AB 1810: California Seed Law: exclusions: noncommercial seed sharing.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-09-09
The California Seed Law (the seed law) regulates seed sold in California, and generally requires agricultural and vegetable seed that is sold in the state to be labeled in accordance with specified provisions. Specified penalties are prescribed for violating the provisions of the seed law.
This bill would exclude from the labeling requirements of the seed law seed distributed or received by noncommercial seed sharing activity, as defined by the bill. The bill would authorize the Secretary of Food and Agriculture to require any entity that conducts noncommercial seed sharing activity to provide notification of its activity on a form created by the secretary. The bill would state that the Legislature declares, among other things, that the seed law is intended to support noncommercial seed sharing activities. The bill would authorize the Department of Food and Agriculture to post on its Internet Web site information about noncommercial seed sharing activity.
The California Seed Law (the seed law) regulates seed sold in California, and generally requires agricultural and vegetable seed that is sold in the state to be labeled in accordance with specified provisions. Specified penalties are prescribed for violating the provisions of the seed law.
This bill would exclude from the labeling requirements of the seed law seed distributed or received by noncommercial seed sharing activity, as defined by the bill. The bill would authorize the Secretary of Food and Agriculture to require any entity that conducts noncommercial seed sharing activity to provide notification of its activity on a form created by the secretary. The bill would state that the Legislature declares, among other things, that the seed law is intended to support noncommercial seed sharing activities. The bill would authorize the Department of Food and Agriculture to post on its Internet Web site information about noncommercial seed sharing activity.
The California Seed Law (the seed law) regulates seed sold in California, and generally requires agricultural and vegetable seed that is sold in the state to be labeled in accordance with specified provisions. Specified penalties are prescribed for violating the provisions of the seed law.
This bill would exclude from the labeling requirements of the seed law seed distributed or received by seed libraries, noncommercial seed sharing activity, as defined by the bill. The bill would authorize the Secretary of Food and Agriculture to require any person or organization that operates a seed library entity that conducts noncommercial seed sharing activity to provide notification of its operation activity on a form created by the secretary, and secretary. The bill would state that the Legislature declares, among other things, that the seed law is intended to support noncommercial seed activities, as specified. sharing activities. The bill would authorize the Department of Food and Agriculture to post on its Internet Web site information about noncommercial seed sharing activity.
The California Seed Law (the seed law) regulates seed sold in California, and generally requires agricultural and vegetable seed that is sold in the state to be labeled in accordance with specified provisions. Specified penalties are prescribed for violating the provisions of the seed law.
This bill would exclude from the labeling requirements of the seed law seed distributed through noncommercial seed sharing activities, and would revise applicable penalty provisions to exclude the collection, storage, or distribution of agricultural, flower, or vegetable seed for noncommercial purposes. The bill would also define the term sell for purposes of the seed law, and or received by seed libraries, as defined by the bill. The bill would authorize the Secretary of Food and Agriculture to require any person or organization that operates a seed library to provide notification of its operation on a form created by the secretary, and would state that the Legislature declares declares, among other things, that the seed law is not intended to regulate support noncommercial seed sharing, activities, as specified.
The California Seed Law (the seed law) regulates seed sold in California, and generally requires agricultural and vegetable seed that is sold in the state to be labeled in accordance with specified provisions. Specified penalties are prescribed for violating the provisions of the seed law.
This bill would exclude from the labeling requirements of the seed law seed distributed through noncommercial seed sharing activities, and would also set forth separate labeling requirements for certain agricultural and vegetable seed sold by a seed microenterprise, which would be defined as a person or farm that grows and sells up to $5,000 annually of agricultural, flower, or vegetable seed. The bill would revise applicable penalty provisions to exclude the collection, storage, or distribution of agricultural, flower, or vegetable seed for noncommercial purposes. The bill would also define the term sell for purposes of the seed law, and would state that the Legislature declares that the seed law is not intended to regulate noncommercial seed sharing, as specified.
The California Seed Law (the seed law) regulates seed sold in California, and generally requires agricultural and vegetable seed that is sold in the state to be labeled in accordance with specified provisions. Specified penalties are prescribed for violating the provisions of the seed law.
This bill would exclude from the labeling requirements of the seed law seed distributed through noncommercial seed sharing activities, and would also exclude set forth separate labeling requirements for certain agricultural and vegetable seed sold by a seed microenterprise, which would be defined as a person or farm that grows and sells up to $5,000 annually of agricultural, flower, or vegetable seed. The bill would revise applicable penalty provisions to exclude a seed microenterprise that sells only untreated and uncertified seed, and the collection, storage, or distribution of agricultural, flower, or vegetable seed for noncommercial purposes. The bill would also define the term sell for purposes of the seed law, and would state that the Legislature declares that the seed law is not intended to regulate seed microenterprises or noncommercial seed sharing, as specified.
The California Seed Law (the seed law) regulates seed sold in California, and generally requires agricultural and vegetable seed that is sold in the state to be labeled in accordance with specified provisions. Specified penalties are prescribed for violating the provisions of the seed law.
This bill would exclude from the labeling requirements of the seed law seed distributed through noncommercial seed sharing activities, and would also exclude seed sold by a seed microenterprise, which would be defined as a person or farm that grows and sells up to $5,000 annually of agricultural, flower, or vegetable seed. The bill would revise applicable penalty provisions to exclude a seed microenterprise that sells only untreated and uncertified seed, and the collection, storage, or distribution of agricultural, flower, or vegetable seed for noncommercial purposes. The bill would also define the term sell for purposes of the seed law, and would state that the Legislature declares that the seed law is not intended to regulate seed microenterprises or noncommercial seed sharing, as specified.
Noncommercial seed sharing activity means the receiving or giving away of seed by a noncommercial entity without the creation of a contractual obligation or an expectation to receive anything of value in return. This definition does not prohibit a noncommercial entity engaging in noncommercial seed sharing activity from receiving the progeny of the seeds it distributes to the extent that the activity does not violate the federal Plant Variety Protection Act (7 U.S.C. 2321 et seq.). Noncommercial seed sharing activity does not include receiving, storing, or distributing patented seed.
SEC. 2.Section 52288 of the Food and Agricultural Code is amended to read:52288.The Legislature hereby declares all of the following:
(a)It is the intent of this chapter to enable the seed industry, with the aid of the state, to ensure that seed purchased by the consumer-buyer is properly identified and of the quality and amount represented on the tag or label.
(b)The success of agriculture and the seed industry in this state depends upon the continued commitment to industry-funded research in order to improve the quality and variety of seed available to the consumer-buyer.
(c)Noncommercial seed sharing activity contributes significant value to the health of our communities and to the resilience of our food system. This chapter is intended to support noncommercial seed sharing activity and is not intended to supersede any provision of the California Rice Certification Act of 2000 (Chapter 4 (commencing with Section 55000) of Division 20).
SEC. 3.Section 52289 is added to the Food and Agricultural Code, to read:52289.The department may post information on its Internet Web site about noncommercial seed sharing activity that includes, but is not limited to, the following:
(a)Germination or varietal purity standards.
(b)Compliance with the federal Plant Variety Protection Act (7 U.S.C. 2321 et seq.).
(c)Best practices for entities participating in noncommercial seed sharing activities, including public disclosure.
SEC. 4.Section 52351.5 is added to the Food and Agricultural Code, to read:52351.5.(a)Notwithstanding Section 52351, the secretary may require any entity that conducts noncommercial seed sharing activity to provide notification of its activity on a form created by the secretary. The notification form shall only include the entitys name and address and the contact information of the responsible party. No fee shall be assessed for submitting the notification form.
(b)An entity shall not be subject to any penalties under this chapter for failing to provide notification to the secretary without first receiving a written request to do so.
SEC. 5.Section 52451 of the Food and Agricultural Code is amended to read:52451.This article does not apply to any of the following:
(a)Seed or grain that is not intended for sowing purposes.
(b)Seed that is in storage in, or consigned to, a seed cleaning or conditioning establishment for cleaning or conditioning.
(c)Seed or grain that is transported without transfer of title for sowing on land that is owned by the person by whom the seed or grain was produced.
(d)Seed that is weighed and packaged in the presence of the purchaser from a bulk container, if the container is properly and conspicuously labeled as provided by this chapter.
(e)Seed or grain that is transported from one warehouse to another without transfer of title or in storage in a warehouse, if each container is plainly marked or identified with a lot number or other lot identification and the label information that is required by this article is available at the request of an enforcing officer.
(f)Seed distributed or received by noncommercial seed sharing activity.
Noncommercial seed sharing activity means the receiving or giving away of seed by a noncommercial entity without the creation of a contractual obligation or an expectation to receive anything of value in return. This definition does not prohibit a noncommercial entity engaging in noncommercial seed sharing activity from receiving the progeny of the seeds it distributes to the extent that the activity does not violate the federal Plant Variety Protection Act (7 U.S.C. 2321 et seq.). Noncommercial seed sharing activity does not include receiving, storing, or distributing patented seed.
