BILL ANALYSIS �
SENATE COMMITTEE on AGRICULTURE
Senator Cathleen Galgiani, Chair
BILL NO: AB 2470 HEARING: 06/17/14
AUTHOR: Salas FISCAL: Yes
VERSION: 06/11/14 CONSULTANT: Anne Megaro
California Seed Law
SUMMARY :
This bill would define "neighbor" and add "corporation" to the
definition of "person" within the California Seed Law and would
prohibit the adoption or enforcement of a local ordinance that
regulates plants, crops, or seeds without the consent of the
secretary of the California Department of Food and Agriculture
(CDFA).
BACKGROUND AND EXISTING LAW :
The California Seed Law was enacted in 1967 to ensure that
agricultural and vegetable seed is properly and accurately
identified on the product label. Seed is analyzed through the
Seed Services program administered by CDFA. The California Seed
Law is locally enforced by county agricultural commissioners who
enter into cooperative agreements with the secretary of CDFA and
agree to maintain a statewide compliance level on all seed sold
in the county. In return, county agricultural commissioners
receive annual subvention payments for expenses incurred in
association with approved enforcement work plans (Food and
Agricultural Code �52251, et seq.).
Funding for this program is entirely supported through industry
seed assessments and registration fees and is administered by
CDFA. Every labeler of agricultural or vegetable seed offered
for sale in California or any person who sells that seed in this
state must annually register as a seed labeler and pay an annual
fee of $40. In addition, those who are registered seed labelers
must also pay an assessment capped at 40 cents per $100 gross
annual dollar volume sales. The secretary shall determine the
rate of assessment, not to exceed the department's cost of
carrying out these provisions (Food and Agricultural Code
�52321; 52351-6).
Existing law authorizes the secretary of CDFA to maintain a list
of plants and crops that are or may be grown from seed in this
state as well as a list of noxious weed seeds or other weeds
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detrimental to agriculture (Food and Agricultural Code �52332).
PROPOSED LAW :
This bill:
1. Adds "corporation" to the definition of "person" within
the California Seed Law.
2. Defines "neighbor" to mean a person who lives in close
proximity, not to exceed three miles, to another.
3. Authorizes the secretary of CDFA to maintain a list of
the plants and crops that are or may be grown in this
state, not just plants and crops grown from seed.
4. Prohibits a city, county, or district from adopting or
enforcing an ordinance after January 1, 2015, that
regulates plants, crops, or seeds without the consent of
the secretary of CDFA.
5. Makes technical changes.
COMMENTS :
Need for this bill: According to the author, this bill would
update and clarify the California Seed Law to address three
issues identified by the California Seed Association and the
California Seed Advisory Board that require updates or
clarification for the California Seed Law to properly cover
existing industry practices.
Preemption: This bill would also prohibit a city, county, or
district from adopting or enforcing an ordinance that would
regulate plants, crops, or seeds without the consent of the
secretary of CDFA. The request for this preemption arose from a
proposed "Policy for Invasive Plants" drafted by the City of
Encinitas that is currently out for public review. Once
enacted, this proposal would establish an invasive plant policy
that would include prevention, control, management, restoration,
education, and public awareness. Specifically, this policy
would prohibit specified invasive plants from being used on city
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property, public rights-of-way, and on discretionary projects
subject to the California Environmental Quality Act, design
review permits, and/or provisions of the city's water efficiency
landscape regulations.
Those in objection to the proposed Encinitas policy state that
there is an existing statewide model (PlantRight) that is
successful in helping horticulturalists phase out invasive
plants within the supply chain. Furthermore, the secretary of
CDFA has the expertise and authority to regulate what plants are
grown in California, and this bill would strengthen the
secretary's authority while maintaining local authority for
existing ordinances.
The committee may wish to consider whether or not a statutory
change is an appropriate response to a draft city policy that is
out for public review and scheduled to be heard by the city
council in July.
RELATED LEGISLATION :
SB 1399 (Galgiani) of 2014. Would extend to January 1, 2020,
the operation of provisions of the California Seed Law,
including a subvention program, and would give greater
discretion to CDFA to determine the formula used to reimburse
county agricultural commissioners for their work enforcing the
seed law. Currently in the Assembly Committee on Agriculture.
SB 348 (Galgiani), Chapter 385, Statutes of 2013. Extends to
January 1, 2017, the operation of provisions of the California
Seed Law, including a subvention program.
SB 1187 (Rubio) of 2012. Would have added "corporation" to the
definition of "person" within the California Seed Law and would
have defined "neighbor" to mean a person living within three
miles of another. Died on the Assembly Floor on the Inactive
File.
AB 1255 (T. Berryhill), Chapter 281, Statutes of 2009. Extends
to January 1, 2015, the operation of provisions of the
California Seed Law, including a subvention program.
AB 856 (Galgiani), Chapter 425, Statutes of 2008. Extends to
January 1, 2010, the operation of provisions of the California
Seed Law, including a subvention program. Provides that the
minimum $100 subvention may not be allocated to counties without
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registered seed labelers.
AB 315 (Salinas), Chapter 394, Statutes of 2003. Requires the
secretary to pay a total annual subvention to counties of
$120,000. Extends to July 1, 2009, the operation of provisions
in the California Seed Law.
PRIOR ACTIONS :
Assembly Floor 73-0
Assembly Agriculture 7-0
SUPPORT :
California Association of Nurseries and Garden Centers
California Seed Association
California State Floral Association
OPPOSITION :
None received