BILL ANALYSIS Ó AB 1810 Page 1 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 Page 2 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 Page 3 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 Page 4 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