SEC. 2.Section 52288 of the Food and Agricultural Code is amended to read:52288.The Legislature hereby declares all of the following:
(a)It is the intent of this chapter to enable the seed industry, with the aid of the state, to ensure that seed purchased by the consumer-buyer is properly identified and of the quality and amount represented on the tag or label.
(b)The success of agriculture and the seed industry in this state depends upon the continued commitment to industry-funded research in order to improve the quality and variety of seed available to the consumer-buyer.
(c)Noncommercial seed sharing activity contributes significant value to the health of our communities and to the resilience of our food system. This chapter is intended to support noncommercial seed sharing activity and is not intended to supersede any provision of the California Rice Certification Act of 2000 (Chapter 4 (commencing with Section 55000) of Division 20).
SEC. 3.Section 52289 is added to the Food and Agricultural Code, to read:52289.The department may post information on its Internet Web site about noncommercial seed sharing activity that includes, but is not limited to, the following:
(a)Germination or varietal purity standards.
(b)Compliance with the federal Plant Variety Protection Act (7 U.S.C. 2321 et seq.).
(c)Best practices for entities participating in noncommercial seed sharing activities, including public disclosure.
SEC. 4.Section 52351.5 is added to the Food and Agricultural Code, to read:52351.5.(a)Notwithstanding Section 52351, the secretary may require any entity that conducts noncommercial seed sharing activity to provide notification of its activity on a form created by the secretary. The notification form shall only include the entitys name and address and the contact information of the responsible party. No fee shall be assessed for submitting the notification form.
(b)An entity shall not be subject to any penalties under this chapter for failing to provide notification to the secretary without first receiving a written request to do so.
SEC. 5.Section 52451 of the Food and Agricultural Code is amended to read:52451.This article does not apply to any of the following:
(a)Seed or grain that is not intended for sowing purposes.
(b)Seed that is in storage in, or consigned to, a seed cleaning or conditioning establishment for cleaning or conditioning.
(c)Seed or grain that is transported without transfer of title for sowing on land that is owned by the person by whom the seed or grain was produced.
(d)Seed that is weighed and packaged in the presence of the purchaser from a bulk container, if the container is properly and conspicuously labeled as provided by this chapter.
(e)Seed or grain that is transported from one warehouse to another without transfer of title or in storage in a warehouse, if each container is plainly marked or identified with a lot number or other lot identification and the label information that is required by this article is available at the request of an enforcing officer.
(f)Seed distributed or received by noncommercial seed sharing activity.
Seed library means a registered noncommercial entity that lends, receives, or gives away seed at a place or event without creating a contractual obligation or an expectation to receive anything of value in return.
SECTION 1.Section 52255.5 is added to the Food and Agricultural Code, to read:52255.5.Noncommercial seed sharing activity means the receiving or giving away of seed by a noncommercial entity without the creation of a contractual obligation or an expectation to receive anything of value in return. This definition does not prohibit a noncommercial entity engaging in noncommercial seed sharing activity from receiving the progeny of the seeds it distributes to the extent that the activity does not violate the federal Plant Variety Protection Act (7 U.S.C. 2321 et seq.). Noncommercial seed sharing activity does not include receiving, storing, or distributing patented seed.
SEC. 2.Section 52288 of the Food and Agricultural Code is amended to read:52288.The Legislature hereby declares all of the following:
(a)It is the intent of this chapter to enable the seed industry, with the aid of the state, to ensure that seed purchased by the consumer-buyer is properly identified and of the quality and amount represented on the tag or label.
(b)The success of agriculture and the seed industry in this state depends upon the continued commitment to industry-funded research in order to improve the quality and variety of seed available to the consumer-buyer.
(c)Noncommercial seed sharing activity contributes significant value to the health of our communities and to the resilience of our food system. This chapter is intended to support noncommercial seed sharing, including through seed libraries, sharing activity and is not intended to supersede any provision of the California Rice Certification Act of 2000 (Chapter 4 (commencing with Section 55000) of Division 20).
SEC. 3.Section 52289 is added to the Food and Agricultural Code, to read:52289.The department may post information on its Internet Web site about noncommercial seed sharing activity that includes, but is not limited to, the following:
(a)Germination or varietal purity standards.
(b)Compliance with the federal Plant Variety Protection Act (7 U.S.C. 2321 et seq.).
(c)Best practices for entities participating in noncommercial seed sharing activities, including public disclosure.
SEC. 3.SEC. 4.Section 52351.5 is added to the Food and Agricultural Code, to read:52351.5.(a)Notwithstanding Section 52351, the secretary may require any person or organization that operates a seed library entity that conducts noncommercial seed sharing activity to provide notification of its operation activity on a form created by the secretary. The notification form shall only include the entitys name and address and the contact information of the responsible party. No fee shall be assessed for submitting the notification form.
(b)A person An entity shall not be subject to any penalties under this chapter for failing to provide notification to the secretary without first receiving a written request to do so.
SEC. 4.SEC. 5.Section 52451 of the Food and Agricultural Code is amended to read:52451.This article does not apply to any of the following:
(a)Seed or grain that is not intended for sowing purposes.
(b)Seed that is in storage in, or consigned to, a seed cleaning or conditioning establishment for cleaning or conditioning.
(c)Seed or grain that is transported without transfer of title for sowing on land that is owned by the person by whom the seed or grain was produced.
(d)Seed that is weighed and packaged in the presence of the purchaser from a bulk container, if the container is properly and conspicuously labeled as provided by this chapter.
(e)Seed or grain that is transported from one warehouse to another without transfer of title or in storage in a warehouse, if each container is plainly marked or identified with a lot number or other lot identification and the label information that is required by this article is available at the request of an enforcing officer.
(f)Seed distributed or received by seed libraries. noncommercial seed sharing activity.
Sell includes to offer, expose, or possess for sale, and to commercially exchange, barter, or trade.
SECTION 1.Section 52258.2 is added to the Food and Agricultural Code, to read:52258.2.Seed library means a registered noncommercial entity that lends, receives, or gives away seed at a place or event without creating a contractual obligation or an expectation to receive anything of value in return.
SEC. 2.Section 52288 of the Food and Agricultural Code is amended to read:52288.The Legislature hereby declares that it is all of the following:
(a)It is the intent of this chapter to enable the seed industry, with the aid of the state, to ensure that seed purchased by the consumer-buyer is properly identified and of the quality and amount represented on the tag or label. The Legislature further declares that the
(b)The success of agriculture and the seed industry in this state depends upon the continued commitment to industry-funded research in order to improve the quality and variety of seed available to the consumer-buyer. The Legislature further declares that this
(c)Noncommercial seed sharing contributes significant value to the health of our communities and to the resilience of our food system. This chapter is not intended to regulate support noncommercial seed sharing, including through seed libraries, seed exchanges, or other informal and formal noncommercial seed sharing activities. libraries, and is not intended to supersede any provision of the California Rice Certification Act of 2000 (Chapter 4 (commencing with Section 55000) of Division 20).
SEC. 3.Section 52311 of the Food and Agricultural Code is amended to read:52311.A person is not subject to the penalties that are prescribed by this chapter in any of the following cases:
(a)For selling in this state any agricultural or vegetable seed that is incorrectly labeled or represented as to kind, variety, or type, which cannot be identified by examination of it, unless the person has failed to obtain an invoice or growers declaration that gives the commonly accepted name of the kind, kind and variety, or kind and type, and to take other precautions as may be necessary to insure the identity to be that which is stated.
(b)As to any matter that is required by Article 8 (commencing with Section 52451), for selling the seed in original unopened sealed packages that are fully labeled by another dealer, unless the person has failed to have the seed retested and relabeled as to the percentage of germination within the period that is prescribed by Section 52481, or unless the person has failed to correct the label after notice that the label has been found to be incorrect.
(c)For shipping, delivering, transporting, or selling within this state any agricultural or vegetable seed that has a false labeling as to percentage of germination or hard seeds, unless the person has first been given an opportunity by the secretary to be heard. This exemption does not, however, relieve any person from the obligation, upon order of an enforcement official, to stop further sale of any seed that is found to be incorrectly labeled as to germination, nor does it exempt such seed from seizure pursuant to this chapter.
(d)For collecting, storing, or distributing in this state any labeled or unlabeled agricultural, flower, or vegetable seed for noncommercial purposes.
SEC. 3.Section 52351.5 is added to the Food and Agricultural Code, to read:52351.5.(a)Notwithstanding Section 52351, the secretary may require any person or organization that operates a seed library to provide notification of its operation on a form created by the secretary. The notification form shall only include the entitys name and address and the contact information of the responsible party. No fee shall be assessed for submitting the notification form.
(b)A person shall not be subject to any penalties under this chapter for failing to provide notification to the secretary without first receiving a written request to do so.
SEC. 4.Section 52451 of the Food and Agricultural Code is amended to read:52451.This article does not apply to any of the following:
(a)Seed or grain that is not intended for sowing purposes.
(b)Seed that is in storage in, or consigned to, a seed cleaning or conditioning establishment for cleaning or conditioning.
(c)Seed or grain that is transported without transfer of title for sowing on land that is owned by the person by whom the seed or grain was produced.
