BILL ANALYSIS Ó
AB 1810
Page 1
Date of Hearing: March 30, 2016
ASSEMBLY COMMITTEE ON AGRICULTURE
Bill Dodd, Chair
AB 1810
(Levine) - As Amended March 29, 2016
REVISED ANALYSIS
SUBJECT: California Seed Law: exclusions: noncommercial seed
sharing.
SUMMARY: Adds new legislative findings, definitions and
exemptions to the California Seed Law (CSL), pertaining to seed
libraries; and makes technical changes. Specifically, this
bill:
1)Defines "sell" to mean to offer, expose, or possess for sale,
and to commercially exchange, barter, or trade.
2)Adds to the legislative findings that the California Seed Law
(CSL) is not intended to regulate noncommercial seed sharing,
including through seed libraries, seed exchanges, or other
informal or formal noncommercial seed sharing activities.
3)Adds penalty exemptions for the collecting, storing, or
distributing any labeled or unlabeled agricultural, flower, or
vegetable seed for noncommercial purposes.
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4)Adds to activities exempt from CSL to include seed distributed
through formal or informal noncommercial seed sharing
activities, including, but not limited to, seed libraries and
seed exchanges.
5)Adds an exemption for noncommercial seed sharing for the
following violations of CSL:
a) The shipping or sale of seed without a germination test;
b) The shipping or sale of mislabeled seed or seed
containing excessive weed seed; and,
c) The shipping of unlabeled seed.
6)Makes various technical and non-substantial changes.
EXISTING LAW: CSL requires every labeler of specified seeds for
sale or that is sold in this state, or persons receiving or
possessing seeds for sale or that sells in this state, to
annually register with CDFA, except as provided, and to pay an
annual assessment that funds the activities of this law.
Specifies labeling requirements for seed sold, except to
neighbors within three miles of production, and requires that
regulations be adopted for germination standards, enforcement
tolerances and examination procedures, sampling methods,
schedule of fees, and other such regulations that assist in
carrying out the provisions of this law. These regulations are
required to be as near as practicable to the Federal Seed Act.
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CDFA, on March 1, 2016, published a SEED ADVISORY No. 01-2016,
further clarifying existing law. It states that bona fide seed
libraries that do not meet the definition of "sell" are exempt
from labeling requirements of CSL, and seeds loaned to patrons
are exempt from CSL labeling requirements; flower seed is not
regulated by CSL; there are no labeling requirements for seed
banks that only deposit without other transactions; and, small
seed packets (1/2 pound or less) of vegetable seed only need
label to state the kind of seed, variety name, seller or
organization name and year it is to be planted.
FISCAL EFFECT: Unknown.
COMMENTS: According to the author, seed libraries provide
communities with free heirloom seeds, thereby empowering people
to grow affordable healthy food, preserve culturally significant
seed and adapt seed to local conditions. There are 450 seed
libraries in the United States with 38 of those in California.
Further, the author believes CSL is intended to regulate seed
sold to large scale agri-business, and that the testing and
labeling requirements are burdensome and not feasible for
community based seed sharing.
CSL was enacted in 1967 to ensure that agricultural seed is
properly and accurately identified on the product label. Seed
is analyzed through the Seed Services program, and administered
by CDFA. Purity of seed is a critical factor in preventing the
unwanted spread of diseases, noxious and invasive weeds. The
CSL is locally enforced by county agricultural commissioners and
agree to maintain a statewide compliance level on all seed sold
in the county.
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Funding for this program is through industry seed assessments
and registration fees, and is administered by CDFA. Every
labeler of agricultural seed offered for sale in California, or
any person who sells that seed in this state, must annually
register as a seed labeler and pay an annual fee of $40. In
addition, those who are registered seed labelers must also pay
an assessment capped at 40 cents per $100 gross annual dollar
volume sales. CDFA determines the rate of assessment, not to
exceed CDFA's cost of carrying out these provisions.
Supporters of AB 1810 state that CSL stands in the way of
community based initiatives working toward developing
sustainable local food sources and that the outdated CSL
language is creating a legal barrier for these efforts;
primarily that CSL's definition of "sell" is too broad and
capturers the sharing of seed. This issue has been a problem in
other states as well.
Opponents state that this bill's noncommercial seed exchange
language creates a loophole for potential spread of disease and
invasive weeds. They can support relief from some of the
provisions of CSL for bona fide seed libraries and exchanges,
but believe all should register with CDFA, as there is value in
communicating with them regarding diseases, invasive weeds and
law updates.
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The committee may wish to consider if this exemption from CSL
creates an exposure to the introduction of disease and/or
invasive pests, thereby exposing our agricultural industry and
our ecosystem to potential harm. Further, CDFA's seed advisory
clarifies that less than pound of seed only needs minimal
labeling requirements.
RELATED LEGISLATION: AB 2504 (Agriculture) of the 2016 Session,
would authorize the Seed Advisory Board to advise the Secretary
and make recommendations on assessments to fund research to
benefit the alfalfa seed industry.
AB 264 (Dahle), Chapter 294, Statutes of 2015, removed seed from
the definition of "farm product" under market enforcement
provisions regarding produce dealers, thereby removing seed
dealers from these provisions; retained one market enforcement
provision pertaining to the use of product liens for seed owned
and grown by a seed producer and sold to a seed dealer under
contract; and, added to CSL the authority for the CDFA to
establish methods and procedures to settle disputes regarding
financial terms and lack of payment by a seed dealer to a seed
grower.
SB 1399 (Galgiani), Chapter 277, Statutes of 2014, extended the
dates CSL would become inoperable to July 1, 2019, and changed
the methodology for county subventions.
SB 348 (Galgiani), Chapter 385, Statutes of 2013, extended the
provisions and repeal dates of CSL and county subventions, until
July 1, 2016, and January 1, 2017, respectfully.
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AB 2470 (Salas), Chapter 294, Statutes of 2013, added
"corporation" to the definition of a "person"; defined
"neighbor", for the purposes of this section, to mean a person
living in close proximity, not to exceed three miles, to
another; prohibited specified authorities, after January 1,
2015, from adopting or enforcing ordinances over plants, crops,
or seeds, as specified; and, made technical wording changes to
CSL.
AB 120 (Budget), Chapter 133, Statutes of 2011, among other
changes, deleted specified exemption from CSL.
REGISTERED SUPPORT / OPPOSITION:
Support
Ashland Cherryland Food Policy Council
California Farm Link
California State Guild
Center for Food Safety
City of El Cerrito
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Community Alliance with Family Farmers
Earthshed Solutions
Ecology center
Foothill Collaborative for Sustainability
Livermore Amador Valley Garden Club
Occidental Arts & Ecology Center
Orange Home Grown
Orange County Food Access Coalition
Pesticide Action Network, North America
Richmond Grows Seed.Org
Riverbank Heirloom Garden Club
Santa Barbara Food Alliance
Seed Savers Exchange
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Sustainable Economies Law Center
The Farmers Guild
15 individuals
21 4th Grade Students from Olive Elementary School, Novato
Unified School District
Opposition
None on file.
Analysis Prepared by:Jim Collin / AGRI. / (916) 319-2084