. AB 1255 (Tom Berryhill), Chapter 281, Statutes of 2009, extended, from January 1, 2010 to January 1, 2015, the repeal of the authority for state administration cost recovery and county subventions for enforcement provisions of CSL, for county activities pertaining to seed labelers, and for statewide compliance by counties for all seed produced within a county. AB 2470 Page 3 SB 1280 (Maldonado), Chapter 399, Statutes of 2008, changed the makeup of the 11 member Board from nine labelers and two public members to seven labelers, two individuals receiving or possessing seed for sale in California, and two public members. In addition, this bill clarifies that all agriculture or vegetable seed labelers must annually register with CDFA to sell seed in California. AB 1598 (Committee on Agriculture), Chapter 499, Statutes of 2006, the Committee Omnibus bill, among other provisions, permitted vegetable seed labels for packages of one-half pound or less to use the terms "Packed for (year) season" or "Sell By (month) (year)" to meet seed viability labeling requirements. AB 3024 (Committee on Agriculture), Chapter 459, Statutes of 2004, provided CDFA the discretion to determine what enforcement activities are to be conducted by CACs and CDFA, regarding the enforcement of CSL. REGISTERED SUPPORT / OPPOSITION: Support California Seed Association Opposition None on file. Analysis Prepared by : Jim Collin / AGRI. / (916) 319-2084