(d)Seed that is weighed and packaged in the presence of the purchaser from a bulk container, if the container is properly and conspicuously labeled as provided by this chapter.
(e)Seed or grain that is transported from one warehouse to another without transfer of title or in storage in a warehouse, if each container is plainly marked or identified with a lot number or other lot identification and the label information that is required by this article is available at the request of an enforcing officer.
(f)Seed distributed in the state through formal or informal noncommercial seed sharing activities, including, but not limited to, seed libraries and seed exchanges. or received by seed libraries.
SEC. 5.Section 52486 of the Food and Agricultural Code is amended to read:52486.Sections 52481, 52482, and 52484 of this article do not apply to any of the following:
(a)Any common carrier in respect to any seed that is transported or delivered for transportation in the ordinary course of its business as a carrier if the carrier is not engaged in conditioning or merchandising seed that is subject to the provisions of this chapter.
(b)Noncommercial seed sharing.
Seed microenterprise means any person or farm that grows and sells within this state up to five thousand dollars ($5,000) annually of agricultural, flower, or vegetable seed.
SEC. 2.SECTION 1.Section 52258.2 is added to the Food and Agricultural Code, to read:52258.2.Sell includes to offer, expose, or possess for sale, and to commercially exchange, barter, or trade.
SEC. 3.SEC. 2.Section 52288 of the Food and Agricultural Code is amended to read:52288.The Legislature hereby declares that it is the intent of this chapter to enable the seed industry, with the aid of the state, to ensure that seed purchased by the consumer-buyer is properly identified and of the quality and amount represented on the tag or label. The Legislature further declares that the success of agriculture and the seed industry in this state depends upon the continued commitment to industry-funded research in order to improve the quality and variety of seed available to the consumer-buyer. The Legislature further declares that this chapter is not intended to regulate noncommercial seed sharing, including through seed libraries, seed exchanges, or other informal and formal noncommercial seed sharing activities.
SEC. 4.SEC. 3.Section 52311 of the Food and Agricultural Code is amended to read:52311.A person is not subject to the penalties that are prescribed by this chapter in any of the following cases:
(a)For selling in this state any agricultural or vegetable seed that is incorrectly labeled or represented as to kind, variety, or type, which cannot be identified by examination of it, unless the person has failed to obtain an invoice or growers declaration that gives the commonly accepted name of the kind, kind and variety, or kind and type, and to take other precautions as may be necessary to insure the identity to be that which is stated.
(b)As to any matter that is required by Article 8 (commencing with Section 52451), for selling the seed in original unopened sealed packages that are fully labeled by another dealer, unless the person has failed to have the seed retested and relabeled as to the percentage of germination within the period that is prescribed by Section 52481, or unless the person has failed to correct the label after notice that the label has been found to be incorrect.
(c)For shipping, delivering, transporting, or selling within this state any agricultural or vegetable seed that has a false labeling as to percentage of germination or hard seeds, unless the person has first been given an opportunity by the secretary to be heard. This exemption does not, however, relieve any person from the obligation, upon order of an enforcement official, to stop further sale of any seed that is found to be incorrectly labeled as to germination, nor does it exempt such seed from seizure pursuant to this chapter.
(d)For collecting, storing, or distributing in this state any labeled or unlabeled agricultural, flower, or vegetable seed for noncommercial purposes.
SEC. 5.SEC. 4.Section 52451 of the Food and Agricultural Code is amended to read:52451.This article does not apply to any of the following:
(a)Seed or grain that is not intended for sowing purposes.
(b)Seed that is in storage in, or consigned to, a seed cleaning or conditioning establishment for cleaning or conditioning.
(c)Seed or grain that is transported without transfer of title for sowing on land that is owned by the person by whom the seed or grain was produced.
(d)Seed that is weighed and packaged in the presence of the purchaser from a bulk container, if the container is properly and conspicuously labeled as provided by this chapter.
(e)Seed or grain that is transported from one warehouse to another without transfer of title or in storage in a warehouse, if each container is plainly marked or identified with a lot number or other lot identification and the label information that is required by this article is available at the request of an enforcing officer.
(f)Seed distributed in the state through formal or informal noncommercial seed sharing activities, including, but not limited to, seed libraries and seed exchanges.
SEC. 6.Section 52452 of the Food and Agricultural Code is amended to read:52452.(a) Except as otherwise provided in Section 52453.5 or 52454, each container of agricultural seed that is for sale or sold within this state for sowing purposes, unless the sale is an occasional sale of seed grain by the producer of the seed grain to his or her neighbor for use by the purchaser within the county of production, shall bear upon it, or have attached to it, in a conspicuous place a plainly written or printed label or tag in English that includes all of the following information:
(1)The commonly accepted name of the kind, kind and variety, or kind and type of each agricultural seed component in excess of 5 percent of the whole, and the percentage by weight of each. If the aggregate of agricultural seed components, each present in an amount not exceeding 5 percent of the whole, exceeds 10 percent of the whole, each component in excess of 1 percent of the whole shall be named together with the percentage by weight of each. If more than one component is required to be named, the names of all components shall be shown in letters of the same type and size.
(2)The lot number or other lot identification.
(3)The percentage by weight of all weed seeds.
(4)The name and approximate number of each kind of restricted noxious weed seed per pound.
(5)The percentage by weight of any agricultural seed except that which is required to be named on the label.
(6)The percentage by weight of inert matter. If a percentage by weight is required to be shown by any provision of this section, that percentage shall be exclusive of any substance that is added to the seed as a coating and shown on the label as such.
(7)For each agricultural seed in excess of 5 percent of the whole, stated in accordance with paragraph (1), the percentage of germination exclusive of hard seed, the percentage of hard seed, if present, and the calendar month and year the test was completed to determine the percentages. Following the statement of those percentages, the additional statement total germination and hard seed may be stated.
(8)The name and address of the person who labeled the seed or of the person who sells the seed within this state.
(b)All determinations of noxious weed seeds are subject to tolerances and methods of determination prescribed in the regulations that are adopted pursuant to this chapter.
(c)For purposes of this section, neighbor means a person who lives in close proximity, not to exceed three miles, to another.
SEC. 7.Section 52453 of the Food and Agricultural Code is amended to read:52453.Except as otherwise provided in Section 52453.5 or 52454, each container of vegetable seed that is for sale or sold within this state for sowing purposes shall bear upon it, or have attached to it, in a conspicuous place a plainly written or printed label or tag in English that gives all of the following information:
(a)Name of kind and variety of seed.
(b)For any seed that germinates less than the standard last established by the secretary under this chapter, the percentage of germination, exclusive of hard seed; the percentage of hard seed, if present; the calendar month and year the test was completed to determine those percentages; and the words Below Standard in not less than eight-point type.
(c)Name and address of the person that labeled the seed, or of the person that sells the seed within this state.
(d)In addition to the information required in subdivisions (a), (b), and (c), on each container of more than one-half pound (227 grams), the label shall include both the lot number or other lot identification and the calendar month and year the germination test was completed.
SEC. 8.Section 52453.5 is added to the Food and Agricultural Code, to read:52453.5.Notwithstanding Sections 52452 and 52453, each container of agricultural or vegetable seed that is untreated, uncertified, and nonproprietary that is for sale or sold within this state by a seed microenterprise for sowing purposes shall bear upon it, or have attached to it, in a conspicuous place a plainly written or printed label or tag in English with all of the following information:
(a)The kind and variety of seed.
(b)The name and address of the person who labeled the seed.
(c)The number or other lot identification.
(d)For agricultural seed, each seed component in excess of five percent of the whole, by weight.
(e)For any seed that germinates less than the germination standard established by the secretary pursuant to this chapter, the following information:
(1)The percentage of germination, exclusive of hard seed.
(2)The percentage of hard seed, if present.
(3)The month and year the germination test was completed.
(4)The words Below Standard in eight-point type.
SEC. 9.SEC. 5.Section 52486 of the Food and Agricultural Code is amended to read:52486.Sections 52481, 52482, and 52484 of this article do not apply to any of the following:
(a)Any common carrier in respect to any seed that is transported or delivered for transportation in the ordinary course of its business as a carrier if the carrier is not engaged in conditioning or merchandising seed that is subject to the provisions of this chapter.
(b)Noncommercial seed sharing.
Seed microenterprise means any person or farm that grows and sells within this state up to five thousand dollars ($5,000) annually of agricultural, flower, or vegetable seed.
SEC. 2.Section 52258.2 is added to the Food and Agricultural Code, to read:52258.2.Sell includes to offer, expose, or possess for sale, and to commercially exchange, barter, or trade.
SEC. 3.Section 52288 of the Food and Agricultural Code is amended to read:52288.The Legislature hereby declares that it is the intent of this chapter to enable the seed industry, with the aid of the state, to ensure that seed purchased by the consumer-buyer is properly identified and of the quality and amount represented on the tag or label. The Legislature further declares that the success of agriculture and the seed industry in this state depends upon the continued commitment to industry-funded research in order to improve the quality and variety of seed available to the consumer-buyer. The Legislature further declares that this chapter is not intended to regulate seed microenterprises or noncommercial seed sharing, including through seed libraries, seed exchanges, or other informal and formal noncommercial seed sharing activities.
