BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1810| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 1810 Author: Levine (D), et al. Amended: 8/15/16 in Senate Vote: 21 SENATE AGRICULTURE COMMITTEE: 5-0, 6/21/16 AYES: Galgiani, Cannella, Berryhill, Pan, Wolk SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 ASSEMBLY FLOOR: 73-1, 4/25/16 - See last page for vote SUBJECT: California Seed Law: exclusions: noncommercial seed sharing SOURCE: Olive Elementary School, Novato Unified School District, 2015-16 fourth grade class and teachers DIGEST: This bill defines "noncommercial seed sharing activity" and requires entities participating in these activities to notify the California Department of Food and Agriculture (CDFA); authorizes CDFA to post information on its website regarding noncommercial seed sharing activities; declares that the California Seed Law is intended to support noncommercial seed sharing; and exempts seed distributed or received by noncommercial seed sharing activities from seed labeling requirements. Senate Floor Amendments of 8/15/16 delete the definition of "seed library" and, instead, define "noncommercial seed sharing activity." These amendments also authorize CDFA to post information on its Web site about noncommercial seed sharing AB 1810 Page 2 activities that include germination or varietal purity standards, compliance with seed patent law, and best practices for entities participating in noncommercial seed sharing activities, including public disclosure. ANALYSIS: Existing law: 1)Enacts the California Seed Law (CSL) to ensure that agricultural and vegetable seed is properly and accurately identified on the product label. Seed is analyzed through the Seed Services Program administered by CDFA. The CSL is locally enforced by county agricultural commissioners, who enter into cooperative agreements with the secretary of CDFA and agree to maintain a statewide compliance level on all seed sold in the county. Funding for this program is entirely supported through industry seed assessments and registration fees and is administered by CDFA. (Food and Agriculture Code (FAC) §52251, et seq.). 2)Creates the Seed Advisory Board to make recommendations to the secretary of CDFA in regards to seed law and regulations, enforcement, seed laboratory diagnostics, and annual budgets. Advisory board members are appointed by the secretary. The board consists of registered seed labelers representing seed production, conditioning, marketing and utilization; persons who receive or possess seed for sale in California; and two members of the public. 3)Authorizes the secretary of CDFA to regulate seed sold in California to ensure that agricultural and vegetable seed is properly and accurately identified on the product label (Food and Agricultural Code § 52251 et seq.). 4)Requires seed labels to include, among other requirements, seed name and variety, weight, germination percentage, and name and address of the person selling the seed. 5)Requires every person selling agricultural or vegetable seed in California to register with CDFA to obtain authorization to sell seed, as specified. AB 1810 Page 3 6)Requires registered persons to pay a maximum assessment fee of 40 cents per $100 gross annual dollar volume sales. This bill: 1)Defines "noncommercial seed sharing activity" to mean 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. However, this definition does not prohibit a noncommercial entity participating in these sharing activities from receiving the progeny of the seeds it distributes, to the extent that the sharing activity does not violate existing seed patent law. 2)Exempts seed distributed or received by noncommercial seed sharing activities from seed labeling requirements. 3)Declares that noncommercial seed sharing activities contribute significant value to the health of communities and the resilience of the food system, and declares that the CSL is intended to support noncommercial seed sharing activities but is not intended to supersede any provision of the California Rice Certification Act of 2000. 4)Authorizes CDFA to post information on its Web site about noncommercial seed sharing activities that includes germination or varietal purity standards, compliance with seed patent law, and best practices for entities participating in noncommercial seed sharing activities, including public disclosure. 5)Authorizes CDFA to require any entity that conducts a noncommercial seed sharing activity to provide notification of its operation. The notification shall include only the entity's name and address and the contact information of the responsible party. No fee shall be assessed for this form, and no person shall be subject to penalties for failing to provide this notification without first receiving a written request to do so. Comments AB 1810 Page 4 Need for this bill. Community seed-sharing events are growing in popularity with the goal of preserving and increasing seed genetic diversity. However, current law does not recognize the sharing of seeds on a small community scale. Supporters of this bill are concerned that the state could regulate the sale of such seed according to the CSL, which would be infeasible due to labeling requirements such as detailed seed labels and germination tests. This bill defines a "noncommercial seed sharing activity" and exempts this seed activity from seed labeling requirements. CDFA Seed Advisory. On March 1, 2016, CDFA issued a seed advisory regarding seed libraries, seed banks, and seed exchanges. There had been several inquiries about whether these entities are required to obtain authorization to sell seeds per the seed law (Food and Agricultural Code § 52351) and whether they are "selling" seeds per the definition provided in FAC § 44. CDFA made the following determinations: 1)Seed library activities do not meet the definition of "sell," and seeds loaned to patrons are not subject to labeling requirements. Patrons, however, are not expected to provide any additional fees or services in exchange for their participation. 2)Seed exchanges do meet the definition of "sell" and must comply with labeling requirements. Only the seed exchange organization, and not individual participants, needs to obtain authorization to sell seeds. This CDFA advisory, however, did not provide a definition for "seed library." Library vs. sharing activity. Recent amendments removed the definition of "seed library" and replaced it with a definition for "noncommercial seed sharing activity." This change was made so that entities that do not identify as seed libraries but perform similar activities are not excluded from the benefits provided in this bill. AB 1810 Page 5 FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No SUPPORT: (Verified8/15/16) Olive Elementary School, Novato Unified School District, 2015-16 fourth grade class and teachers (source) Alameda County Board of Supervisors Ashland Cherryland Food Policy Council California Climate & Agriculture Network California FarmLink California Guild City of Encinitas Community Alliance with Family Farmers Earthshed Solutions Ecology Center El Cerrito City Council The Farmers Guild Foothill Collaborative For Sustainability Humboldt Food Policy Council Oakland Public Library Occidental Arts & Ecology Center Orange County Food Access Coalition Orange Home Grown Pesticide Action Network - North America Richmond Grows Seed Lending Library Seed Savers Exchange Slow Food California Sustainable Economies Law Center University of San Francisco Seed Library at Gleeson Library/Geschke Center 7 individuals OPPOSITION: (Verified8/15/16) None received AB 1810 Page 6 ARGUMENTS IN SUPPORT: 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. The California Seed Law 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. The technical clarification to current law will ensure clarity." ASSEMBLY FLOOR: 73-1, 4/25/16 AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Wood, Rendon NOES: Frazier NO VOTE RECORDED: Brough, Chang, Beth Gaines, Hadley, Olsen, Williams Prepared by:Anne Megaro / AGRI. / (916) 651-1508 8/16/16 18:00:05 **** END ****