BILL NUMBER: SB 171	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Rubio

                        FEBRUARY 5, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   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 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) 
    (1)   Commonly   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) 
    (2)   Lot   The lot  number or
other lot identification. 
    (c) 
    (3)   Percentage   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) 
    (5)   Percentage   The percentage
 by weight of any agricultural seed except that which is
required to be named on the label. 
    (f) 
    (6)   Percentage   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) 
    (8)  Name   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.
    (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.