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

California Assembly Bill 1810 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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-Introduced.html

BILL NUMBER: AB 1810	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 8, 2016

   An act to amend Sections 52288, 52311, 52451, and 52486 of, and to
add Sections 52258.1 and 52258.2 to, the Food and Agricultural Code,
relating to seed.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1810, as introduced, Levine. California Seed Law: exclusions:
seed microenterprises and 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 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 52258.1 is added to the Food and Agricultural
Code, to read:
   52258.1.  "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
grower's 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.