BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 1810|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   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  








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          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.








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          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








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          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.










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          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










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          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


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