BILL ANALYSIS �
SB 1187
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Date of Hearing: June 13, 2012
ASSEMBLY COMMITTEE ON AGRICULTURE
Cathleen Galgiani, Chair
SB 1187 (Rubio) - As Amended: April 25, 2012
SENATE VOTE : 37-0
SUBJECT : California Seed Law.
SUMMARY : Adds "corporation" to the definition of a "Person;"
rewords statute, making technical and conforming changes; and,
defines, for the purpose of this section, a "neighbor" as a
person living in close proximity, not to exceed three miles, to
another.
EXISTING LAW provides for the Secretary (Secretary) of the
California Department of Food and Agriculture (CDFA) to appoint
an 11 member Seed Advisory Board (Board), that will advise the
Secretary regarding seed law, regulations, enforcement,
laboratory diagnostics and annual budgets to carry out the
provisions of the California Seed Law (CSL). Requires every
labeler of specified seeds for sale or that is sold in this
state, or persons receiving or possessing seeds for sale or that
sells in this state, to register with CDFA annually, except as
provided, and to pay an annual assessment that funds the
activities of this law. Specifies labeling requirements for
seed sold, except to neighbors within the county of production,
and requires that regulations be adopted for germination
standards, enforcement tolerances, examination procedures,
sampling methods, schedule of fees and other such regulations
that assist in carrying out the provisions of this law. These
regulations are required to be as near as practicable to the
Federal Seed Act (7 U.S.C., sec. 1551, et seq.).
FISCAL EFFECT : Legislative Counsel has keyed this bill
non-fiscal.
COMMENTS : According to the author, the intent of SB 1187 is to
clarify and update this code, based upon the suggestions of the
seed industry trade association and the Board. They reviewed
the codes and determined that these changes were necessary for
the proper enforcement of the seed laws and to clarify the
legislative intent of the statute.
SB 1187
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Current statute permits certain exceptions to the labeling
requirement of seed for sale, including the occasional sale of
seed grain by a producer to his or her neighbor for use within
the county of production. The committee may wish to clarify
that the definition of a neighbor is a person within the county
of production.
The CSL was created in 1967 to ensure product accuracy for seeds
and seed labeling. In 1973, the Board was created and charged
with enforcing standards in the seed industry, with the industry
covering the costs of the program. These standards provide
consumer protection by providing germination and purity
requirements and labeling standards for each package.
PREVIOUS LEGISLATION : AB 1255 (Tom Berryhill), Chapter 281,
Statutes of 2009. This bill extended, from January 1, 2010 to
January 1, 2015, the repeal of the authority for state
administration cost recovery and county subventions for
enforcement provisions of the CSL, for county activities
pertaining to seed labelers, and for statewide compliance by
counties for all seed produced within a county.
SB 1280 (Maldonado), Chapter 399, Statutes of 2008. This bill
changed the makeup of the 11 member Board from nine labelers and
two public members to seven labelers, two individuals receiving
or possessing seed for sale in California, and two public
members. In addition, this bill clarifies that all agriculture
or vegetable seed labelers must annually register with CDFA to
sell seed in California.
AB 1598 (Committee on Agriculture), Chapter 499, Statutes of
2006. This Committee Omnibus bill, among other provisions,
permitted vegetable seed labels for packages of one-half pound
or less to use the terms "Packed for (year) season" or "Sell By
(month) (year)" to meet seed viability labeling requirements.
AB 3024 (Committee on Agriculture), Chapter 459, Statutes of
2004. This bill provided CDFA the discretion to determine what
enforcement activities are to be conducted by county
agricultural commissioners and CDFA, regarding the enforcement
of the CSL.
REGISTERED SUPPORT / OPPOSITION :
Support
SB 1187
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California Seed Association
Opposition
None on file
Analysis Prepared by : Jim Collin / AGRI. / (916) 319-2084