text:
The Legislature finds and declares all of the following:

(a) There are many Californians who lack adequate access to healthy food.

(b) The lack of access to healthy food falls disproportionately on disadvantaged urban and rural communities.

(c) These same communities also suffer from an increased rate of obesity, diabetes, and other chronic health conditions related to poor diet.

(d) Facilitating access to healthy food in these communities is needed to address the gaps in the food distribution system and help mitigate the health consequences of this inadequacy.

(e) There are many county, state, federal, and private organizations attempting to address this issue, but there is no state-level body charged with coordinating these activities.

(f) A state-level office, charged with coordinating and facilitating food access, can increase the effectiveness of ongoing programs and ensure that efforts and funding are not duplicated.

(g) The Department of Food and Agriculture is uniquely situated to administer this office because of the department’s knowledge of the agricultural industry, and its ability to bring farmers together with hunger relief organizations, partner agencies, schools, colleges, community organizations, and others to increase the availability of healthy food.

history: (History: Added by Stats. 2014, Ch. 583, Sec. 1. (AB 2413) Effective January 1, 2015.)

chapter: 12. Office of Farm to Fork

path: 17. FRUIT, NUT, AND VEGETABLE STANDARDS > 12. Office of Farm to Fork


kind: section

code: FAC

text:
There is hereby created in the department the Office of Farm to Fork. To the extent that resources are available, this office shall work with the agricultural industry, direct marketing organizations, food policy councils, public health groups, nonprofit and philanthropic organizations, academic institutions, district agricultural associations, county, state, and federal agencies, and other organizations involved in promoting food access to increase the amount of agricultural products available to underserved communities and schools in this state. The office, under the auspices of the department, shall do all of the following:

(a) Work with regional and statewide stakeholders to identify urban and rural communities that lack access to healthy food, determine current barriers to food access, and share information to encourage best practices.

(b) Coordinate with other local, state, and federal agencies to promote and increase awareness of programs that promote greater food access.

(c) Promote greater retail sale of healthy food in underserved communities, including promoting the acceptance of California Special Supplemental Nutritional Program for Women, Infants, and Children (WIC) and CalFresh benefits at certified farmers’ markets, encouraging the development and sustainability of local policies that support urban agriculture, increasing the number and quality of food retail outlets in inner city and rural communities, and maximizing resources in the interest of increasing food access.

(d) Foster partnerships between community partners, including farmers, businesses, and nonprofit and philanthropic organizations.

(e) Identify distribution barriers that affect limited food access, including, but not limited to, shortage of food retail outlets, limited store capacity, high distribution costs, and lack of capital funding opportunities, and work to overcome those barriers through the following:

(1) Encouraging food hubs or other aggregation systems.

(2) Coordinating institutional food procurement and buying practices.

(3) Increasing access to information, technical assistance, and resources, including developing opportunities through the California Healthy Food Financing Initiative (Article 3 (commencing with Section 104660) of Chapter 2 of Part 3 of Division 103 of the Health and Safety Code) in the office of the Treasurer.

(f) Identify opportunities and provide technical assistance for collaboration between farmers, regional and local food banks, partner agencies, and nonprofit charitable organizations in the gleaning, collection, and distribution of agricultural products for the purposes of reducing hunger and increasing access to healthy foods.

(g) Identify informational resources and organizations to provide technical assistance on small scale and backyard farming, community gardens, and other agricultural products for residents of underserved communities.

(h) Identify opportunities for collaboration with community organizations, social services, and partner agencies to provide cooking and nutrition education classes to residents of underserved communities.

(i) Coordinate with school districts and representatives to do the following:

(1) Provide tools to facilitate relationships between local producers and school food procurement personnel, and encourage opportunities to incorporate best purchasing practices such as Good Agricultural Practices (GAP) certification and insurance.

(2) Increase the nutritional profile of foods provided in schools.

(3) Increase access to nutrition education programs and information in schools.

division: 17. FRUIT, NUT, AND VEGETABLE STANDARDS


text:
(a) There is hereby created the Farm to Fork Account in the Department of Food and Agriculture Fund that shall consist of money made available from federal, state, industry, philanthropic, and private sources.

