AB 2470, as introduced, Salas. California Seed Law.
Existing law, the California Seed Law, regulates seed sold in California, and requires each container of agricultural seed that is for sale or sold within this state for sowing purposes to be labeled, as specified, unless the sale is an occasional sale of seed grain by the producer of the seed grain to his neighbor for use by the purchaser within the county of production. Existing law defines “person” for purposes of that law to mean an individual, partnership, trust association, cooperative association, or any other business unit or organization.
This bill would clarify that definition of “person” to include corporations. The bill would also clarify the term “neighbor” for purposes of the labeling requirements specified above to mean a person who lives in close proximity, not to exceed 3 miles, to another. The bill would revise a statement of legislative intent to include ensuring that the amount of seed represented on a tag or label is properly identified.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 52256.5 of the Food and Agricultural
2Code is amended to read:
“Person” also means any individual, partnership,
4begin insert corporation,end insert trust association, cooperative association, or any other
5business unit or organization.
Section 52288 of the Food and Agricultural Code is
7amended to read:
The Legislature hereby declares that it is the intent of
9this chapter to enable the seed industry, with the aid of the state,
10to ensure that seed purchased by the consumer-buyer is properly
11identified and of the qualitybegin insert and amountend insert represented on the tag or
12label. The Legislature further declares that the success of
13agriculture and the seed industry in this state depends upon the
14continued commitment tobegin delete industry fundedend deletebegin insert industry-fundedend insert research
15in order to improve the quality and variety of seed available to the
16consumer-buyer.
Section 52452 of the Food and Agricultural Code is
18amended to read:
begin insert (a)end insertbegin insert end insert Except as otherwise provided in Section 52454,
20each container of agricultural seedbegin delete whichend deletebegin insert thatend insert is for sale or sold
21within this state for sowing purposes, unless the sale is an
22occasional sale of seed grain by the producer of the seed grain to
23hisbegin insert or herend insert neighbor for use by the purchaser within the county of
24production, shall bear upon it or have attached to it in a
25conspicuous place a plainly written or printed label or tag in the
26Englishbegin delete language, which givesend deletebegin insert language that includesend insert all of the
27following information:
28 (a) Commonly
end delete
29begin insert(1)end insertbegin insert end insertbegin insertThe commonly end insertaccepted name of the kind, kind and variety,
30or kind and type of each agricultural seed component in excess of
315 percent of the whole, and the percentage by weight of each. If
32the aggregate of agricultural seed components, each present in an
33amount not exceeding 5 percent of the whole, exceeds 10 percent
34of the whole, each component in excess of 1 percent of the whole
35shall be named together with the percentage by weight of
each. If
36more than one component is required to be named, the names of
37all components shall be shown in letters of the same type and size.
38 (b) Lot
end deleteP3 1begin insert(2)end insertbegin insert end insertbegin insertThe lot end insertnumber or other lot identification.
2 (c) Percentage
end delete3begin insert(3)end insertbegin insert end insertbegin insertThe percentage end insertby weight of all weed seeds.
4 (d)
end delete
5begin insert (4)end insert The name and approximate number of each kind of restricted
6noxious weed seed per pound.
7 (e) Percentage
end delete
8begin insert(5)end insertbegin insert end insertbegin insertThe percentage end insertby weight of any agricultural seed except
9that which is required to be named on the label.
10 (f) Percentage
end delete
11begin insert(6)end insertbegin insert end insertbegin insertThe percentage end insertby weight of inert matter. If a percentage
12by weight is required to be shown by any provision of thisbegin delete section begin insert section, thatend insert percentage shall be exclusive of any substance
13suchend delete
14begin delete whichend deletebegin insert thatend insert is added to the seed as a coating and shown on the label
15as such.
16 (g)
end delete
17begin insert (7)end insert For each agriculturalbegin delete seed,end deletebegin insert seedend insert in excess of 5 percent of
18the whole, stated in accordance withbegin delete subdivision (a) of this section,end delete
19begin insert paragraph (1),end insert the percentage ofbegin delete germination,end deletebegin insert germinationend insert
20 exclusive of hardbegin delete seed;end deletebegin insert seed,end insert the percentage of hard seed, ifbegin delete present;end delete
21begin insert present,end insert and the calendar month and year the test was completed
22to determinebegin delete suchend deletebegin insert theend insert percentages. Following the statement ofbegin delete suchend delete
23begin insert thoseend insert percentages, the additional statement “total germination and
24hard seed” may bebegin delete stated as such, if desired.end deletebegin insert stated.end insert
25 (h) Name
end delete
26begin insert(8)end insertbegin insert end insertbegin insertThe name end insertand address of the personbegin delete thatend deletebegin insert whoend insert labeled the
27begin delete seed,end deletebegin insert seedend insert or of the personbegin delete thatend deletebegin insert whoend insert sells the seed within this state.
28 All
end delete
29begin insert(b)end insertbegin insert end insertbegin insertAll end insertdeterminations of noxious weed seeds are subject to
30tolerances and methods of determinationbegin delete which areend delete prescribed in
31the regulationsbegin delete whichend deletebegin insert thatend insert are adopted pursuant to this chapter.
32(c) For purposes of this section, “neighbor” means a person
33who lives in close proximity, not to exceed three miles, to another.
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