BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1399|
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CONSENT
Bill No: SB 1399
Author: Galgiani (D)
Amended: 3/26/14
Vote: 21
SENATE AGRICULTURE COMMITTEE : 5-0, 4/1/14
AYES: Galgiani, Cannella, Berryhill, Lieu, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Agricultural seed: county seed enforcement
subventions
SOURCE : California Seed Association
DIGEST : This bill extends the operation and repeal dates for
provisions of the California Seed Law (CSL), including an annual
county subvention for enforcement activities necessary to carry
out these provisions, until July 1, 2019, and January 1, 2020,
respectively. This bill deletes the provisions establishing a
method of calculating apportionments based on units of activity,
and instead requires the amount of the subvention designated to
each participating county to be established in a memorandum of
understanding between the county agricultural commissioner and
the Secretary of the Department of Food and Agriculture (DFA),
in consultation with the Seed Advisory Board.
ANALYSIS : Existing law establishes the CSL to ensure that
agricultural and vegetable seed is properly and accurately
identified on the product label. Seed is analyzed through the
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Seed Services Program administered by DFA. The CSL is locally
enforced by county agricultural commissioners who enter into
cooperative agreements with the Secretary of DFA and agree to
maintain a statewide compliance level on all seed sold in the
county. In return, county agricultural commissioners receive
annual subvention payments for expenses incurred in association
with approved enforcement work plans.
This bill:
1. Extends from July 1, 2016, to July 1, 2019, the inoperative
date, and from January 1, 2017, to January 1, 2020, the
repeal date, of an optional county subvention program for
enforcement activities of provisions of the CSL.
2. Repeals the formula used to calculate the reimbursement of
subvention funds to county agricultural commissioners for
work performed enforcing the CSL.
3. Authorizes the Secretary of DFA, in consultation with the
Seed Advisory Board, to determine the subvention fund
distribution formula.
4. Allows for multi-year memorandums of understanding between
county agricultural commissioners and DFA.
Background
Funding for the CSL is entirely supported through industry seed
assessments and registration fees and is administered by DFA.
Every labeler of agricultural or vegetable seed offered for sale
in California, or any person who sells that seed in this state,
must annually register as a seed labeler and pay an annual fee
of $40. In addition, those who are registered seed labelers
must also pay an assessment capped at 40 cents per $100 gross
annual dollar volume sales. The Secretary of DFA is required to
determine the rate of assessment, not to exceed the DFA's cost
of carrying out these provisions.
DFA allocates $120,000 for subvention payments among all
counties for costs incurred by enforcement of the CSL. At the
discretion of the Secretary of DFA and upon recommendation of
the Seed Advisory Board, counties with no registered seed
labelers may receive $100 annually. Agricultural commissioners
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in counties with registered seed labelers receive subventions
based upon the volume of work performed.
Related Legislation
SB 348 (Galgiani, Chapter 385, Statutes of 2013) extends to
January 1, 2017, the operation of provisions of the CSL,
including a subvention program.
AB 1255 (T. Berryhill, Chapter 281, Statutes of 2009) extends to
January 1, 2015, the operation of provisions of the CSL,
including a subvention program.
AB 856 (Galgiani, Chapter 425, Statutes of 2008) extends to
January 1, 2010, the operation of provisions of the CSL,
including a subvention program. Provides that the minimum $100
subvention may not be allocated to counties without registered
seed labelers.
AB 315 (Salinas, Chapter 394, Statutes of 2003) requires the
Secretary of DFA to pay a total annual subvention to counties of
$120,000; extends to July 1, 2009, the operation of provisions
in the CSL.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 4/29/14)
California Seed Association (source)
California Agricultural Commissioners and Sealers Association
Rural County Representatives of California
ARGUMENTS IN SUPPORT : According to the author's office, this
bill is necessary for the continued allocation of
industry-derived subvention funds to counties for the
enforcement of the CSL. These payments provide county
agricultural commissioners the ability to perform local seed
inspection and enforcement services to ensure that seed sold in
California is properly and accurately identified on the product
label. Without this subvention, it is unlikely that the CSL
would be enforced in a cost-effective manner.
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JL:d 4/30/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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