BILL ANALYSIS Ó AB 1810 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1810 (Levine) As Amended August 15, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |73-1 |April 25, 2016 |SENATE: |38-0 |(August 18, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: AGRI. SUMMARY: Exempts noncommercial seed sharing activities from California Seed Law (CSL) requirements; provides a definition for "noncommercial seed sharing activities"; permits the California Department of Food and Agriculture (CDFA) to require notification of such activities; provides legislative findings; and, permits CDFA to post on its Web site information on noncommercial seed sharing activities. The Senate amendments delete the definition of "sell"; add the definition of "noncommercial seed sharing activity"; add to legislative findings; replace references of "a person" with the term "an entity"; permit CDFA to require noncommercial seed sharing entities to notify of their activities and prohibit CDFA charging any fee for this requirement; and, permit CDFA to post specified information on their Web site. AB 1810 Page 2 FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. COMMENTS: 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, and supporters of this bill are concerned that the state could regulate the sale of such seed according to CSL, which would be infeasible due to labeling requirements such as detailed seed labels and germination tests. This bill defines "noncommercial seed sharing activities" and exempts them from seed labeling requirements. While there have been concerns, no enforcement actions have been taken by CDFA under CSL against any community based seed-sharing entity. To help clarify the position of community based seed sharing, CDFA issued a seed advisory in May of 2016, regarding seed libraries, seed banks, and seed exchanges, determining that only those that required something in exchange for their seed, needed to follow CSL. Since CDFA's published advisory, it is questioned if this bill is still needed. Analysis Prepared by: Jim Collin / AGRI. / (916) 319-2084 FN: 0004313 AB 1810 Page 3