California Senate Bill SB171 Introduced / Bill

 BILL NUMBER: SB 171INTRODUCED BILL TEXT INTRODUCED BY Senator Rubio FEBRUARY 5, 2013 An act to amend Sections 52256.5, 52288, and 52452 of the Food and Agricultural Code, relating to seed. LEGISLATIVE COUNSEL'S DIGEST SB 171, 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 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. 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  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, which gives   language that includes  all of the following information:  (a)   (1)   Commonly   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)   (2)   Lot   The lot  number or other lot identification.  (c)   (3)   Percentage   The percentage  by weight of all weed seeds.  (d)   (4)  The name and approximate number of each kind of restricted noxious weed seed per pound.  (e)   (5)   Percentage   The percentage  by weight of any agricultural seed except that which is required to be named on the label.  (f)   (6)   Percentage   The percentage  by weight of inert matter. If a percentage by weight is required to be shown by any provision of this  section such   section, 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)   (7)  For each agricultural  seed,  seed  in excess of 5 percent of the whole, stated in accordance with  subdivision (a) of this section,   paragraph (1),  the percentage of  germination,   germination  exclusive of hard  seed;   seed,  the percentage of hard seed, if  present;   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.   stated.   (h)   (8)  Name   The name  and address of the person  that   who  labeled the  seed,   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, not to exceed three miles, to another.