Amended in Senate August 15, 2016

Amended in Senate June 15, 2016

Amended in Assembly March 29, 2016

Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1810

Introduced by Assembly Member Levine

(Coauthor: Assembly Member Mathis)

February 8, 2016

An act to amend Sections 52288 and 52451 of, and to add Sections begin delete 52258.2 end delete begin insert 52255.5, 52289, end insert and 52351.5 to, the Food and Agricultural Code, relating to seed.

LEGISLATIVE COUNSEL’S DIGEST

AB 1810, as amended, Levine. California Seed Law: exclusions: 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 or received by begin delete seed libraries, end delete begin insert noncommercial seed sharing activity, end insert as defined by the bill. The bill would authorize the Secretary of Food and Agriculture to require any begin delete person or organization that operates a seed library end delete begin insert entity that conducts noncommercial seed sharing activity end insert to provide notification of its begin delete operation end delete begin insert activity end insert on a form created by the begin delete secretary, and end delete begin insert secretary. The bill end insert would state that the Legislature declares, among other things, that the seed law is intended to support noncommercial seed begin delete activities, as specified. end delete begin insert sharing activities. The bill would authorize the Department of Food and Agriculture to post on its Internet Web site information about noncommercial seed sharing activity. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin delete

SECTION 1.  

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

52258.2.  

“Seed library” means a registered noncommercial
entity that lends, receives, or gives away seed at a place or event
without creating a contractual obligation or an expectation to
receive anything of value in return.

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 52255.5 is added to the end insert begin insert Food and
Agricultural Code end insert begin insert , to read: end insert

begin insert

begin insert 52255.5. end insert   

“Noncommercial seed sharing activity” means the
receiving or giving away of seed by a noncommercial entity without
the creation of a contractual obligation or an expectation to receive
anything of value in return. This definition does not prohibit a
noncommercial entity engaging in noncommercial seed sharing
activity from receiving the progeny of the seeds it distributes to
the extent that the activity does not violate the federal Plant Variety
Protection Act (7 U.S.C. 2321 et seq.). Noncommercial seed
sharing activity does not include receiving, storing, or distributing
patented seed.

end insert

SEC. 2.  

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

52288.  

The Legislature hereby declares all of the following:

(a) 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.

(b) 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.

(c) Noncommercial seed sharing begin insert activity end insert contributes significant
value to the health of our communities and to the resilience of our
food system. This chapter is intended to support noncommercial
seed begin delete sharing, including through seed libraries, end delete begin insert sharing activity end insert and
is not intended to supersede any provision of the California Rice
Certification Act of 2000 (Chapter 4 (commencing with Section
55000) of Division 20).

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 52289 is added to the end insert begin insert Food and Agricultural
Code end insert begin insert , to read: end insert

begin insert

begin insert 52289. end insert   

The department may post information on its Internet
Web site about noncommercial seed sharing activity that includes,
but is not limited to, the following:

(a) Germination or varietal purity standards.

(b) Compliance with the federal Plant Variety Protection Act
(7 U.S.C. 2321 et seq.).

(c) Best practices for entities participating in noncommercial
seed sharing activities, including public disclosure.

end insert

begin delete SEC. 3. end delete

begin insert SEC. 4. end insert   

Section 52351.5 is added to the Food and Agricultural
Code, to read:

52351.5.  

(a) Notwithstanding Section 52351, the secretary
may require any begin delete person or organization that operates a seed library end delete
begin insert entity that conducts noncommercial seed sharing activity end insert to provide
notification of its begin delete operation end delete begin insert activity end insert on a form created by the
secretary. The notification form shall only include the entity’s
name and address and the contact information of the responsible
party. No fee shall be assessed for submitting the notification form.

(b)  begin delete A person end delete begin insert An entity end insert shall not be subject to any penalties under
this chapter for failing to provide notification to the secretary
without first receiving a written request to do so.

begin delete SEC. 4. end delete

begin insert SEC. 5. end insert   

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 or received by begin delete seed libraries. end delete begin insert noncommercial
seed sharing activity. end insert