AB 1810,
as amended, Levine. California Seed Law: exclusions:begin delete seed microenterprises andend delete 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 wouldbegin delete also 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 wouldend delete revise applicable penalty provisions to exclude 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 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
8Agricultural Code, to read:
“Sell” includes to offer, expose, or possess for sale,
10and to commercially exchange, barter, or trade.
Section 52288 of the Food and Agricultural Code is
13amended to read:
The Legislature hereby declares that it is the intent of
15this chapter to enable the seed industry, with the aid of the state,
16to ensure that seed purchased by the consumer-buyer is properly
17identified and of the quality and amount represented on the tag or
18label. The Legislature further declares that the success of
19agriculture and the seed industry in this state depends upon the
20continued commitment to industry-funded research in order to
21improve the quality and variety of seed available to the
22consumer-buyer. The Legislature further declares that this chapter
23is not intended to regulate noncommercial seed sharing, including
24through seed libraries, seed exchanges, or
other informal and formal
25noncommercial seed sharing activities.
Section 52311 of the Food and Agricultural Code is
28amended to read:
A person is not subject to the penalties that are
30prescribed by this chapter in any of the following cases:
31(a) For selling in this state any agricultural or vegetable seed
32that is incorrectly labeled or represented as to kind, variety, or
33type, which cannot be identified by examination of it, unless the
P3 1person has failed to obtain an invoice or grower’s declaration that
2gives the commonly accepted name of the kind, kind and variety,
3or kind and type, and to take other precautions as may be necessary
4to insure the identity to be that which is stated.
5(b) As to any matter that is required by Article 8
(commencing
6
with Section 52451), for selling the seed in original unopened
7sealed packages that are fully labeled by another dealer, unless the
8person has failed to have the seed retested and relabeled as to the
9percentage of germination within the period that is prescribed by
10Section 52481, or unless the person has failed to correct the label
11after notice that the label has been found to be incorrect.
12(c) For shipping, delivering, transporting, or selling within this
13state any agricultural or vegetable seed that has a false labeling as
14to percentage of germination or hard seeds, unless the person has
15first been given an opportunity by the secretary to be heard. This
16exemption does not, however, relieve any person from the
17obligation, upon order of an enforcement official, to stop further
18sale of any seed that is found to be incorrectly labeled as
to
19germination, nor does it exempt such seed from seizure pursuant
20to this chapter.
21(d) For collecting, storing, or distributing in this state any labeled
22or unlabeled agricultural, flower, or vegetable seed for
23noncommercial purposes.
Section 52451 of the Food and Agricultural Code is
26amended to read:
This article does not apply to any of the following:
28(a) Seed or grain that is not intended for sowing purposes.
29(b) Seed that is in storage in, or consigned to, a seed cleaning
30or conditioning establishment for cleaning or conditioning.
31(c) Seed or grain that is transported without transfer of title for
32sowing on land that is owned by the person by whom the seed or
33grain was produced.
34(d) Seed that is weighed and packaged in the presence of the
35purchaser from a bulk container, if the container
is properly and
36conspicuously labeled as provided by this chapter.
37(e) Seed or grain that is transported from one warehouse to
38another without transfer of title or in storage in a warehouse, if
39each 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.
Section 52452 of the Food and Agricultural Code is
7amended to read:
(a) Except as otherwise provided in Section 52453.5
9or 52454, each container of agricultural seed that is for sale or sold
10within this state for sowing purposes, unless the sale is an
11occasional sale of seed grain by the producer of the seed grain to
12his or her neighbor for use by the purchaser within the county of
13production, shall bear upon it, or have attached to
it, in a
14conspicuous place a plainly written or printed label or tag in
15English that includes all of the following information:
16(1) The commonly accepted name of the kind, kind and variety,
17or kind and type of each agricultural seed component in excess of
185 percent of the whole, and the percentage by weight of each. If
19the aggregate of agricultural seed components, each present in an
20amount not exceeding 5 percent of the whole, exceeds 10 percent
21of the whole, each component in excess of 1 percent of the whole
22shall be named together with the percentage by weight of each. If
23more than one component is required to be named, the names of
24all components shall be shown in letters of the same type and size.
25(2) The lot number or other lot identification.
26(3) The percentage by weight of all weed seeds.
27(4) The name and approximate number of each kind of restricted
28noxious weed seed per pound.
29(5) The percentage by weight of any agricultural seed except
30that which is required to be named on the label.
31(6) The percentage by weight of inert matter. If a percentage
32by weight is required to be shown by any provision of this section,
33that percentage shall be exclusive of any substance that is added
34to the seed as a coating and shown on the label as such.
35(7) For each agricultural seed in excess of 5 percent of the
36whole, stated in
accordance with paragraph (1), the percentage of
37germination exclusive of hard seed, the percentage of hard seed,
38if present, and the calendar month and year the test was completed
39to determine the percentages. Following the statement of those
P5 1percentages, the additional statement “total germination and hard
2seed” may be stated.
3(8) The name and address of the person who labeled the seed
4or of the person who sells the seed within this state.
5(b) All determinations of noxious weed seeds are subject to
6tolerances and methods of determination prescribed in the
7regulations that are adopted pursuant to this chapter.
8(c) For purposes of this section, “neighbor” means a person who
9lives in close proximity, not to exceed three miles, to another.
Section 52453 of the Food and Agricultural Code is
11amended to read:
Except as otherwise provided in Section 52453.5 or
1352454, each container of vegetable seed that is for sale or sold
14within this state for sowing purposes shall bear upon it, or have
15attached to it, in a conspicuous place a plainly written or printed
16label or tag in English
that gives all of the following information:
17(a) Name of kind and variety of seed.
18(b) For any seed that germinates less than the standard last
19established by the secretary under this chapter, the percentage of
20germination, exclusive of hard seed; the percentage of hard seed,
21if present; the calendar month and year the test was completed to
22determine those percentages; and the words “Below Standard” in
23not less than eight-point type.
24(c) Name and address of the person that labeled the seed, or of
25the person that sells the seed within this state.
26(d) In addition to the information required in subdivisions (a),
27(b), and (c), on each container of more than one-half pound (227
28grams), the label shall include both the lot number or other
lot
29identification and the calendar month and year the germination
30test was completed.
Section 52453.5 is added to the Food and Agricultural
32Code, to read:
Notwithstanding Sections 52452 and 52453, each
34container of agricultural or vegetable seed that is untreated,
35uncertified, and nonproprietary that is for sale or sold within this
36state by a seed microenterprise for sowing purposes shall bear
37upon it, or have attached to it, in a conspicuous place a plainly
38written or printed label or tag in English with all of the following
39information:
40(a) The kind and variety of seed.
P6 1(b) The name and address of the person who labeled the seed.
2(c) The number or other lot identification.
3(d) For agricultural seed, each seed component
in excess of five
4percent of the whole, by weight.
5(e) For any seed that germinates less than the germination
6standard established by the secretary pursuant to this chapter, the
7following information:
8(1) The percentage of germination, exclusive of hard seed.
9(2) The percentage of hard seed, if present.
10(3) The month and year the germination test was completed.
11(4) The words “Below Standard” in eight-point type.
Section 52486 of the Food and Agricultural Code is
14amended to read:
Sections 52481, 52482, and 52484 of this article do not
16apply to any of the following:
17(a) Any common carrier in respect to any seed that is transported
18or delivered for transportation in the ordinary course of its business
19as a carrier if the carrier is not engaged in conditioning or
20merchandising seed that is subject to the provisions of this chapter.
21(b) Noncommercial seed sharing.
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