AB 1810, as introduced, Levine. California Seed Law: exclusions: seed microenterprises and noncommercial seed sharing.
The California Seed Law (the seed law) regulates seed sold in California, and generally requires agricultural and vegetable seed that is sold in the state to be labeled in accordance with specified provisions. Specified penalties are prescribed for violating the provisions of the seed law.
This bill would exclude from the labeling requirements of the seed law seed distributed through noncommercial seed sharing activities, and would also exclude seed sold by a seed microenterprise, which would be defined as a person or farm that grows and sells up to $5,000 annually of agricultural, flower, or vegetable seed. The bill would revise applicable penalty provisions to exclude a seed microenterprise that sells only untreated and uncertified seed, and the collection, storage, or distribution of agricultural, flower, or vegetable seed for noncommercial purposes. The bill would also define the term “sell” for purposes of the seed law, and would state that the Legislature declares that the seed law is not intended to regulate seed microenterprises or noncommercial seed sharing, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 52258.1 is added to the Food and
2Agricultural Code, to read:
“Seed microenterprise” means any person or farm
4that grows and sells within this state up to five thousand dollars
5($5,000) annually of agricultural, flower, or vegetable seed.
Section 52258.2 is added to the Food and Agricultural
7Code, to read:
“Sell” includes to offer, expose, or possess for sale,
9and to commercially exchange, barter, or trade.
Section 52288 of the Food and Agricultural Code is
11amended to read:
The Legislature hereby declares that it is the intent of
13this chapter to enable the seed industry, with the aid of the state,
14to ensure that seed purchased by the consumer-buyer is properly
15identified and of the quality and amount represented on the tag or
16label. The Legislature further declares that the success of
17agriculture and the seed industry in this state depends upon the
18continued commitment to industry-funded research in order to
19improve the quality and variety of seed available to the
20consumer-buyer.begin insert The Legislature further declares that this chapter
21is not intended to regulate seed microenterprises or noncommercial
22seed sharing, including through seed libraries, seed exchanges,
23or other informal and formal noncommercial seed sharing
24activities. end insert
Section 52311 of the Food and Agricultural Code is
26amended to read:
A person is not subject to the penaltiesbegin delete whichend deletebegin insert thatend insert are
28prescribed by this chapter in any of the following cases:
29(a) For selling in this state any agricultural or vegetable seed
30begin delete whichend deletebegin insert thatend insert is incorrectly labeled or represented as to kind, variety,
31or type, whichbegin delete seedend delete cannot be identified
by examination of it,
32unlessbegin delete heend deletebegin insert
the personend insert has failed to obtain an invoice or grower’s
33declarationbegin delete whichend deletebegin insert thatend insert gives the commonly accepted name of the
34kind, kind and variety, or kind and type, and to takebegin delete suchend delete other
P3 1precautions as may be necessary to insure the identity to be that
2which is stated.
3(b) As to any matterbegin delete whichend deletebegin insert thatend insert is required by Article 8
4(commencing with Section begin delete52451) of this chapter,end deletebegin insert
52451),end insert for
5sellingbegin delete suchend deletebegin insert theend insert seed in original unopened sealed packagesbegin delete whichend delete
6begin insert thatend insert are fully labeled by another dealer, unlessbegin delete heend deletebegin insert the personend insert has
7failed to havebegin delete suchend deletebegin insert theend insert seed retested and relabeled as to the
8percentage
of germination within the periodbegin delete whichend deletebegin insert
thatend insert is
9prescribed by Section 52481, or unlessbegin delete heend deletebegin insert the personend insert has failed to
10correct the label after notice thatbegin delete suchend deletebegin insert theend insert label has been found to
11be incorrect.
12(c) For shipping, delivering, transporting, or selling within this
13state any agricultural or vegetable seedbegin delete whichend deletebegin insert thatend insert has a false
14labeling as to percentage of germination or hard
seeds, unlessbegin delete heend delete
15begin insert
the personend insert has first been given an opportunity by thebegin delete directorend delete
16begin insert
secretaryend insert to be heard. This exemption does not, however, relieve
17any person from the obligation, upon order of an enforcement
18official, to stop further sale of any seedbegin delete whichend deletebegin insert thatend insert is found to be
19incorrectly labeled as to germination, nor does it exempt such seed
20from seizure pursuant to this chapter.
21(d) For operating a seed microenterprise that sells only
22untreated and uncertified seed.
23(e) For collecting, storing, or distributing in this state any
24labeled or unlabeled agricultural, flower, or vegetable seed for
25noncommercial purposes.
Section 52451 of the Food and Agricultural Code is
27amended to read:
This article does not apply to any of the following:
29(a) Seed or grain that is not intended for sowing purposes.
30(b) Seed that is in storage in, or consigned to, a seed cleaning
31or conditioning establishment for cleaning or conditioning.
32(c) Seed or grain that is transported without transfer of title for
33sowing on land that is owned by the person by whom the seed or
34grain was produced.
35(d) Seed that is weighed and packaged in the presence of the
36purchaser from a bulk container, if the container is properly and
37conspicuously labeled as provided by this
chapter.
38(e) Seed or grain that is transported from one warehouse to
39another without transfer of title or in storage in a warehouse, if
40each container is plainly marked or identified with a lot number
P4 1or other lot identification and the label information that is required
2by this article is available at the request of an enforcing officer.
3(f) Seed distributed in the state through formal or informal
4noncommercial seed sharing activities, including, but not limited
5to, seed libraries and seed exchanges.
6(g) Seed sold by a seed microenterprise.
end insertSection 52486 of the Food and Agricultural Code is
8amended to read:
Sections 52481, 52482, and 52484 of this article do not
10apply to anybegin insert of the following:end insert
11begin insert(a)end insertbegin insert end insertbegin insertAnyend insert common carrier in respect to any seedbegin delete whichend deletebegin insert thatend insert is
12transported or delivered for transportation in the ordinary course
13of its business as a carrier ifbegin delete suchend deletebegin insert
theend insert carrier is not engaged in
14conditioning or merchandising seedbegin delete whichend deletebegin insert thatend insert is subject to the
15provisions of this chapter.
16(b) A seed microenterprise that sells only untreated and
17uncertified seed.
18(c) Noncommercial seed sharing.
end insertO
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