California Senate Bill SB1187 Introduced / Bill

 BILL NUMBER: SB 1187INTRODUCED BILL TEXT INTRODUCED BY Senator Rubio FEBRUARY 22, 2012 An act to amend Sections 52256.5, 52288, and 52452 of the Food and Agricultural Code, relating to seed. LEGISLATIVE COUNSEL'S DIGEST SB 1187, as introduced, Rubio. California Seed Law. Existing law, the California Seed Law, regulates seed sold in California, and requires each container of seed that is sold within this state for sowing purposes to be labeled, 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 that 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 means a person who lives in close proximity 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. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. 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   industry-funded  research in order to improve the quality and variety of seed available to the consumer-buyer. SEC. 3. 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  which   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 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 , which gives   that includes  all of the following information:  (a) Commonly   (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.  (b) Lot   (2)     The lot  number or other lot identification.  (c) Percentage   (3)    The percentage  by weight of all weed seeds.  (d) The   (4)     The  name and approximate number of each kind of restricted noxious weed seed per pound.  (e) Percentage   (5)     The percentage  by weight of any agricultural seed except that which is required to be named on the label.  (f) Percentage   (6)     The percentage  by weight of inert matter. If a percentage by weight is required to be shown by any provision of this section  such   , that  percentage shall be exclusive of any substance  which   that  is added to the seed as a coating and shown on the label as such.  (g) For   (7)     For  each agricultural seed  ,  in excess of 5 percent of the whole, 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  such   the  percentages. Following the statement of  such  those  percentages, the additional statement "total germination and hard seed" may be stated  as such, if desired  .  (h) Name   (8)     The name  and address of the person  that   who  labeled the seed, or of the person  that   who  sells the seed within this state.  (b)    All determinations of noxious weed seeds are subject to tolerances and methods of determination  which are  prescribed in the regulations  which   that  are adopted pursuant to this chapter.  (c) For purposes of this section "neighbor" means a person who lives in close proximity to another.