SEC. 4.Section 52311 of the Food and Agricultural Code is amended to read:52311.A person is not subject to the penalties that are prescribed by this chapter in any of the following cases:
(a)For selling in this state any agricultural or vegetable seed that is incorrectly labeled or represented as to kind, variety, or type, which cannot be identified by examination of it, unless the person has failed to obtain an invoice or growers declaration that gives the commonly accepted name of the kind, kind and variety, or kind and type, and to take other precautions as may be necessary to insure the identity to be that which is stated.
(b)As to any matter that is required by Article 8 (commencing with Section 52451), for selling the seed in original unopened sealed packages that are fully labeled by another dealer, unless the person has failed to have the seed retested and relabeled as to the percentage of germination within the period that is prescribed by Section 52481, or unless the person has failed to correct the label after notice that the label has been found to be incorrect.
(c)For shipping, delivering, transporting, or selling within this state any agricultural or vegetable seed that has a false labeling as to percentage of germination or hard seeds, unless the person has first been given an opportunity by the secretary to be heard. This exemption does not, however, relieve any person from the obligation, upon order of an enforcement official, to stop further sale of any seed that is found to be incorrectly labeled as to germination, nor does it exempt such seed from seizure pursuant to this chapter.
(d)For operating a seed microenterprise that sells only untreated and uncertified seed.
(e)
(d)For collecting, storing, or distributing in this state any labeled or unlabeled agricultural, flower, or vegetable seed for noncommercial purposes.
SEC. 5.Section 52451 of the Food and Agricultural Code is amended to read:52451.This article does not apply to any of the following:
(a)Seed or grain that is not intended for sowing purposes.
(b)Seed that is in storage in, or consigned to, a seed cleaning or conditioning establishment for cleaning or conditioning.
(c)Seed or grain that is transported without transfer of title for sowing on land that is owned by the person by whom the seed or grain was produced.
(d)Seed that is weighed and packaged in the presence of the purchaser from a bulk container, if the container is properly and conspicuously labeled as provided by this chapter.
(e)Seed or grain that is transported from one warehouse to another without transfer of title or in storage in a warehouse, if each container is plainly marked or identified with a lot number or other lot identification and the label information that is required by this article is available at the request of an enforcing officer.
(f)Seed distributed in the state through formal or informal noncommercial seed sharing activities, including, but not limited to, seed libraries and seed exchanges.
(g)Seed sold by a seed microenterprise.
SEC. 6.Section 52452 of the Food and Agricultural Code is amended to read:52452.(a) Except as otherwise provided in Section 52454, 52453.5 or 52454, each container of agricultural seed that is for sale or sold within this state for sowing purposes, unless the sale is an occasional sale of seed grain by the producer of the seed grain to his or her neighbor for use by the purchaser within the county of production, shall bear upon it it, or have attached to it it, in a conspicuous place a plainly written or printed label or tag in the English language that includes all of the following information:
(1)The commonly accepted name of the kind, kind and variety, or kind and type of each agricultural seed component in excess of 5 percent of the whole, and the percentage by weight of each. If the aggregate of agricultural seed components, each present in an amount not exceeding 5 percent of the whole, exceeds 10 percent of the whole, each component in excess of 1 percent of the whole shall be named together with the percentage by weight of each. If more than one component is required to be named, the names of all components shall be shown in letters of the same type and size.
(2)The lot number or other lot identification.
(3)The percentage by weight of all weed seeds.
(4)The name and approximate number of each kind of restricted noxious weed seed per pound.
(5)The percentage by weight of any agricultural seed except that which is required to be named on the label.
(6)The percentage by weight of inert matter. If a percentage by weight is required to be shown by any provision of this section, that percentage shall be exclusive of any substance that is added to the seed as a coating and shown on the label as such.
(7)For each agricultural seed in excess of 5 percent of the whole, stated in accordance with paragraph (1), the percentage of germination exclusive of hard seed, the percentage of hard seed, if present, and the calendar month and year the test was completed to determine the percentages. Following the statement of those percentages, the additional statement total germination and hard seed may be stated.
(8)The name and address of the person who labeled the seed or of the person who sells the seed within this state.
(b)All determinations of noxious weed seeds are subject to tolerances and methods of determination prescribed in the regulations that are adopted pursuant to this chapter.
(c)For purposes of this section, neighbor means a person who lives in close proximity, not to exceed three miles, to another.
SEC. 7.Section 52453 of the Food and Agricultural Code is amended to read:52453.Except as otherwise provided in Section 52454, 52453.5 or 52454, each container of vegetable seed that is for sale or sold within this state for sowing purposes shall bear upon it, or have attached to it, in a conspicuous place, place a plainly written or printed label or tag in the English language, that gives all of the following information:
(a)Name of kind and variety of seed.
(b)For any seed that germinates less than the standard last established by the secretary under this chapter, the percentage of germination, exclusive of hard seed; the percentage of hard seed, if present; the calendar month and year the test was completed to determine those percentages; and the words Below Standard in not less than eight-point type.
(c)Name and address of the person that labeled the seed, or of the person that sells the seed within this state.
(d)In addition to the information required in subdivisions (a), (b), and (c), on each container of more than one-half pound (227 grams), the label shall include both the lot number or other lot identification and the calendar month and year the germination test was completed.
SEC. 8.Section 52453.5 is added to the Food and Agricultural Code, to read:52453.5.Notwithstanding Sections 52452 and 52453, each container of agricultural or vegetable seed that is untreated, uncertified, and nonproprietary that is for sale or sold within this state by a seed microenterprise for sowing purposes shall bear upon it, or have attached to it, in a conspicuous place a plainly written or printed label or tag in English with all of the following information:
(a)The kind and variety of seed.
(b)The name and address of the person who labeled the seed.
(c)The number or other lot identification.
(d)For agricultural seed, each seed component in excess of five percent of the whole, by weight.
(e)For any seed that germinates less than the germination standard established by the secretary pursuant to this chapter, the following information:
(1)The percentage of germination, exclusive of hard seed.
(2)The percentage of hard seed, if present.
(3)The month and year the germination test was completed.
(4)The words Below Standard in eight-point type.
SEC. 6.SEC. 9.Section 52486 of the Food and Agricultural Code is amended to read:52486.Sections 52481, 52482, and 52484 of this article do not apply to any of the following:
(a)Any common carrier in respect to any seed that is transported or delivered for transportation in the ordinary course of its business as a carrier if the carrier is not engaged in conditioning or merchandising seed that is subject to the provisions of this chapter.
(b)A seed microenterprise that sells only untreated and uncertified seed.
(c)
(b)Noncommercial seed sharing.
Seed microenterprise means any person or farm that grows and sells within this state up to five thousand dollars ($5,000) annually of agricultural, flower, or vegetable seed.
SEC. 2.Section 52258.2 is added to the Food and Agricultural Code, to read:52258.2.Sell includes to offer, expose, or possess for sale, and to commercially exchange, barter, or trade.
SEC. 3.Section 52288 of the Food and Agricultural Code is amended to read:52288.The Legislature hereby declares that it is the intent of this chapter to enable the seed industry, with the aid of the state, to ensure that seed purchased by the consumer-buyer is properly identified and of the quality and amount represented on the tag or label. The Legislature further declares that the success of agriculture and the seed industry in this state depends upon the continued commitment to industry-funded research in order to improve the quality and variety of seed available to the consumer-buyer. The Legislature further declares that this chapter is not intended to regulate seed microenterprises or noncommercial seed sharing, including through seed libraries, seed exchanges, or other informal and formal noncommercial seed sharing activities.
SEC. 4.Section 52311 of the Food and Agricultural Code is amended to read:52311.A person is not subject to the penalties which that are prescribed by this chapter in any of the following cases:
(a)For selling in this state any agricultural or vegetable seed which that is incorrectly labeled or represented as to kind, variety, or type, which seed cannot be identified by examination of it, unless he the person has failed to obtain an invoice or growers declaration which that gives the commonly accepted name of the kind, kind and variety, or kind and type, and to take such other precautions as may be necessary to insure the identity to be that which is stated.
(b)As to any matter which that is required by Article 8 (commencing with Section 52451) of this chapter, 52451), for selling such the seed in original unopened sealed packages which that are fully labeled by another dealer, unless he the person has failed to have such the seed retested and relabeled as to the percentage of germination within the period which that is prescribed by Section 52481, or unless he the person has failed to correct the label after notice that such the label has been found to be incorrect.
(c)For shipping, delivering, transporting, or selling within this state any agricultural or vegetable seed which that has a false labeling as to percentage of germination or hard seeds, unless he the person has first been given an opportunity by the director secretary to be heard. This exemption does not, however, relieve any person from the obligation, upon order of an enforcement official, to stop further sale of any seed which that is found to be incorrectly labeled as to germination, nor does it exempt such seed from seizure pursuant to this chapter.
(d)For operating a seed microenterprise that sells only untreated and uncertified seed.
