BILL ANALYSIS Ó AB 264 Page 1 Date of Hearing: April 29, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 264 (Dahle) - As Amended April 21, 2015 ----------------------------------------------------------------- |Policy |Agriculture |Vote:|10 - 0 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: No SUMMARY: This bill removes flower, agricultural, and vegetable seeds not purchased from a producer from the farm products regulated by the Department of Food and Agriculture's (DFA) Market Enforcement Branch (MEB) under the Producer Dealers Act, and instead consolidates the regulation of those seeds under the Seed Services Program (SSP) within the California Seed Law. As a result, enforcement of financial terms and unfair practices for the sale of seeds will be mediated by SSP and not MEB. FISCAL EFFECT: AB 264 Page 2 Minor and absorbable costs to DFA; potential loss of fee revenue to MEB of up to $68,000 from seed dealers who no longer need to be licensed under the Producer Dealers Act. COMMENTS: 1)Purpose. The California Seed Law was enacted to ensure agricultural and vegetable seed is properly and accurately identified on the product label, and that it meets certain quality standards for germination, variety, and species. According to the author, there has been growing confusion over which seed transactions are subject to MEB oversight and which are exempt. MEB oversight of certain transactions has required some seed dealers to register and obtain licenses from MEB under the Producer Dealers Act. The author contends that AB 264 will harmonize all seed transactions and clarify they are governed solely by state and federal seed laws, and not subject to the oversight and fees of the MEB. Funding for the seed program is supported through industry seed assessments and registration fees and is administered by DFA. 2)Seedy Dealings. The Market Enforcement Branch currently has regulatory and fee authority over a broad range of agricultural products. MEB enforces, among other things, laws to protect against unfair business practices between those who grow, package, and process California farm products. MEB attempts to ensure farmers who sell their products to California handlers and processors have adequate protections to ensure they are properly paid. Though seed dealings will still be regulated by the SSP under this bill, exempting all seeds from MEB's jurisdiction may leave farmers of these AB 264 Page 3 products without the same protections provided to other agricultural producers. Analysis Prepared by:Joel Tashjian / APPR. / (916) 319-2081