(b) Notwithstanding Section 13340 of the Government Code, all money deposited in the Farm to Fork Account is hereby continuously appropriated to the department without regard to fiscal years to carry out the purposes of this chapter.


text: This chapter shall be known, and may be cited, as the California Nutrition Incentives Act.

history: (History: Added by Stats. 2015, Ch. 442, Sec. 2. (AB 1321) Effective January 1, 2016.)

path: 17. FRUIT, NUT, AND VEGETABLE STANDARDS > 13. Nutrition Incentive Matching Grant Program


text: The Nutrition Incentive Matching Grant Program is hereby established in the Office of Farm to Fork for purposes of encouraging the purchase and consumption of California fresh fruits, nuts, and vegetables by directly linking California fresh fruit, nut, and vegetable producers with nutrition benefit clients.

chapter: 13. Nutrition Incentive Matching Grant Program


text:
For purposes of this chapter, the following definitions shall apply:

(a) “Consumer incentive program” means a program administered by a qualified entity that increases the purchasing value of a nutrition benefit client’s benefits when the benefits are used to purchase California fresh fruits, nuts, and vegetables.

(b) “Nutrition benefit client” means a person who receives services or payments through any of the following:

(1) California Special Supplemental Nutrition Program for Women, Infants, and Children, as described in Section 123280 of the Health and Safety Code.

(2) CalWORKs program, as described in Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code.

(3) CalFresh, as described in Section 18900.2 of the Welfare and Institutions Code.

(4) Implementation of the federal WIC Farmers’ Market Nutrition Act of 1992 (Public Law 102-314).

(5) The Senior Farmers’ Market Nutrition Program, as described in Section 3007 of Title 7 of the United States Code.

(6) Supplemental Security Income or State Supplementary Payment, as described in Section 1381 and following of Title 42 of the United States Code.

(c) “Qualified entity” means either of the following:

(1) A certified farmers’ market, as described in Section 47004, an association of certified producers, a community-supported agriculture program, as defined in Section 47060, a farm stand, as defined in Section 47050, or a nonprofit organization representing a collective or association of certified producers that is authorized by the United States Department of Agriculture to accept federal Supplemental Nutrition Assistance Program (Chapter 51 (commencing with Section 2011) of Title 7 of the United States Code) benefits from recipient purchasers at a farmers’ market. Certified producers shall be certified by the county agricultural commissioner pursuant to Section 47020.

(2) A small business, as defined in Section 14837 of the Government Code, that sells California grown fresh fruits, nuts, and vegetables and that is authorized to accept nutrition benefits from any of the programs listed in paragraphs (1) to (6), inclusive, of subdivision (b).

history: (History: Amended by Stats. 2018, Ch. 51, Sec. 2. (SB 854) Effective June 27, 2018.)


text:
(a) The Nutrition Incentive Matching Grant Account is hereby created in the Department of Food and Agriculture Fund to collect matching funds from the federal Food Insecurity Nutrition Incentive Grant Program (7 U.S.C. Sec. 7517), if available, and from other public and private sources, to provide grants under the Nutrition Incentive Matching Grant Program. The Nutrition Incentive Matching Grant Program shall provide grants upon the deposit of sufficient funds, including from a successful application of federal grant funding, if available, into the Nutrition Incentive Matching Grant Account.

(b) Notwithstanding any other law, the department may provide grant funds to a grantee in advance of the expenditure of funds by the grantee for implementation of the Nutrition Incentive Matching Grant Program, instead of in the form of a reimbursement after the expenditure of funds for that program, in an amount equal to or less than 50 percent of the grant amount provided in the grantee’s grant agreement pursuant to subdivision (a) and Section 49014, if both of the following conditions are met:

(1) The grantee has declared an operating budget of no more than five hundred thousand dollars ($500,000).

