BILL NUMBER: AB 1810 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Levine
FEBRUARY 8, 2016
An act to amend Sections 52288, 52311, 52451, 52452, 52453,
and 52486 of, and to add Sections 52258.1 and 52258.2
52258.1, 52258.2, and 52453.5 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 exclude set forth
separate labeling requirements for certain agricultural and vegetable
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 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 seed microenterprises or 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.
(d) For operating a seed microenterprise that sells only untreated
and uncertified seed.
(e)
(d) 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.
(g) Seed sold by a seed microenterprise.
SEC. 6. Section 52452 of the Food and
Agricultural Code is amended to read:
52452. (a) Except as otherwise provided in Section
52454, 52453.5 or 52454, 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
it it, or have attached to it
it, in a conspicuous place a plainly written or
printed label or tag in the English
language 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.
SEC. 7. Section 52453 of the Food and
Agricultural Code is amended to read:
52453. Except as otherwise provided in Section 52454,
52453.5 or 52454, 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
place, place a plainly written or printed label
or tag in the English language,
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.
SEC. 8. Section 52453.5 is added to the
Food and Agricultural Code , to read:
52453.5. 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.
SEC. 6. SEC. 9. 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.
(b) A seed microenterprise that sells only untreated and
uncertified seed.
(c)
(b) Noncommercial seed sharing.