Bill Text: CA AB2470 | 2013-2014 | Regular Session | Chaptered
Bill Title: California Seed Law.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-08-25 - Chaptered by Secretary of State - Chapter 294, Statutes of 2014. [AB2470 Detail]
Download: California-2013-AB2470-Chaptered.html
BILL NUMBER: AB 2470 CHAPTERED
BILL TEXT
CHAPTER 294
FILED WITH SECRETARY OF STATE AUGUST 25, 2014
APPROVED BY GOVERNOR AUGUST 25, 2014
PASSED THE SENATE AUGUST 7, 2014
PASSED THE ASSEMBLY AUGUST 11, 2014
AMENDED IN SENATE JUNE 11, 2014
INTRODUCED BY Assembly Member Salas
FEBRUARY 21, 2014
An act to amend Sections 52256.5, 52288, 52332, and 52452 of, and
to add Section 52334 to, the Food and Agricultural Code, relating to
seed.
LEGISLATIVE COUNSEL'S DIGEST
AB 2470, Salas. California Seed Law.
Existing law, the California Seed Law, regulates seed sold in
California, and requires each container of agricultural seed that is
for sale or sold within this state for sowing purposes to be labeled,
as specified, unless the sale is an occasional sale of seed grain by
the producer of the seed grain to his neighbor for use by the
purchaser within the county of production. Existing law defines
"person" for purposes of the California Seed Law to mean an
individual, partnership, trust association, cooperative association,
or any other business unit or organization.
This bill would clarify that definition of "person" to include
corporations. The bill would also clarify the term "neighbor" for
purposes of the labeling requirements specified above to mean a
person who lives in close proximity, not to exceed 3 miles, to
another. The bill would revise a statement of legislative intent to
include ensuring that the amount of seed represented on a tag or
label is properly identified.
Existing law authorizes the Secretary of Food and Agriculture, by
regulation, to adopt a list of plants and crops that the secretary
finds are or may be grown in this state from agricultural or
vegetable seed.
This bill would instead authorize the secretary, by regulation, to
adopt a list of plants and crops that the secretary finds are or may
be grown in this state. The bill would also prohibit a city, county,
or district, including a charter city or county, from adopting or
enforcing an ordinance on or after January 1, 2015, that regulates
plants, crops, or seeds without the consent of the secretary. The
bill would make other nonsubstantive changes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 52256.5 of the Food and Agricultural Code is
amended to read:
52256.5. "Person" also means any individual, partnership,
corporation, trust association, cooperative association, or any other
business unit or organization.
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.
SEC. 3. Section 52332 of the Food and Agricultural Code is amended
to read:
52332. The secretary, by regulation, may adopt all of the
following:
(a) A list of the plants and crops that the secretary finds are or
may be grown in this state.
(b) A list of the plants and crops that the secretary finds are
detrimental to agriculture if they occur incidentally in other crops,
and which, therefore, are classed as weed seed except if sold alone
or as a specific constituent of a definite seed mixture.
(c) A list of noxious weed seed that the secretary finds are
prohibited noxious weed seed, as defined in this chapter.
(d) A list of those noxious weed seed that are not classified as
prohibited noxious weed seed and are classified by this chapter as
restricted noxious weed seed.
(e) A list of substances that are likely to be used for treating
grain or other crop seed that the secretary finds and determines are
toxic to human beings or animals if used, and an appropriate warning
or caution statement for each substance.
(f) (1) Establish methods and procedures, upon the recommendation
of the board, for the conciliation, mediation, or arbitration of
disputes between labelers and any persons concerning conformance with
label statements, advertisements, or other disputes regarding the
quality or performance of seed. The methods and procedures shall be a
mandatory prerequisite to pursuing other dispute resolution
mechanisms, including, but not limited to, litigation. However, if
conciliation, mediation, or arbitration proceedings are commenced
under this section to resolve a controversy, the statute of
limitations that applies to a civil action concerning that
controversy is tolled upon commencement of conciliation, mediation,
or arbitration proceedings, and until 30 days after the completion of
those proceedings. As used in this subdivision, "completion of those
proceedings" means the filing of a statement of agreement or
nonagreement by the conciliator or mediator, or the rendering of a
decision by an arbitrator or arbitration committee.
(2) Conciliation, mediation, or arbitration shall not affect any
enforcement action by the secretary pursuant to this chapter.
Regulations adopted by the secretary for the mandatory conciliation,
mediation, or arbitration of disputes shall require that adequate
notice be provided on the seed label notifying any buyer of the
requirement to submit a dispute to mandatory conciliation, mediation,
or arbitration as a prerequisite to other dispute resolution
mechanisms, including litigation.
(g) Establish additional labeling requirements for coated,
pelleted, encapsulated, mat, tape, or any other germination medium or
device used on seed in order that the purchaser or consumer will be
informed as to the actual amount of seed purchased.
SEC. 4. Section 52334 is added to the Food and Agricultural Code,
to read:
52334. Notwithstanding any other law, on and after January 1,
2015, a city, county, or district, including a charter city or
county, shall not adopt or enforce an ordinance that regulates
plants, crops, or seeds without the consent of the secretary. An
ordinance enacted before January 1, 2015, shall be considered part of
the comprehensive program of the department and shall be
enforceable.
SEC. 5. Section 52452 of the Food and Agricultural Code is amended
to read:
52452. (a) Except as otherwise provided in Section 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 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.