(2) The department makes a determination, based upon a request submitted by the grantee declaring hardship, that an advance payment is essential for the effective implementation of the Nutrition Incentive Matching Grant Program by the grantee.

history: (History: Amended by Stats. 2018, Ch. 51, Sec. 3. (SB 854) Effective June 27, 2018.)


text:
The Nutrition Incentive Matching Grant Program shall be administered in accordance with all of the following:

(a) Subject to the regulations adopted by the National Institute of Food and Agriculture in the United States Department of Agriculture in accordance with the federal Agricultural Act of 2014 (Public Law 113-79), or any subsequent federal agricultural act, moneys in the Nutrition Incentive Matching Grant Account shall be awarded in the form of grants to qualified entities for consumer incentive programs.

(b) (1) The Office of Farm to Fork shall establish minimum standards, funding schedules, and procedures for awarding grants in consultation with the United States Department of Agriculture and other interested stakeholders, including, but not limited to, the State Department of Public Health, State Department of Social Services, organizations with expertise in nutrition benefit programs or consumer incentive programs, small business owners that may qualify as a qualified entity, and certified farmers’ market operators.

(2) The department shall not use more than one-third of the Nutrition Incentive Matching Grant Program funds for consumer incentive programs with qualified entities described in paragraph (2) of subdivision (c) of Section 49012 that are not otherwise qualified pursuant to paragraph (1) of that subdivision.

(c) The department shall give priority in awarding grants to qualified entities based on, but not limited to, the following:

(1) The service of an area of population currently not being served by a consumer incentive program.

(2) The degree of the existence of the following demographic conditions and the character of the communities in which sales of California grown fresh fruits, nuts, and vegetables are made to the public by authorized vendors operating in conjunction with a qualified entity:

(A) The number of people who are eligible for, or receiving, nutrition benefit program services.

(B) The prevalence of diabetes, obesity, and other diet-related illnesses.

(C) The availability of access to fresh fruits, nuts, and vegetables.

(3) Demonstrated efficiency in the administration of a consumer incentive program.

history: (History: Amended by Stats. 2018, Ch. 51, Sec. 4. (SB 854) Effective June 27, 2018.)


text:
(a) For purposes of this section, the following definitions shall apply:

(1) “Corner store” means a small-scale store or grocery store, either an independent store or a chain store, that sells a limited selection of foods and other products, and that is located in a low-income area or low-access area in a rural, urban, or suburban area or tribal community. “Corner store” includes, among others, stores that are not located on a corner and stores commonly referred to as convenience stores or neighborhood stores.

(2) “Low-access area” means a census tract in which there are significant barriers to accessing a supermarket or large grocery store, which may include, but is not limited to, a census tract with at least 500 persons or 33 percent of the population that lives more than one mile, for nonrural areas, or more than 10 miles, for rural areas, from a supermarket or large grocery store.

(3) “Low-income area” means a census tract in which the income of at least 20 percent of the population is at or below the federal poverty level by family size, or if the median family income of the population is at or below 80 percent of the median family income of surrounding census tracts.

(4) “Minimally processed prepared food” may include any food prepared using either of the following processes:

(A) Traditional processes used to make food edible or to preserve it or to make it safe for human consumption, for example, smoking, roasting, freezing, drying, and fermenting.

(B) Physical processes that do not fundamentally alter the raw product or that only separate a whole, intact food into component parts, for example, grinding meat, separating eggs into albumen and yolk, and pressing fruits to produce juices.

(5) “Qualified entity” means any of the following:

(A) A small business or corner store.

(B) A city, county, or city and county, or tribal government or tribal organization with representative low-income areas that contain small businesses or corner stores or that is qualified to provide technical assistance to applicant small businesses or corner stores.

(C) A nonprofit entity or tribal government that works with low-income populations or in low-income areas or low-access areas, and that would do any of the following:

(i) Apply for grants on behalf of a small business, corner store, or tribal members, or a collection of small businesses, corner stores, or tribal members.

(ii) Sell or donate California-grown fresh fruits, nuts, vegetables, and minimally processed prepared foods directly in low-income areas or low-access areas.

(iii) Provide technical assistance to applicant small businesses or corner stores.

(6) “Recipient” means a small business, corner store, city, county, city and county, tribal government or tribal organization, or other nonprofit entity that is provided funds pursuant to subdivision (c).

