SB 171, as introduced, Rubio. California Seed Law.
Existing law, the California Seed Law, regulates seed sold in California, and requires each container of seed that is sold within this state for sowing purposes to be labeled, 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 52256.5 of the Food and Agricultural
2Code is amended to read:
“Person” also means any individual, partnership,
2 trust association, cooperative association, or any other
3business unit or organization.
Section 52288 of the Food and Agricultural Code is
5amended to read:
The Legislature hereby declares that it is the intent of
7this chapter to enable the seed industry, with the aid of the state,
8to ensure that seed purchased by the consumer-buyer is properly
9identified and of the quality represented on the tag or
10label. The Legislature further declares that the success of
11agriculture and the seed industry in this state depends upon the
12continued commitment to
begin delete industry fundedend delete research
13in order to improve the quality and variety of seed available to the
Section 52452 of the Food and Agricultural Code is
16amended to read:
Except as otherwise provided in Section 52454,
18each container of agricultural seed
begin delete whichend delete is for sale or sold
19within this state for sowing purposes, unless the sale is an
20occasional sale of seed grain by the producer of the seed grain to
21his neighbor for use by the purchaser within the county of
22production, shall bear upon it or have attached to it in a
23conspicuous place a plainly written or printed label or tag in the
begin delete language, which givesend delete all of the
26 (a)end delete
begin delete Commonlyend delete accepted name of the kind, kind
28and variety, or kind and type of each agricultural seed component
29in excess of 5 percent of the whole, and the percentage by weight
30of each. If the aggregate of agricultural seed components, each
31present in an amount not exceeding 5 percent of the whole, exceeds
3210 percent of the whole, each component in excess of 1 percent
33of the whole shall be named together with the percentage by weight
34of each. If more than one component is required to be named, the
35names of all components shall be shown in letters of the same type
37 (b)end delete
begin delete Lotend delete number or other lot identification.
39 (c)end delete
begin delete Percentageend delete by weight of all weed seeds.
P3 1 (d)end delete
2 The name and approximate number of each kind of restricted
3noxious weed seed per pound.
4 (e)end delete
begin delete Percentageend delete by weight of any agricultural
6seed except that which is required to be named on the label.
7 (f)end delete
begin delete Percentageend delete by weight of inert matter. If a
9percentage by weight is required to be shown by any provision of
begin delete section suchend delete percentage shall be exclusive of any
begin delete whichend delete is added to the seed as a coating and shown
12on the label as such.
13 (g)end delete
14 For each agricultural
begin delete seed,end delete in excess of 5 percent of
15the whole, stated in accordance with
begin delete subdivision (a) of this section,end delete
16 the percentage of
begin delete germination,end delete
17 exclusive of hard
begin delete seed;end delete the percentage of hard seed, if begin delete present;end delete
18 and the calendar month and year the test was completed
begin delete suchend delete percentages. Following the statement of begin delete suchend delete
20 percentages, the additional statement “total germination and
21hard seed” may be
begin delete stated as such, if desired.end delete
22 (h)end delete
begin delete Nameend delete and address of the person begin delete thatend delete labeled
begin delete seed,end delete or of the person begin delete thatend delete sells the seed within this
26 All determinations of noxious weed seeds are subject to
27tolerances and methods of determination
begin delete which areend delete prescribed in
begin delete whichend delete are adopted pursuant to this chapter.