(e)For collecting, storing, or distributing in this state any labeled or unlabeled agricultural, flower, or vegetable seed for noncommercial purposes.
SEC. 5.Section 52451 of the Food and Agricultural Code is amended to read:52451.This article does not apply to any of the following:
(a)Seed or grain that is not intended for sowing purposes.
(b)Seed that is in storage in, or consigned to, a seed cleaning or conditioning establishment for cleaning or conditioning.
(c)Seed or grain that is transported without transfer of title for sowing on land that is owned by the person by whom the seed or grain was produced.
(d)Seed that is weighed and packaged in the presence of the purchaser from a bulk container, if the container is properly and conspicuously labeled as provided by this chapter.
(e)Seed or grain that is transported from one warehouse to another without transfer of title or in storage in a warehouse, if each container is plainly marked or identified with a lot number or other lot identification and the label information that is required by this article is available at the request of an enforcing officer.
(f)Seed distributed in the state through formal or informal noncommercial seed sharing activities, including, but not limited to, seed libraries and seed exchanges.
(g)Seed sold by a seed microenterprise.
SEC. 6.Section 52486 of the Food and Agricultural Code is amended to read:52486.Sections 52481, 52482, and 52484 of this article do not apply to any of the following:
(a)Any common carrier in respect to any seed which that is transported or delivered for transportation in the ordinary course of its business as a carrier if such the carrier is not engaged in conditioning or merchandising seed which that is subject to the provisions of this chapter.
(b)A seed microenterprise that sells only untreated and uncertified seed.
(c)Noncommercial seed sharing.
|
Date
|
Status
|
|---|---|
| Jun 15, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on AGRI. |
| Sep 9, 2016 | Chaptered by Secretary of State - Chapter 259, Statutes of 2016. |
| Sep 9, 2016 | Approved by the Governor. |
| Aug 30, 2016 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 23, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 6163.). |
| Aug 23, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 19, 2016 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 21 pursuant to Assembly Rule 77. |
| Aug 18, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0.). |
| Aug 18, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 5124.). |
| Aug 18, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Aug 16, 2016 | Read second time. Ordered to third reading. |
| Aug 15, 2016 | Read third time and amended. Ordered to second reading. |
| Aug 2, 2016 | Read second time. Ordered to third reading. |
| Aug 1, 2016 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8. |
| Jun 21, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 21). Re-referred to Com. on APPR. |
| Feb 8, 2016 | Read first time. To print. |
| May 5, 2016 | Referred to Com. on AGRI. |
| Apr 25, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 1.) |
| Apr 25, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 1. Page 4501.) |
| Apr 25, 2016 | Read third time. Passed. Ordered to the Senate. |
| Apr 25, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 21, 2016 | Read second time. Ordered to third reading. |
| Apr 20, 2016 | From committee: Do pass. (Ayes 14. Noes 2.) (April 20). |
| Mar 31, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (March 30). Re-referred to Com. on APPR. |
| Mar 30, 2016 | Re-referred to Com. on AGRI. |
| Mar 29, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on AGRI. Read second time and amended. |
| Mar 28, 2016 | Re-referred to Com. on AGRI. |
| Mar 17, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on AGRI. Read second time and amended. |
| Feb 25, 2016 | Referred to Com. on AGRI. |
| Feb 9, 2016 | From printer. May be heard in committee March 10. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 23, 2016 | AB 1810 LEVINE Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 18, 2016 | Assembly 3rd Reading AB1810 Levine By Galgiani | Senate Floor |
Passed |
|
| Jun 21, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Agriculture |
Passed |
|
| Apr 25, 2016 | AB 1810 LEVINE Assembly Third Reading | Assembly Floor |
Passed |
|
| Apr 20, 2016 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 30, 2016 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Agriculture |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Alameda County Board of Supervisors | ** Support | Aug 18, 2016 |
| Ashland Cherryland Food Policy Council | ** Support | Aug 18, 2016 |
| California Climate & Agriculture Network | ** Support | Aug 18, 2016 |
| California Farmlink | ** Support | Aug 18, 2016 |
| California Guild | ** Support | Aug 18, 2016 |
| California State Guild | ** Support | Apr 20, 2016 |
| Community Alliance With Family Farmers | ** Support | Aug 18, 2016 |
| Earthshed Solutions | ** Support | Aug 18, 2016 |
| Ecology Center | ** Support | Aug 18, 2016 |
| El Cerrito City Council | ** Support | Aug 18, 2016 |
| Encinitas, City Of | ** Support | Aug 18, 2016 |
| Foothill Collaborative For Sustainability | ** Support | Aug 18, 2016 |
| Geschke Center | ** Support | Aug 18, 2016 |
| Humboldt Food Policy Council | ** Support | Aug 18, 2016 |
| Livermore Amador Valley Garden Club | ** Support | Apr 20, 2016 |
| Oakland Public Library | ** Support | Aug 18, 2016 |
| Occidental Arts & Ecology Center | ** Support | Aug 18, 2016 |
| Orange County Food Access Coalition | ** Support | Aug 18, 2016 |
| Orange Home Grown | ** Support | Aug 18, 2016 |
| Pesticide Action Network - North America | ** Support | Aug 18, 2016 |
| Richmond Grows Seed Lending Library | ** Support | Aug 18, 2016 |
| Richmond Grows Seed.Org | ** Support | Apr 20, 2016 |
| Riverbank Heirloom Garden Club | ** Support | Apr 20, 2016 |
| Santa Barbara Food Alliance | ** Support | Apr 20, 2016 |
| Seed Savers Exchange | ** Support | Aug 18, 2016 |
| Slow Food California | ** Support | Aug 18, 2016 |
| Sustainable Economies Law Center | ** Support | Aug 18, 2016 |
| The Farmers Guild | ** Support | Aug 18, 2016 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1810
Author:(Levine)
As Amended Ver:August 15, 2016
Majority vote
ASSEMBLY: | 73-1 | April 25, 2016 | SENATE: | 38-0 | (August 18, 2016) |
Original Committee Reference: AGRI.
SUMMARY: Exempts noncommercial seed sharing activities from California Seed Law (CSL) requirements; provides a definition for "noncommercial seed sharing activities"; permits the California Department of Food and Agriculture (CDFA) to require notification of such activities; provides legislative findings; and, permits CDFA to post on its Web site information on noncommercial seed sharing activities.
The Senate amendments delete the definition of "sell"; add the definition of "noncommercial seed sharing activity"; add to legislative findings; replace references of "a person" with the term "an entity"; permit CDFA to require noncommercial seed sharing entities to notify of their activities and prohibit CDFA charging any fee for this requirement; and, permit CDFA to post specified information on their Web site.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: Community seed-sharing events are growing in popularity with the goal of preserving and increasing seed genetic diversity. However, current law does not recognize the sharing of seeds on a small community scale, and supporters of this bill are concerned that the state could regulate the sale of such seed according to CSL, which would be infeasible due to labeling requirements such as detailed seed labels and germination tests. This bill defines "noncommercial seed sharing activities" and exempts them from seed labeling requirements.
While there have been concerns, no enforcement actions have been taken by CDFA under CSL against any community based seed-sharing entity. To help clarify the position of community based seed sharing, CDFA issued a seed advisory in May of 2016, regarding seed libraries, seed banks, and seed exchanges, determining that only those that required something in exchange for their seed, needed to follow CSL.
Since CDFA's published advisory, it is questioned if this bill is still needed.
Analysis Prepared by: Jim Collin / AGRI. / (916) 319-2084 FN: 0004313
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1810
:
SENATE AGRICULTURE COMMITTEE: 5-0, 6/21/16
AYES: Galgiani, Cannella, Berryhill, Pan, Wolk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 73-1, 4/25/16 - See last page for vote
SOURCE: Olive Elementary School, Novato Unified School District, 2015-16 fourth grade class and teachers
DIGEST: This bill defines “noncommercial seed sharing activity” and requires entities participating in these activities to notify the California Department of Food and Agriculture (CDFA); authorizes CDFA to post information on its website regarding noncommercial seed sharing activities; declares that the California Seed Law is intended to support noncommercial seed sharing; and exempts seed distributed or received by noncommercial seed sharing activities from seed labeling requirements.
Senate Floor Amendments of 8/15/16 delete the definition of “seed library” and, instead, define “noncommercial seed sharing activity.” These amendments also authorize CDFA to post information on its Web site about noncommercial seed sharing activities that include germination or varietal purity standards, compliance with seed patent law, and best practices for entities participating in noncommercial seed sharing activities, including public disclosure.
Existing law:
- Enacts the California Seed Law (CSL) 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 CSL 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. Funding for this program is entirely supported through industry seed assessments and registration fees and is administered by CDFA. (Food and Agriculture Code (FAC) §52251, et seq.).
- Creates the Seed Advisory Board to make recommendations to the secretary of CDFA in regards to seed law and regulations, enforcement, seed laboratory diagnostics, and annual budgets. Advisory board members are appointed by the secretary. The board consists of registered seed labelers representing seed production, conditioning, marketing and utilization; persons who receive or possess seed for sale in California; and two members of the public.