(7) “Small business” means a small business, as defined in Section 14837 of the Government Code, that is authorized to accept nutrition benefits from any of the programs listed in paragraphs (1) to (6), inclusive, of subdivision (b) of Section 49012, and is located in a low-income area or low-access area.

(b) The Healthy Refrigeration Grant Program shall be created in the department upon the appropriation of funds, including from a successful application of federal grant funding, if available, by the Legislature for purposes of the Healthy Refrigeration Grant Program.

(c) (1) Upon an appropriation of funds as specified in subdivision (b), the department shall administer the Healthy Refrigeration Grant Program and, pursuant to the program, award grants to qualified entities. If a city, county, or city and county is awarded a grant pursuant to this subdivision, it shall provide grant funds or provide technical assistance, or both, to applicant small businesses and corner stores that are located in low-income areas or low-access areas. Notwithstanding any other law, the department may pay funds to a recipient in advance of the expenditure of funds by the recipient for implementation of the Healthy Refrigeration Grant Program, instead of in the form of a reimbursement after the expenditure of funds for that program, in an amount equal to or less than 90 percent of the grant amount provided in the recipient’s grant agreement.

(2) The department shall award funds to qualified technical assistance providers to provide assistance with grant implementation for program applicants who are not receiving assistance from another recipient. The department shall allocate at least 3 percent of the total amount appropriated to the department in each fiscal year pursuant to subdivision (b) to qualified technical assistance providers pursuant to this paragraph.

(3) When awarding grants, the department shall give priority based on, but not limited to, the prevalence of any of the following in the communities that would be served by the qualified entity:

(A) People who are eligible for, or are receiving, nutrition benefits from any of the programs listed in paragraphs (1) to (6), inclusive, of subdivision (b) of Section 49012.

(B) People with diabetes, obesity, or other diet-related illnesses.

(C) Low availability of and access to fresh fruits, nuts, and vegetables.

(4) When awarding grants, the department shall consider giving priority to qualified entities based on, but not limited to, demonstrated efficiency and capability in the administration of a consumer incentive program, as defined in subdivision (a) of Section 49012.

(5) The department may establish regulations, minimum standards, funding schedules, and procedures for awarding grants to qualified entities, and may adopt any other regulations to implement and administer the Healthy Refrigeration Grant Program.

(d) A recipient shall be required to do all of the following:

(1) Use the grant funds provided pursuant to subdivision (c) to purchase an energy-efficient refrigeration or cold storage unit or units or to provide technical assistance, or both.

(2) Prioritize stocking the refrigeration unit or units purchased with Healthy Refrigeration Grant Program grant funds with California-grown fresh fruits, nuts, vegetables, dairy products, meat, eggs, and minimally processed prepared foods.

(3) Offer for sale fresh fruits, nuts, vegetables, and minimally processed prepared foods, including culturally appropriate foods, grown in California to the extent that is possible.

(e) A recipient shall be subject to reporting and auditing requirements, as determined by the department.

(f) A city, county, city and county, tribal government, tribal organization, or nonprofit entity that is awarded a grant pursuant to paragraph (1) of subdivision (c) and is providing grant funds to corner stores or small businesses to purchase refrigeration equipment may use up to 20 percent of Healthy Refrigeration Grant Program grant funds for technical assistance.

(g) Sections 9 and 42971 do not apply for a violation of this section or any regulation adopted pursuant to paragraph (5) of subdivision (c).

history: (History: Amended by Stats. 2021, Ch. 258, Sec. 1. (SB 155) Effective September 23, 2021.)


text: The receipt of a grant under either program established in this chapter shall not preclude an entity from being eligible to receive a grant under the other program.

history: (History: Added by Stats. 2018, Ch. 51, Sec. 6. (SB 854) Effective June 27, 2018.)


text:
(a) This chapter shall be known, and may be cited as, the Local, Equitable Access to Food (LEAF) Program.

(b) Upon an appropriation by the Legislature for these purposes, the Department of Food and Agriculture, with support from the State Department of Social Services, shall establish a grant program designed to expand the use of EBT acceptance systems at California certified farmers’ markets or tribe-operated farmer’s markets on Indian reservations.

