Amended in Senate April 8, 2013

Senate BillNo. 171


Introduced by Senatorbegin delete Rubioend deletebegin insert Huesoend insert

February 5, 2013


An act to amendbegin delete Sections 52256.5, 52288, and 52452 of the Food and Agriculturalend deletebegin insert Section 33139 of the Waterend insert Code, relating tobegin delete seedend deletebegin insert drainageend insert.

LEGISLATIVE COUNSEL’S DIGEST

SB 171, as amended, begin deleteRubioend delete begin insertHuesoend insert. California Seed Law.

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The County Water District Law governs the operations of the Coachella Valley County Water District. The County Water District Law authorizes a district to drain and reclaim lands within the district either by surface or underground works or both and to acquire, by appropriation or other lawful means, and divert, store, conserve, transport, or dispose of water resulting from these activities. Under existing law, the district is authorized to raise funds by special assessment on benefited land in proportion to the benefits derived by the benefited lands, as prescribed.

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Article XIII C and Article XIII D of the California Constitution generally require that assessments, fees, and charges be submitted to property owners for approval or rejection after the provision of written notice and the holding of a public hearing. Existing law, the Proposition 218 Omnibus Implementation Act, prescribes specific procedures and parameters for local jurisdictions to comply with Article XIII C and Article XIII D of the California Constitution.

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This bill would specify that the district is authorized to raise funds by special assessment pursuant to the Proposition 218 Omnibus Implementation Act, or by adopting prescribed property related fees and charges.

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 33139 of the end insertbegin insertWater Codeend insertbegin insert is amended to
2read:end insert

3

33139.  

Notwithstanding anything contained in this part, the
4surviving district may provide for and carry on the construction,
5operation, and maintenance of works, improvements, and functions
6authorized by the Storm Water District Act of 1909 either as
7authorized in that act or as authorized by this division. The district
8may raise funds for these purposes in any manner authorized or
9permitted by either the Storm Water District Act of 1909 or this
10division, and is specifically authorized to raise funds by special
11assessment on benefited land in proportion to the benefits derived
12by thebegin delete benefitedend deletebegin delete lands.end deletebegin insert benefitedend insertbegin insert lands pursuant to Section 53753
13of the Government Code, or by adopting fees and charges pursuant
14to Section 6 of Article XIII D of the California Constitution.end insert

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SECTION 1.  

Section 52256.5 of the Food and Agricultural
16Code
is amended to read:

17

52256.5.  

“Person” also means any individual, partnership,
18corporation, trust association, cooperative association, or any other
19business unit or organization.

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SEC. 2.  

Section 52288 of the Food and Agricultural Code is
2amended to read:

3

52288.  

The Legislature hereby declares that it is the intent of
4this chapter to enable the seed industry, with the aid of the state,
5to ensure that seed purchased by the consumer-buyer is properly
6identified and of the quality and amount represented on the tag or
7label. The Legislature further declares that the success of
8agriculture and the seed industry in this state depends upon the
9continued commitment to industry-funded research in order to
10improve the quality and variety of seed available to the
11consumer-buyer.

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SEC. 3.  

Section 52452 of the Food and Agricultural Code is
13amended to read:

14

52452.  

(a) Except as otherwise provided in Section 52454,
15each container of agricultural seed that is for sale or sold within
16this state for sowing purposes, unless the sale is an occasional sale
17of seed grain by the producer of the seed grain to his or her
18neighbor for use by the purchaser within the county of production,
19shall bear upon it or have attached to it in a conspicuous place a
20plainly written or printed label or tag in the English language that
21includes all of the following information:

22 (1)  The commonly accepted name of the kind, kind and variety,
23or kind and type of each agricultural seed component in excess of
245 percent of the whole, and the percentage by weight of each. If
25the aggregate of agricultural seed components, each present in an
26amount not exceeding 5 percent of the whole, exceeds 10 percent
27of the whole, each component in excess of 1 percent of the whole
28shall be named together with the percentage by weight of each. If
29more than one component is required to be named, the names of
30all components shall be shown in letters of the same type and size.

31 (2)  The lot number or other lot identification.

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

33 (4) The name and approximate number of each kind of restricted
34noxious weed seed per pound.

35 (5)  The percentage by weight of any agricultural seed except
36that which is required to be named on the label.

37 (6)  The percentage by weight of inert matter. If a percentage
38by weight is required to be shown by any provision of this section,
39that percentage shall be exclusive of any substance that is added
40to the seed as a coating and shown on the label as such.

P4    1 (7) For each agricultural seed in excess of 5 percent of the
2whole, stated in accordance with paragraph (1), the percentage of
3germination exclusive of hard seed, the percentage of hard seed,
4if present, and the calendar month and year the test was completed
5to determine the percentages. Following the statement of those
6percentages, the additional statement “total germination and hard
7seed” may be stated.

8 (8)  The name and address of the person who labeled the seed
9or of the person who sells the seed within this state.

10 (b)  All determinations of noxious weed seeds are subject to
11tolerances and methods of determination prescribed in the
12regulations that are adopted pursuant to this chapter.

13(c) For purposes of this section, “neighbor” means a person who
14lives in close proximity, not to exceed three miles, to another.

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