BILL ANALYSIS �
AB 2470
Page 1
Date of Hearing: April 30, 2014
ASSEMBLY COMMITTEE ON AGRICULTURE
Susan Talamantes Eggman, Chair
AB 2470 (Salas) - As Introduced: February 21, 2014
SUBJECT : California Seed Law.
SUMMARY : Adds "corporation" to the definition of a "person";
defines "neighbor", for the purposes of this section, to mean a
person living in close proximity, not to exceed three miles, to
another; and, makes technical wording changes to the California
Seed Law (CSL).
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
annually register with the California Department of Food and
Agriculture (CDFA), 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.
FISCAL EFFECT : None. Legislative Counsel has keyed this bill
non-fiscal.
COMMENTS : This bill is the same as SB 1187 (Rubio) of the
2011-12 Session, which died on the Assembly Inactive File,
November 30, 2012. SB 1187 passed the Assembly Agriculture
Committee on a 9-0 vote, but was held due to county agricultural
commissioners raising concerns over the definition of a
neighbor.
The intent of AB 2470 is to clarify and update CSL, based upon
the suggestions of the seed industry trade association and the
Seed Advisory Board (Board), which 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.
AB 2470
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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 that lives within three miles.
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.
RELATED LEGISLATION : AB 1399 (Galgiani) of the 2013-14 Session,
would extend the operation and repeal dates for provisions of
CSL, including an annual county subvention for enforcement
activities necessary to carry out these provisions, until July
1, 2019 and January 1, 2020, respectively; gives greater
discretion to CDFA, in consultation with the Board, to determine
the formula used to reimburse county agriculture commissioners
(CAC) for their work enforcing CSL; and, would allow for
multi-year memorandums of understanding between CAC and CDFA.
This bill passed the Senate Agriculture Committee on a 5-0 vote
and is set to be heard in the Senate Appropriations Committee,
April 28, 2014.
PREVIOUS LEGISLATION : SB 348 (Galgiani), Chapter 385, Statutes
of 2013, extended the provisions and repeal dates of CSL and
county subventions, until July 1, 2016, and January 1, 2017,
respectfully.
SB 1187 (Rubio), died November 30, 2012, on the Assembly
Inactive File, added "corporation" to the definition of a
"Person;" reworded statute, making technical and conforming
changes; and, defined, for the purpose of this section, a
"neighbor" as a person living in close proximity, not to exceed
three miles, to another.
AB 1255 (Tom Berryhill), Chapter 281, Statutes of 2009,
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 CSL, for county
activities pertaining to seed labelers, and for statewide
compliance by counties for all seed produced within a county.
AB 2470
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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 (Committee on Agriculture), Chapter 499, Statutes of
2006, the 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, provided CDFA the discretion to determine what enforcement
activities are to be conducted by CACs and CDFA, regarding the
enforcement of CSL.
REGISTERED SUPPORT / OPPOSITION:
Support
California Seed Association
Opposition
None on file.
Analysis Prepared by : Jim Collin / AGRI. / (916) 319-2084