(c) The grant program described in subdivision (b) shall include both of the following:

(1) Grants to certified farmers’ market operators or farmers’ markets operated by tribal governments on Indian reservations to expand the use of EBT acceptance systems at farmers’ markets.

(A) A certified farmers’ market shall only be eligible for a grant pursuant to this paragraph if the certified farmers’ market operator is a local government, a certified producer, or a nonprofit organization.

(B) A certified farmers’ market may use grant funds received pursuant to this paragraph for any activities relating to expanding the use of EBT acceptance systems at farmers’ markets, which may include, but is not limited to, any of the following:

(i) Scaling and improving EBT processes at existing certified farmers’ markets.

(ii) Establishing new certified farmers’ markets that accept payment via EBT cards, primarily in underserved communities, including, but not limited to, those in food deserts or with high CalFresh participation.

(iii) Operational services, which may include, but is not limited to, the hiring of individuals to operate the EBT acceptance systems and programs that expand the purchasing power of customers using CalFresh benefits at farmers’ markets. A certified farmers’ market may use grant funds to contract with a third party to operate an EBT acceptance system only if the third party is a nonprofit organization that is incorporated in California.

(iv) Technical assistance, which may include, but is not limited to, employing a third party nonprofit organization to provide any back-end assistance required to help make a certified farmers’ market a successful and effective EBT retailer.

(v) Educational and outreach activities promoting the ability to use EBT cards at certified farmers’ markets.

(C) If a certified farmers’ market uses grant funds to hire an individual, or to contract with a third party, to operate an EBT acceptance system, all of the following shall apply:

(i) The person operating the EBT acceptance system shall be available at all times the certified farmers’ market is open to the public.

(ii) Vendors at the farmers’ market shall not be charged a fee for the operation of an EBT acceptance system.

(iii) Vendors shall be reimbursed in full for purchases made using an EBT acceptance system at least once per month.

(iv) The person operating the EBT acceptance system shall be located in a central and highly visible area of the farmers’ market.

(v) The person operating the EBT acceptance system shall provide a monthly report to the department with the number of EBT transactions, the amount of CalFresh benefits distributed, and the amount of CalFresh benefits redeemed for each day that the farmers’ market operates.

(D) A certified farmers’ market that receives a grant pursuant to this paragraph shall annually submit a report to the department documenting the use of grant funds and demonstrating that grant funds were used to expand the use of EBT acceptance systems at the farmers’ market.

(2) Grants to nonprofit organizations to provide technical assistance to certified farmers’ markets on the implementation of high-quality EBT acceptance systems.

(A) A nonprofit organization shall only be eligible for a grant pursuant to this paragraph if it is incorporated in California.

(B) The Department of Food and Agriculture shall issue a request for proposals and shall award a grant to one nonprofit organization for each region. The department may award grants for multiple regions to the same nonprofit organization. In selecting grant recipients, the department shall consider demonstrated expertise, capacity, and geographic proximity to certified farmers’ markets.

(C) Nonprofit organizations that receive a grant pursuant to this paragraph may use grant funds to assist certified farmers’ markets in becoming authorized retailers under the CalFresh program, to request free point-of-sale terminals for certified farmers’ markets, and to advise certified farmers’ markets on best practices, including, but not limited to, practices that may help expand the purchasing power of CalFresh benefits at certified farmers’ markets, help to procure market scrip, and acquiring appropriate signage.

(D) Nonprofit organizations that receive a grant pursuant to this paragraph shall use grant funds to create materials that explain the EBT transaction process and shall translate those materials into every language spoken by at least 2 percent of the state’s residents.

