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