- Authorizes the secretary of CDFA to regulate seed sold in California to ensure that agricultural and vegetable seed is properly and accurately identified on the product label (Food and Agricultural Code § 52251 et seq.).
- Requires seed labels to include, among other requirements, seed name and variety, weight, germination percentage, and name and address of the person selling the seed.
- Requires every person selling agricultural or vegetable seed in California to register with CDFA to obtain authorization to sell seed, as specified.
- Requires registered persons to pay a maximum assessment fee of 40 cents per $100 gross annual dollar volume sales.
This bill:
- Defines “noncommercial seed sharing activity” to mean the receiving or giving away of seed by a noncommercial entity without the creation of a contractual obligation or an expectation to receive anything of value in return. However, this definition does not prohibit a noncommercial entity participating in these sharing activities from receiving the progeny of the seeds it distributes, to the extent that the sharing activity does not violate existing seed patent law.
- Exempts seed distributed or received by noncommercial seed sharing activities from seed labeling requirements.
- Declares that noncommercial seed sharing activities contribute significant value to the health of communities and the resilience of the food system, and declares that the CSL is intended to support noncommercial seed sharing activities but is not intended to supersede any provision of the California Rice Certification Act of 2000.
- Authorizes CDFA to post information on its Web site about noncommercial seed sharing activities that includes germination or varietal purity standards, compliance with seed patent law, and best practices for entities participating in noncommercial seed sharing activities, including public disclosure.
- Authorizes CDFA to require any entity that conducts a noncommercial seed sharing activity to provide notification of its operation. The notification shall include only the entity’s name and address and the contact information of the responsible party. No fee shall be assessed for this form, and no person shall be subject to penalties for failing to provide this notification without first receiving a written request to do so.
Comments
Need for this bill. Community seed-sharing events are growing in popularity with the goal of preserving and increasing seed genetic diversity. However, current law does not recognize the sharing of seeds on a small community scale. Supporters of this bill are concerned that the state could regulate the sale of such seed according to the CSL, which would be infeasible due to labeling requirements such as detailed seed labels and germination tests. This bill defines a “noncommercial seed sharing activity” and exempts this seed activity from seed labeling requirements.
CDFA Seed Advisory. On March 1, 2016, CDFA issued a seed advisory regarding seed libraries, seed banks, and seed exchanges. There had been several inquiries about whether these entities are required to obtain authorization to sell seeds per the seed law (Food and Agricultural Code § 52351) and whether they are “selling” seeds per the definition provided in FAC § 44. CDFA made the following determinations:
- Seed library activities do not meet the definition of “sell,” and seeds loaned to patrons are not subject to labeling requirements. Patrons, however, are not expected to provide any additional fees or services in exchange for their participation.
- Seed exchanges do meet the definition of “sell” and must comply with labeling requirements. Only the seed exchange organization, and not individual participants, needs to obtain authorization to sell seeds.
This CDFA advisory, however, did not provide a definition for “seed library.”
Library vs. sharing activity. Recent amendments removed the definition of “seed library” and replaced it with a definition for “noncommercial seed sharing activity.” This change was made so that entities that do not identify as seed libraries but perform similar activities are not excluded from the benefits provided in this bill.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Olive Elementary School, Novato Unified School District, 2015-16 fourth grade class and teachers (source)
Alameda County Board of Supervisors
Ashland Cherryland Food Policy Council
California Climate & Agriculture Network
California FarmLink
California Guild
City of Encinitas
Community Alliance with Family Farmers
Earthshed Solutions
Ecology Center
El Cerrito City Council
The Farmers Guild
Foothill Collaborative For Sustainability
Humboldt Food Policy Council
Oakland Public Library
Occidental Arts & Ecology Center
Orange County Food Access Coalition
Orange Home Grown
Pesticide Action Network – North America
Richmond Grows Seed Lending Library
Seed Savers Exchange
Slow Food California
Sustainable Economies Law Center
University of San Francisco Seed Library at Gleeson Library/Geschke Center
7 individuals
OPPOSITION: (Verified 8/15/16)
None received
ARGUMENTS IN SUPPORT: According to the author, “Seed libraries provide communities with free heirloom seeds, thereby empowering people to grow affordable healthy food, preserve culturally significant seed and adapt seed to local conditions. There are 450 seed libraries in the United States with 38 of those in California. The California Seed Law is intended to regulate seed sold to large scale agri-business, and that the testing and labeling requirements are burdensome and not feasible for community based seed sharing. The technical clarification to current law will ensure clarity.”
ASSEMBLY FLOOR: 73-1, 4/25/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Wood, Rendon
NOES: Frazier
NO VOTE RECORDED: Brough, Chang, Beth Gaines, Hadley, Olsen, Williams
8/16/16 18:00:05
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1810
:
SENATE AGRICULTURE COMMITTEE: 5-0, 6/21/16
AYES: Galgiani, Cannella, Berryhill, Pan, Wolk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 73-1, 4/25/16 - See last page for vote
SOURCE: Olive Elementary School, Novato Unified School District, 2015-16 fourth grade class and teachers
DIGEST: This bill defines “seed libraries” and requires seed library registration with the California Department of Food and Agriculture (CDFA); declares that the California Seed Law is intended to support noncommercial seed sharing, including through seed libraries; and exempts seed distributed or received by seed libraries from seed labeling requirements.
Existing law:
- Enacts the California Seed Law (CSL) 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 CSL 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. Funding for this program is entirely supported through industry seed assessments and registration fees and is administered by CDFA. (Food and Agriculture Code (FAC) §52251, et seq.).
- Creates the Seed Advisory Board to make recommendations to the secretary of CDFA in regards to seed law and regulations, enforcement, seed laboratory diagnostics, and annual budgets. Advisory board members are appointed by the secretary. The board consists of registered seed labelers representing seed production, conditioning, marketing and utilization; persons who receive or possess seed for sale in California; and two members of the public.
- Authorizes the secretary of CDFA to regulate seed sold in California to ensure that agricultural and vegetable seed is properly and accurately identified on the product label (Food and Agricultural Code § 52251 et seq.).
- Requires seed labels to include, among other requirements, seed name and variety, weight, germination percentage, and name and address of the person selling the seed.
- Requires every person selling agricultural or vegetable seed in California to register with CDFA to obtain authorization to sell seed, as specified.
- Requires registered persons to pay a maximum assessment fee of 40 cents per $100 gross annual dollar volume sales.
This bill:
- Defines “seed library” to mean a registered noncommercial entity that lends, receives, or gives away seed at a place or event without creating a contractual obligation or an expectation to receive anything of value in return.
- Exempts seed distributed or received by seed libraries from seed labeling requirements.
- Declares that noncommercial seed sharing contributes significant value to the health of communities and the resilience of the food system and declares that the CSL is intended to support noncommercial seed sharing, including through seed libraries, but is not intended to supersede any provision of the California Rice Certification Act of 2000.
- Authorizes CDFA to require any person or organization that operates a seed library to provide notification of its operation. The notification shall only include the entity’s name and address and the contact information of the responsible party. No fee shall be assessed for this form, and no person shall be subject to penalties for failing to provide this notification without first receiving a written request to do so.
Comments
Need for this bill. Community seed-sharing events are growing in popularity with the goal of preserving and increasing seed genetic diversity. However, current law does not recognize the sharing of seeds on a small community scale, and supporters of this bill are concerned that the state could regulate the sale of such seed according to the CSL, which would be infeasible due to labeling requirements such as detailed seed labels and germination tests. This bill defines “seed libraries” and exempt them from seed labeling requirements.
CDFA Seed Advisory. On March 1, 2016, CDFA issued a seed advisory regarding seed libraries, seed banks, and seed exchanges. There had been several inquiries about whether these entities are required to obtain authorization to sell seeds per the seed law (Food and Agricultural Code § 52351) and whether they are “selling’ seeds per the definition provided in FAC § 44. CDFA made the following determinations:
- Seed library activities do not meet the definition of “sell,” and seeds loaned to patrons are not subject to labeling requirements. Patrons, however, are not expected to provide any additional fees or services in exchange for their participation.
- Seed exchanges do meet the definition of “sell” and must comply with labeling requirements. Only the seed exchange organization, and not individual participants, needs to obtain authorization to sell seeds.
This CDFA advisory, however, did not provide a definition for “seed library.”
Seed progeny. Several organizations previously in support of this bill are now in a support if amended position due to concerns that the current definition of “seed library” in this bill could prevent a seed library from hoping that a seed borrower would return some of the progeny of the lended seed. According to these organizations, without this seed being returned, seed libraries will be unable to fulfill their central mission of ensuring that the food supply retains sufficient plant varieties locally and is responsive to the growing need to expand plant varieties what have been severely diminished in recent years.