(d) Of any appropriation made for the purposes of this chapter, the Department of Food and Agriculture and the State Department of Social Services shall not use more than 5 percent for administrative costs associated with the LEAF program.

history: (History: Added by Stats. 2022, Ch. 605, Sec. 1. (SB 907) Effective January 1, 2023.)

path: 17. FRUIT, NUT, AND VEGETABLE STANDARDS > 14. Local, Equitable Access to Food Program


text:
Nine months after the Department of Food and Agriculture has issued sufficient grants to evaluate the program established pursuant to this chapter, the department shall submit a report to all appropriate legislative committees. The report shall include, at a minimum, all of the following:

(a) The number of grants issued pursuant to paragraphs (1) and (2) of subdivision (c) of Section 49020.

(b) The average amount of grant funds awarded.

(c) Geographical information for grantees.

(d) The number of grantees located in a food desert, as defined in Section 49015.

(e) Data for the 12 months prior to the grant’s implementation, if available, and annually thereafter for all of the following metrics:

(1) The total benefit dollars spent by CalFresh participants per market.

(2) The average total benefit dollars spent at markets in food deserts and in areas with high CalFresh participation.

(3) An estimate of the change in EBT use relative to the marketing and outreach efforts of grantees.

chapter: 14. Local, Equitable Access to Food Program


text: This chapter shall be known, and may be cited, as the California Farm to School Act.

history: (History: Added by Stats. 2026, Ch. 84, Sec. 6. (SB 172) Effective July 13, 2026.)

chapter: 14.5. California Farm to School Act

path: 17. FRUIT, NUT, AND VEGETABLE STANDARDS > 14.5. California Farm to School Act


text:
(a) The California Farm to School Program is hereby established, under the administration of the Office of Farm to Fork, for purposes of cultivating equity, nurturing students, building climate resilience, and creating scalable and sustainable change in the school food system.

(b) The California Farm to School Program shall do all of the following:

(1) Increase procurement of foods that are grown or produced in California and are whole or are minimally processed from food producers in California for school meal programs.

(2) Increase hands-on food education opportunities that engage pupils and connect the classroom with the cafeteria, such as activities in school gardens, on farms, in culinary classes, in settings that celebrate traditional foodways and cultivate food sovereignty, and through other experiential learning pathways.

(3) Use regional staff to provide technical assistance and resources, facilitate relationships between local producers and school personnel, and encourage opportunities to incorporate best practices related to scratch cooking, hands-on education, Good Agricultural Practices (GAP), food safety, infrastructure, climate-smart agricultural practices, certification, and insurance.

(4) Develop programming for the California Farm to School Program in consultation with the State Department of Education, the State Department of Social Services, the State Department of Public Health, and any other relevant departments as needed.

(5) Administer the California Farm to School Incubator Grant Program.

(6) Collect data to evaluate program goals and implementation progress.

(c) The office may implement initiatives under the California Farm to School Program, including, but not limited to, initiatives that do any of the following:

(1) Advance the California farm to school network.

(2) Facilitate a California Farm to School Interagency Working Group, including, but not limited to, all of the following state agencies:

(A) State Department of Education.

(B) California Environmental Protection Agency.

(C) California Health and Human Services Agency.

(D) Labor and Workforce Development Agency.

(3) Further workforce development and kitchen infrastructure.

(4) Expand youth leadership opportunities related to farm to school.

(5) Strengthen supply chain infrastructure and transparency related to institutional procurement.

(6) Support farm-to-institution projects that leverage the department’s expertise.


text: The department may adopt regulations necessary to implement and administer the California Farm to School Program.


text: As used in this chapter, “field crop products” includes grain crops, dry bean crops, seeds, forage crops, fiber crops, and other field crops and the manufactured products and byproducts of such field crops.

history: (History: Enacted by Stats. 1967, Ch. 15.)

chapter: 1. Field Crops

article: 1. Definitions and General Provisions

path: 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS > 1. Field Crops > 1. Definitions and General Provisions


text:
The director shall do all of the following:

(a) Establish, by regulation, uniform standards for field crop products which shall conform as closely as possible to those which are established by the Secretary of the United States Department of Agriculture.

(b) Establish inspection districts within the state. If such a district is established, inspection service may be rendered in it in accordance with regulations which are adopted by the director.

(c) Establish, upon request, inspection stations at warehouses, docks, or industrial plants, which are within or without an established inspection district. The director may make special regulations which are applicable to each specific inspection station and the conditions under which it shall be established and maintained.

