BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2470
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          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
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          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
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          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