BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1810


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          ASSEMBLY THIRD READING


          AB  
          1810 (Levine)


          As Amended  March 29, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Agriculture     |8-1  |Dodd, Mathis, Eggman, |Gray                |
          |                |     |Gallagher, Irwin,     |                    |
          |                |     |Jones-Sawyer, Quirk,  |                    |
          |                |     |Salas                 |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |14-2 |Gonzalez, Bloom,      |Bigelow, Chang      |
          |                |     |Bonilla, Bonta,       |                    |
          |                |     |Calderon, Daly,       |                    |
          |                |     |Eggman, Gallagher,    |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Roger Hernández,      |                    |
          |                |     |Obernolte, Quirk,     |                    |
          |                |     |Santiago, Wagner,     |                    |
          |                |     |Wood                  |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 









                                                                    AB 1810


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          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)Exempts from penalties anyone collecting, storing, or  
            distributing any labeled or unlabeled agricultural, flower, or  
            vegetable seed for noncommercial purposes.


          4)Exempts from CSL the following activities including seed  
            distributed through formal or informal noncommercial seed  
            sharing activities, including, but not limited to, seed  
            libraries and seed exchanges.


          5)Exempts noncommercial seed sharing from 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,










                                                                    AB 1810


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             c)   The shipping of unlabeled seed. 


          6)Makes various technical and non-substantial changes.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, this bill will likely have minor and absorbable costs  
          to the California Department of Food and Agriculture (CDFA) for:  
           1) Efforts to ensure newly exempted entities are trading,  
          bartering, or exchanging seeds in a noncommercial manner; and 2)  
          A reduction in fee collections as some firms claim  
          non-commercial status.


          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.


          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  








                                                                    AB 1810


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          addition, those who are registered seed labelers must also pay  
          an assessment capped at $0.40 per $100 gross annual dollar  
          volume sales.  CDFA determines the rate of assessment, not to  
          exceed CDFA's cost of carrying out these provisions.


          See policy analysis for a more detailed analysis.




          Analysis Prepared by:                                             
          Jim Collin / AGRI. / (916) 319-2084  FN: 0002770