Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1810

Introduced by Assembly Member Levine

February 8, 2016

An act to amend Sections 52288, 52311, 52451, begin insert 52452, 52453, end insert and 52486 of, and to add Sections begin delete 52258.1 and 52258.2 end delete begin insert 52258.1, 52258.2, and 52453.5 end insert to, the Food and Agricultural Code, relating to seed.

LEGISLATIVE COUNSEL’S DIGEST

AB 1810, as amended, 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 begin delete exclude end delete begin insert set forth separate labeling requirements for certain agricultural and vegetable end insert 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 begin delete a seed microenterprise that sells only untreated and uncertified seed, and end delete 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 begin delete seed microenterprises or end delete 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 1.  

Section 52258.1 is added to the Food and
Agricultural Code, to read:

52258.1.  

“Seed microenterprise” means any person or farm
that grows and sells within this state up to five thousand dollars
($5,000) annually of agricultural, flower, or vegetable seed.

SEC. 2.  

Section 52258.2 is added to the Food and Agricultural
Code, to read:

52258.2.  

“Sell” includes to offer, expose, or possess for sale,
and to commercially exchange, barter, or trade.

SEC. 3.  

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

52288.  

The Legislature hereby declares that it is the intent of
this chapter to enable the seed industry, with the aid of the state,
to ensure that seed purchased by the consumer-buyer is properly
identified and of the quality and amount represented on the tag or
label. The Legislature further declares that the success of
agriculture and the seed industry in this state depends upon the
continued commitment to industry-funded research in order to
improve the quality and variety of seed available to the
consumer-buyer. The Legislature further declares that this chapter
is not intended to regulate begin delete seed microenterprises or end delete noncommercial
seed sharing, including through seed libraries, seed exchanges, or
other informal and formal noncommercial seed sharing activities.

SEC. 4.  

Section 52311 of the Food and Agricultural Code is
amended to read:

52311.  

A person is not subject to the penalties that are
prescribed by this chapter in any of the following cases:

(a) For selling in this state any agricultural or vegetable seed
that is incorrectly labeled or represented as to kind, variety, or
type, which cannot be identified by examination of it, unless the
person has failed to obtain an invoice or grower’s declaration that
gives the commonly accepted name of the kind, kind and variety,
or kind and type, and to take other precautions as may be necessary
to insure the identity to be that which is stated.

(b) As to any matter that is required by Article 8 (commencing
with Section 52451), for selling the seed in original unopened
sealed packages that are fully labeled by another dealer, unless the
person has failed to have the seed retested and relabeled as to the
percentage of germination within the period that is prescribed by
Section 52481, or unless the person has failed to correct the label
after notice that the label has been found to be incorrect.

(c) For shipping, delivering, transporting, or selling within this
state any agricultural or vegetable seed that has a false labeling as
to percentage of germination or hard seeds, unless the person has
first been given an opportunity by the secretary to be heard. This
exemption does not, however, relieve any person from the
obligation, upon order of an enforcement official, to stop further
sale of any seed that is found to be incorrectly labeled as to
germination, nor does it exempt such seed from seizure pursuant
to this chapter.

begin delete

(d) For operating a seed microenterprise that sells only untreated
and uncertified seed.

end delete begin delete

(e)

end delete

begin insert (d) end insert  For collecting, storing, or distributing in this state any labeled
or unlabeled agricultural, flower, or vegetable seed for
noncommercial purposes.

SEC. 5.  

Section 52451 of the Food and Agricultural Code is
amended to read:

52451.  

This article does not apply to any of the following:

(a) Seed or grain that is not intended for sowing purposes.

(b) Seed that is in storage in, or consigned to, a seed cleaning
or conditioning establishment for cleaning or conditioning.

(c) Seed or grain that is transported without transfer of title for
sowing on land that is owned by the person by whom the seed or
grain was produced.

(d) Seed that is weighed and packaged in the presence of the
purchaser from a bulk container, if the container is properly and
conspicuously labeled as provided by this chapter.

(e) Seed or grain that is transported from one warehouse to
another without transfer of title or in storage in a warehouse, if
each container is plainly marked or identified with a lot number
or other lot identification and the label information that is required
by this article is available at the request of an enforcing officer.

(f) Seed distributed in the state through formal or informal
noncommercial seed sharing activities, including, but not limited
to, seed libraries and seed exchanges.

begin delete

(g) Seed sold by a seed microenterprise.

end delete

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 52452 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

52452.  

(a)  Except as otherwise provided in Section begin delete 52454, end delete
begin insert 52453.5 or 52454, end insert each container of agricultural seed that is for
sale or sold within this state for sowing purposes, unless the sale
is an occasional sale of seed grain by the producer of the seed grain
to his or her neighbor for use by the purchaser within the county
of production, shall bear upon begin delete it end delete begin insert it, end insert or have attached to begin delete it end delete begin insert it, end insert in a
conspicuous place a plainly written or printed label or tag in begin delete the end delete
English begin delete language end delete that includes all of the following information:

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

(2) The lot number or other lot identification.

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

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

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

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

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

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

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

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

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 52453 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

52453.  

Except as otherwise provided in Section begin delete 52454, end delete begin insert 52453.5
or 52454, end insert each container of vegetable seed that is for sale or sold
within this state for sowing purposes shall bear upon it, or have
attached to it, in a conspicuous begin delete place, end delete begin insert place end insert a plainly written or
printed label or tag in begin delete the end delete English begin delete language, end delete that gives all of the
following information:

(a) Name of kind and variety of seed.

(b) For any seed that germinates less than the standard last
established by the secretary under this chapter, the percentage of
germination, exclusive of hard seed; the percentage of hard seed,
if present; the calendar month and year the test was completed to
determine those percentages; and the words “Below Standard” in
not less than eight-point type.

(c) Name and address of the person that labeled the seed, or of
the person that sells the seed within this state.

(d) In addition to the information required in subdivisions (a),
(b), and (c), on each container of more than one-half pound (227
grams), the label shall include both the lot number or other lot
identification and the calendar month and year the germination
test was completed.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 52453.5 is added to the end insert begin insert Food and Agricultural
Code end insert begin insert , to read: end insert

begin insert

begin insert 52453.5. end insert   

Notwithstanding Sections 52452 and 52453, each
container of agricultural or vegetable seed that is untreated,
uncertified, and nonproprietary that is for sale or sold within this
state by a seed microenterprise for sowing purposes shall bear
upon it, or have attached to it, in a conspicuous place a plainly
written or printed label or tag in English with all of the following
information:

(a) The kind and variety of seed.

(b) The name and address of the person who labeled the seed.

(c) The number or other lot identification.

(d) For agricultural seed, each seed component in excess of five
percent of the whole, by weight.

(e) For any seed that germinates less than the germination
standard established by the secretary pursuant to this chapter, the
following information:

(1) The percentage of germination, exclusive of hard seed.

(2) The percentage of hard seed, if present.

(3) The month and year the germination test was completed.

(4) The words “Below Standard” in eight-point type.

end insert

begin delete SEC. 6. end delete
begin insert SEC. 9. end insert   

Section 52486 of the Food and Agricultural Code is
amended to read:

52486.  

Sections 52481, 52482, and 52484 of this article do not
apply to any of the following:

(a) Any common carrier in respect to any seed that is transported
or delivered for transportation in the ordinary course of its business
as a carrier if the carrier is not engaged in conditioning or
merchandising seed that is subject to the provisions of this chapter.

begin delete

(b) A seed microenterprise that sells only untreated and
uncertified seed.

end delete begin delete

(c)

end delete

begin insert (b) end insert  Noncommercial seed sharing.