Bill Text: CA AB1810 | 2015-2016 | Regular Session | Chaptered

---

Bill Title: California Seed Law: exclusions: noncommercial seed sharing.

Spectrum: Bipartisan Bill

Status: (Passed) 2016-09-09 - Chaptered by Secretary of State - Chapter 259, Statutes of 2016. [AB1810 Detail]

Download: California-2015-AB1810-Chaptered.html

---

BILL NUMBER: AB 1810	CHAPTERED
	BILL TEXT

	CHAPTER  259
	FILED WITH SECRETARY OF STATE  SEPTEMBER 9, 2016
	APPROVED BY GOVERNOR  SEPTEMBER 9, 2016
	PASSED THE SENATE  AUGUST 18, 2016
	PASSED THE ASSEMBLY  AUGUST 23, 2016
	AMENDED IN SENATE  AUGUST 15, 2016
	AMENDED IN SENATE  JUNE 15, 2016
	AMENDED IN ASSEMBLY  MARCH 29, 2016
	AMENDED IN ASSEMBLY  MARCH 17, 2016

INTRODUCED BY   Assembly Member Levine
   (Coauthor: Assembly Member Mathis)

                        FEBRUARY 8, 2016

   An act to amend Sections 52288 and 52451 of, and to add Sections
52255.5, 52289, and 52351.5 to, the Food and Agricultural Code,
relating to seed.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1810, Levine. California Seed Law: exclusions: noncommercial
seed sharing.
   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 PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  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 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 entity's 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.