BILL ANALYSIS �
SB 1187
Page 1
SENATE THIRD READING
SB 1187 (Rubio)
As Amended April 25, 2012
Majority vote
SENATE VOTE :37-0
AGRICULTURE 9-0
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|Ayes:|Galgiani, Valadao, Bill | | |
| |Berryhill, Hill, Ma, | | |
| |Mendoza, Olsen, Perea, | | |
| |Yamada | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Adds "corporation" to the definition of a "person;"
rewords parts of California Seed Law (CSL), 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 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 the California Department of Food and Agriculture
(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 and
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 United States
Code, Section 1551, et seq.).
FISCAL EFFECT : None
COMMENTS : According to the author, the intent of this bill is
to clarify and update this code, based upon the suggestions of
the seed industry trade association and the Advisory Board
(Board). They reviewed the codes and determined that these
SB 1187
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changes were necessary for the proper enforcement of the seed
laws and to clarify the legislative intent of the statute.
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 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.
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, 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 (Agriculture Committee), 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 (Agriculture Committee), Chapter 459, Statutes of 2004,
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.
Analysis Prepared by : Jim Collin / AGRI. / (916) 319-2084
SB 1187
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FN: 0004071