BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1187|
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THIRD READING
Bill No: SB 1187
Author: Rubio (D)
Amended: 4/25/12
Vote: 21
SENATE AGRICULTURE COMMITTEE : 7-0, 4/17/12
AYES: Cannella, Rubio, Berryhill, Evans, La Malfa, Vargas,
Wolk
SUBJECT : California Seed Law
SOURCE : California Seed Association
DIGEST : This bill clarifies the definition of person and
the term neighbor as they relate to the regulation of seed
sold in California. This bill revises a statement of
legislative intent to include ensuring the amount of seed
represented on a tag/label is identified properly.
ANALYSIS : The California Seed Law ensures that seed
offered for sale is properly identified and is of the
quality represented on the tag or label. This law is
enforced through California's Seed Law Enforcement program,
a third-party seed inspection program which monitors the
accuracy of label statements as to variety and type,
purity, and germination. The program is administered
statewide by the Department of Food and Agriculture (DFA).
Existing seed law defines a "person" as an individual,
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partnership, trust association, cooperative association, or
any other business unit or organization.
Existing law requires that each container of agricultural
seed for sale or sold in the state shall have a label or
tag which provides specified information. There is an
exemption for occasional sale of seed grain by the producer
to their neighbor for use within the county of purchase.
This bill:
1. Includes the term "corporation" in the definition of
"person" for California Seed Law.
2. Ensures the amount of seed represented on a tag or label
is properly identified.
3. Clarifies that "neighbor" means a person who lives in
close proximity, not to exceed three miles, to another
when determining the labeling exemption of occasional
sale of seed to a neighbor.
4. Makes other technical changes.
Comments
According to the author's office, this bill will update and
clarify seed law to cover existing industry practices.
There is concern if DFA initiated enforcement action
against a properly registered corporation there might be
ambiguity as to whether the corporation was liable due to
the current definition of "person." This bill eliminates
that ambiguity by including "corporation" in the definition
of "person" for California Seed Law.
Further, seed law is intended to provide the consumer with
confidence that the label properly identifies what is
inside the seed package. This bill codifies that the label
would not only properly identified and quality represented
but also the amount represented on the label.
Finally, this bill gives better direction on seed sales
between neighbors that are exempted from labeling
requirements. Under current law, there is no clear
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definition for "neighbor," which could be portrayed as only
adjacent property owners. This bill will allow these sales
to occur beyond the adjacent property owners and include
those in close proximity.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 4/25/12)
California Seed Association (source)
ARGUMENTS IN SUPPORT : The California Seed Association
states that this bill "will modernize the seed labeling act
to address inconsistencies in interpretation of the law and
enforcement. ? First, existing law is ambiguous to the
definition of 'person.' The enforcement agencies desire
clarification that the law applies not only to persons but
also corporations. Second, the law mandates that the seed
label include 'amount' of seed in the package. This
supports regulatory actions that mandate this requirement.
Finally, the measure clarifies that in the section
governing the occasional sale of seed grain by the producer
to his neighbor for use within the county of production,
neighbor means 'someone in close proximity.' Confusion
previously occurred whether the term neighbor only meant to
an adjacent landowner within the county of production."
MEL:mw 4/25/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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