Future amendments. Potential future author’s amendments include defining “noncommercial seed sharing activity” instead of “seed library” and an amendment to address the above concern regarding seed progeny.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Olive Elementary School, Novato Unified School District, 2015-16 fourth grade class and teachers (source)
Alameda County Board of Supervisors
Ashland Cherryland Food Policy Council
California FarmLink
City of Encinitas
Earthshed Solutions
Ecology Center
El Cerrito City Council
The Farmers Guild
Foothill Collaborative For Sustainability
Humboldt Food Policy Council
Oakland Public Library
Orange County Food Access Coalition
Orange Home Grown
Richmond Grows Seed Lending Library
Seed Savers Exchange
University of San Francisco Seed Library at Gleeson Library/Geschke Center
7 individuals
None received
ARGUMENTS IN SUPPORT: According to the author, “Seed libraries provide communities with free heirloom seeds, thereby empowering people to grow affordable healthy food, preserve culturally significant seed and adapt seed to local conditions. There are 450 seed libraries in the United States with 38 of those in California. The California Seed Law is intended to regulate seed sold to large scale agri-business, and that the testing and labeling requirements are burdensome and not feasible for community based seed sharing. The technical clarification to current law will ensure clarity.”
ASSEMBLY FLOOR: 73-1, 4/25/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Wood, Rendon
NOES: Frazier
NO VOTE RECORDED: Brough, Chang, Beth Gaines, Hadley, Olsen, Williams
8/3/16 18:31:55
**** END ****
SENATE COMMITTEE ON AGRICULTURE
Senator Cathleen Galgiani, Chair
2015 - 2016 Regular
Bill No: AB 1810 Hearing Date: 6/21/16
Author: | Levine | ||
Version: | 6/15/16 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Anne Megaro | ||
Subject: California Seed Law: exclusions: noncommercial seed sharing
SUMMARY
:
This bill would define “seed libraries” and require seed library registration with the California Department of Food and Agriculture (CDFA); declare that the California Seed Law is intended to support noncommercial seed sharing, including through seed libraries; and exempt seed distributed or received by seed libraries from seed labeling requirements.
BACKGROUND AND EXISTING LAW
:
The California Seed Law (CSL) 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 CSL 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. Funding for this program is entirely supported through industry seed assessments and registration fees and is administered by CDFA. (Food and Agriculture Code (FAC) §52251, et seq.).
The Seed Advisory Board was created to make recommendations to the secretary of CDFA in regards to seed law and regulations, enforcement, seed laboratory diagnostics, and annual budgets. Advisory board members are appointed by the secretary. The board consists of registered seed labelers representing seed production, conditioning, marketing and utilization; persons who receive or possess seed for sale in California; and two members of the public.
Existing law:
- Authorizes the secretary of CDFA to regulate seed sold in California to ensure that agricultural and vegetable seed is properly and accurately identified on the product label (Food and Agricultural Code § 52251 et seq.).
- Requires seed labels to include, among other requirements, seed name and variety, weight, germination percentage, and name and address of the person selling the seed.
- Requires every person selling agricultural or vegetable seed in California to register with CDFA to obtain authorization to sell seed, as specified.
- Requires registered persons to pay a maximum assessment fee of 40 cents per $100 gross annual dollar volume sales.
- Establishes the Seed Advisory Board to make recommendations to the secretary of CDFA in regards to seed law and regulations, enforcement, seed laboratory diagnostics, and annual budgets.
PROPOSED LAW
:
This bill:
- Defines “seed library” to mean a registered noncommercial entity that lends, receives, or gives away seed at a place or event without creating a contractual obligation or an expectation to receive anything of value in return.
- Exempts seed distributed or received by seed libraries from seed labeling requirements.
- Declares that noncommercial seed sharing contributes significant value to the health of communities and the resilience of the food system and declares that the California Seed Law is intended to support noncommercial seed sharing, including through seed libraries, but is not intended to supersede any provision of the California Rice Certification Act of 2000.
- Authorizes CDFA to require any person or organization that operates a seed library to provide notification of its operation. The notification shall only include the entity’s name and address and the contact information of the responsible party. No fee shall be assessed for this form, and no person shall be subject to penalties for failing to provide this notification without first receiving a written request to do so.
ARGUMENTS IN SUPPORT:
According to the author, “Seed libraries provide communities with free heirloom seeds, thereby empowering people to grow affordable healthy food, preserve culturally significant seed and adapt seed to local conditions. There are 450 seed libraries in the United States with 38 of those in California. The California Seed Law is intended to regulate seed sold to large scale agri-business, and that the testing and labeling requirements are burdensome and not feasible for community based seed sharing. The technical clarification to current law will ensure clarity.”
COMMENTS
:
Need for this bill. Community seed-sharing events are growing in popularity with the goal of preserving and increasing seed genetic diversity. However, current law does not recognize the sharing of seeds on a small community scale, and supporters of this bill are concerned that the state could regulate the sale of such seed according to the California Seed Law, which would be infeasible due to labeling requirements such as detailed seed labels and germination tests. This bill would define “seed libraries” and exempt them from seed labeling requirements.
CDFA Seed Advisory. On March 1, 2016, CDFA issued a seed advisory regarding seed libraries, seed banks, and seed exchanges. There had been several inquiries about whether these entities are required to obtain authorization to sell seeds per the seed law (Food and Agricultural Code § 52351) and whether they are “selling’ seeds per the definition provided in FAC § 44. CDFA made the following determinations:
- Seed library activities do not meet the definition of “sell,” and seeds loaned to patrons are not subject to labeling requirements. Patrons, however, are not expected to provide any additional fees or services in exchange for their participation.
- Seed exchanges do meet the definition of “sell” and must comply with labeling requirements. Only the seed exchange organization, and not individual participants, needs to obtain authorization to sell seeds.
This CDFA advisory, however, did not provide a definition for “seed library.”
Seed progeny. The California Guild and the Seed Library of Los Angeles are in a support if amended position because they are concerned that the current definition of “seed library” in this bill could prevent a seed library from hoping that a seed borrower would return some of the progeny of the lended seed. According to these organizations, without this seed being returned, seed libraries will be unable to fulfill their central mission of ensuring that the food supply retains sufficient plant varieties locally and is responsive to the growing need to expand plant varieties what have been severely diminished in recent years.
RELATED LEGISLATION
:
AB 2470 (Salas), Chapter 294, Statutes of 2014. Clarifies the definition of “person” to include corporations; clarifies the definition of “neighbor” to allow for the occasional sale of grain seed by the producer to their neighbor within three miles; prohibits the adoption or enforcement of a local ordinance that regulates plants, crops, or seeds without the consent of the secretary of CDFA.
SB 1399 (Galgiani), Chapter 277, Statutes of 2014. Extends to January 1, 2020, the operation of provisions of the California Seed Law, including a subvention program, and gives greater discretion to CDFA to determine the formula used to reimburse county agricultural commissioners for their work enforcing the seed law.
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.
PRIOR ACTIONS
:
Assembly Floor: | 73 - 1 |
Assembly Appropriations Committee: | 14 - 2 |
Assembly Agriculture Committee: | 8 - 1 |
SUPPORT
:
Olive Elementary School, Novato Unified School District, 2015-16 fourth grade class and teachers (Sponsor)
Alameda County Board of Supervisors
Ashland Cherryland Food Policy Council
California FarmLink
Center for Food Safety
City of Encinitas
Community Alliance with Family Farmers
Earthshed Solutions
Ecology Center
El Cerrito City Council
The Farmers Guild
Foothill Collaborative For Sustainability
Humboldt Food Policy Council
Oakland Public Library
Occidental Arts and Ecology Center
Orange County Food Access Coalition
Orange Home Grown
Richmond Grows Seed Lending Library
Seed Savers Exchange
Slow Food California
Sustainable Economies Law Center
University of San Francisco Seed Library at Gleeson Library/Geschke Center
7 individuals
OPPOSITION
:
None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 1810
Author:(Levine)
As Amended Ver:March 29, 2016
Majority vote
Committee | Votes | Ayes | Noes |
Agriculture | 8-1 | Dodd, Mathis, Eggman, Gallagher, Irwin, Jones-Sawyer, Quirk, Salas | Gray |
Appropriations | 14-2 | Gonzalez, Bloom, Bonilla, Bonta, Calderon, Daly, Eggman, Gallagher, Roger Hernández, Obernolte, Quirk, Santiago, Wagner, Wood | Bigelow, Chang |
SUMMARY: Adds new legislative findings, definitions and exemptions to the California Seed Law (CSL), pertaining to seed libraries; and makes technical changes. Specifically, this bill:
- Defines "sell" to mean to offer, expose, or possess for sale, and to commercially exchange, barter, or trade.
- Adds to the legislative findings that the California Seed Law (CSL) is not intended to regulate noncommercial seed sharing, including through seed libraries, seed exchanges, or other informal or formal noncommercial seed sharing activities.
- Exempts from penalties anyone collecting, storing, or distributing any labeled or unlabeled agricultural, flower, or vegetable seed for noncommercial purposes.
- Exempts from CSL the following activities including seed distributed through formal or informal noncommercial seed sharing activities, including, but not limited to, seed libraries and seed exchanges.
- Exempts noncommercial seed sharing from the following violations of CSL:
- The shipping or sale of seed without a germination test;
- The shipping or sale of mislabeled seed or seed containing excessive weed seed; and,
- The shipping of unlabeled seed.
- Makes various technical and non-substantial changes.
FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill will likely have minor and absorbable costs to the California Department of Food and Agriculture (CDFA) for: 1) Efforts to ensure newly exempted entities are trading, bartering, or exchanging seeds in a noncommercial manner; and 2) A reduction in fee collections as some firms claim non-commercial status.
COMMENTS: According to the author, seed libraries provide communities with free heirloom seeds, thereby empowering people to grow affordable healthy food, preserve culturally significant seed and adapt seed to local conditions. There are 450 seed libraries in the United States with 38 of those in California. Further, the author believes CSL is intended to regulate seed sold to large scale agri-business, and that the testing and labeling requirements are burdensome and not feasible for community based seed sharing.
CSL was enacted in 1967 to ensure that agricultural seed is properly and accurately identified on the product label. Seed is analyzed through the Seed Services program, and administered by CDFA. Purity of seed is a critical factor in preventing the unwanted spread of diseases, noxious and invasive weeds. The CSL is locally enforced by county agricultural commissioners.
Funding for this program is through industry seed assessments and registration fees, and is administered by CDFA. Every labeler of agricultural 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 $0.40 per $100 gross annual dollar volume sales. CDFA determines the rate of assessment, not to exceed CDFA's cost of carrying out these provisions.
See policy analysis for a more detailed analysis.
Analysis Prepared by: Jim Collin / AGRI. / (916) 319-2084 FN: 0002770
Date of Hearing: April 20, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 1810
Author:(Levine) – As Amended Ver:March 29, 2016
Policy Committee: | Agriculture | Vote: | 8 - 1 |
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill exempts noncommercial seed sharing from the labeling requirements and the applicable penalty provisions of the California Seed Law. It also defines “sell” for the purposes of California Seed Law to include offer, expose, or possess for sale and to commercial exchange, barter or trade, and states that the Legislature’s intent is not to regulate noncommercial seed sharing.
FISCAL EFFECT:
Likely minor and absorbable costs to the California Department of Food and Agriculture (CDFA) for: 1) Efforts to ensure newly exempted entities are trading, bartering, or exchanging seeds in a noncommercial manner; and 2) A reduction in fee collections as some firms claim non-commercial status.
COMMENTS:
- Purpose and background. The California Seed Law was originally passed to ensure the quality of seed sold to California consumers. The California Seed Law also establishes labeling requirements for sellers of agricultural, flower, and vegetable seed. These labeling requirements depend on the kind of seed offered for sale and the intended use, and they apply to anyone selling qualified seeds, even if such transactions do not involve money. According to the author, AB 1810 is intended to help preserve access to fresh vegetables and diversify the food supply by exempting noncommercial seed exchanges (also called seed libraries) from those requirements. This will help open up community access to health foods, assist in educating citizens about seed saving, and preserve the diversity of food.
- Unintended Consequences. In its current form, AB 1810 may have an unintended consequence of spreading unregulated seed-borne pathogens. The author may wish to consider registration provisions for seed libraries to help CDFA prevent such consequences.
Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081
Date of Hearing: March 30, 2016
ASSEMBLY COMMITTEE ON AGRICULTURE
Bill Dodd, Chair
ABPCA Bill Id:AB 1810 (
Author:Levine) – As Amended Ver:March 29, 2016
REVISED ANALYSIS
SUBJECT: California Seed Law: exclusions: noncommercial seed sharing.
SUMMARY: Adds new legislative findings, definitions and exemptions to the California Seed Law (CSL), pertaining to seed libraries; and makes technical changes. Specifically, this bill:
- Defines "sell" to mean to offer, expose, or possess for sale, and to commercially exchange, barter, or trade.
- Adds to the legislative findings that the California Seed Law (CSL) is not intended to regulate noncommercial seed sharing, including through seed libraries, seed exchanges, or other informal or formal noncommercial seed sharing activities.
- Adds penalty exemptions for the collecting, storing, or distributing any labeled or unlabeled agricultural, flower, or vegetable seed for noncommercial purposes.
- Adds to activities exempt from CSL to include seed distributed through formal or informal noncommercial seed sharing activities, including, but not limited to, seed libraries and seed exchanges.
- Adds an exemption for noncommercial seed sharing for the following violations of CSL:
- The shipping or sale of seed without a germination test;
- The shipping or sale of mislabeled seed or seed containing excessive weed seed; and,
- The shipping of unlabeled seed.
- Makes various technical and non-substantial changes.
EXISTING 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 annually register with 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 three miles 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.
CDFA, on March 1, 2016, published a SEED ADVISORY No. 01-2016, further clarifying existing law. It states that bona fide seed libraries that do not meet the definition of "sell" are exempt from labeling requirements of CSL, and seeds loaned to patrons are exempt from CSL labeling requirements; flower seed is not regulated by CSL; there are no labeling requirements for seed banks that only deposit without other transactions; and, small seed packets (1/2 pound or less) of vegetable seed only need label to state the kind of seed, variety name, seller or organization name and year it is to be planted.
FISCAL EFFECT: Unknown.
COMMENTS: According to the author, seed libraries provide communities with free heirloom seeds, thereby empowering people to grow affordable healthy food, preserve culturally significant seed and adapt seed to local conditions. There are 450 seed libraries in the United States with 38 of those in California. Further, the author believes CSL is intended to regulate seed sold to large scale agri-business, and that the testing and labeling requirements are burdensome and not feasible for community based seed sharing.
CSL was enacted in 1967 to ensure that agricultural seed is properly and accurately identified on the product label. Seed is analyzed through the Seed Services program, and administered by CDFA. Purity of seed is a critical factor in preventing the unwanted spread of diseases, noxious and invasive weeds. The CSL is locally enforced by county agricultural commissioners and agree to maintain a statewide compliance level on all seed sold in the county.
Funding for this program is through industry seed assessments and registration fees, and is administered by CDFA. Every labeler of agricultural 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. CDFA determines the rate of assessment, not to exceed CDFA's cost of carrying out these provisions.
Supporters of AB 1810 state that CSL stands in the way of community based initiatives working toward developing sustainable local food sources and that the outdated CSL language is creating a legal barrier for these efforts; primarily that CSL's definition of "sell" is too broad and capturers the sharing of seed. This issue has been a problem in other states as well.
Opponents state that this bill's noncommercial seed exchange language creates a loophole for potential spread of disease and invasive weeds. They can support relief from some of the provisions of CSL for bona fide seed libraries and exchanges, but believe all should register with CDFA, as there is value in communicating with them regarding diseases, invasive weeds and law updates.
The committee may wish to consider if this exemption from CSL creates an exposure to the introduction of disease and/or invasive pests, thereby exposing our agricultural industry and our ecosystem to potential harm. Further, CDFA's seed advisory clarifies that less than ½ pound of seed only needs minimal labeling requirements.
RELATED LEGISLATION: AB 2504 (Agriculture) of the 2016 Session, would authorize the Seed Advisory Board to advise the Secretary and make recommendations on assessments to fund research to benefit the alfalfa seed industry.
AB 264 (Dahle), Chapter 294, Statutes of 2015, removed seed from the definition of "farm product" under market enforcement provisions regarding produce dealers, thereby removing seed dealers from these provisions; retained one market enforcement provision pertaining to the use of product liens for seed owned and grown by a seed producer and sold to a seed dealer under contract; and, added to CSL the authority for the CDFA to establish methods and procedures to settle disputes regarding financial terms and lack of payment by a seed dealer to a seed grower.
SB 1399 (Galgiani), Chapter 277, Statutes of 2014, extended the dates CSL would become inoperable to July 1, 2019, and changed the methodology for county subventions.
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.
AB 2470 (Salas), Chapter 294, Statutes of 2013, added "corporation" to the definition of a "person"; defined "neighbor", for the purposes of this section, to mean a person living in close proximity, not to exceed three miles, to another; prohibited specified authorities, after January 1, 2015, from adopting or enforcing ordinances over plants, crops, or seeds, as specified; and, made technical wording changes to CSL.
AB 120 (Budget), Chapter 133, Statutes of 2011, among other changes, deleted specified exemption from CSL.
REGISTERED SUPPORT / OPPOSITION:
Support
Ashland Cherryland Food Policy Council
California Farm Link
California State Guild
Center for Food Safety
City of El Cerrito
Community Alliance with Family Farmers
Earthshed Solutions
Ecology center
Foothill Collaborative for Sustainability
Livermore Amador Valley Garden Club
Occidental Arts & Ecology Center
Orange Home Grown
Orange County Food Access Coalition
Pesticide Action Network, North America
Richmond Grows Seed.Org
Riverbank Heirloom Garden Club
Santa Barbara Food Alliance
Seed Savers Exchange
Sustainable Economies Law Center
The Farmers Guild
15 individuals
21 4th Grade Students from Olive Elementary School, Novato Unified School District
Opposition
None on file.
Analysis Prepared by: Jim Collin / AGRI. / (916) 319-2084
Discussed in Hearing
39SEC
Assembly Floor
1MIN
Senate Floor
1MIN
Assembly Floor
3MIN
Assembly Standing Committee on Appropriations
Bill Author
Bill Co-Author(s):