(d) Provide through the regularly established inspection district and stations, sampling, grading, inspection, weighing, and certification service for field crop products within the state or which are shipped into or through the state.

(e) Issue certificates as to quality, condition, and quantity of field crop or other agricultural products in accordance with standards which are established pursuant to this chapter, or any other standards which may be fixed by trade or contract and which do not conflict with official standards.

(f) Adopt regulations for sampling, grading, inspection, weighing, and certification for the purposes of carrying out this chapter.

(g) Fix fees for sampling, grading, inspection, weighing, and certification of field crop products, which fees in the aggregate shall pay the cost of services necessary to perform such sampling, grading, inspection, weighing, and certification. The director may collect such fees in advance of performing the services, but is not required to do so if in his opinion the benefits of such services would be lessened by such advance payments.

history: (History: Amended by Stats. 1980, Ch. 790.)

division: 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS

article: 1. Definitions and General Provisions


text: The director may enter any place where field crop products are stored, shipped, or sold, for the purpose of carrying out the provisions of this chapter.

article: 1. Definitions and General Provisions


text: The director may, for the purpose of inspection and examination, break the seals of cars and after such inspection has been made shall securely close and reseal such doors as were broken open using a special seal which is provided by the department for the purpose. A record of all original seals broken, the date when broken, a record of all seals which were substituted thereafter, and the date and number of such seals shall be made.

article: 1. Definitions and General Provisions


text: Any railroad which delivers field crop products in cars at any place which is provided with inspection service pursuant to this chapter shall provide convenient and suitable sidetracks at such place as the director may designate, on which every car of field crop products which is delivered by them shall, upon arrival, be set and conveniently arranged for inspection, if such car of field crop products is to be inspected.

article: 1. Definitions and General Provisions


text: The director may assess a penalty of 1.5 percent per month, or fraction thereof, on any fees owed to the department for services rendered under this chapter whenever payment is not received within 30 days after the date of the invoice. The penalty shall be added to the original fee. In no event shall the total penalty for any one billed service exceed 50 percent of the original amount due for that service.

history: (History: Added by Stats. 1984, Ch. 996, Sec. 6.)

article: 1. Definitions and General Provisions


text: The director shall issue to each employee who is authorized to grade, inspect, or weigh the products which are included under this chapter, except those products for which standards have been established pursuant to federal law, a certificate which shows such authority.

article: 2. Employees

path: 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS > 1. Field Crops > 2. Employees


text:
The director shall inspect, weigh, and grade upon request and certify to any interested party the quality, condition, and quantity of any field crop or other agricultural product under such regulations as he may prescribe. Certificates which are issued by authorized agents of the director are prima facie evidence of the truth of the statements which are contained in them. The presumption established by this section is a presumption affecting the burden of proof, but it does not apply in a criminal action.

Such inspection shall not be made or such certificates issued by any person not specifically authorized by the director in reference to any field crop product for which state standards have been established. Any person so authorized shall comply with the regulations adopted by the director relative to the certification of field crop products.

path: 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS > 1. Field Crops > 3. Inspection, Grading, Weighing, and Certification


text: Any person that is aggrieved by the grading by any authorized inspector of any of the products for which standards have been established pursuant to this chapter may appeal to the director in accordance with such regulations as he may establish. If the appeal pertains to a commodity for which standards have been established pursuant to federal law, the appellant may appeal to the Federal Grain Inspection Service.

article: 3. Inspection, Grading, Weighing, and Certification


text: Any money which is received under this chapter shall be paid monthly into the State Treasury and placed to the credit of the Department of Agriculture Fund.

article: 4. Disposition of Funds

path: 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS > 1. Field Crops > 4. Disposition of Funds


text:
(a) Any person who willfully and knowingly damages or destroys any field crop product, as specified in Sections 42510 and 52001, that is known by the person to be the subject of testing or a product development program being conducted by, or in conjunction or cooperation with the University of California, the California State University System, or any other federal, state, or local government agency, shall be liable for twice the value of the crop damaged or destroyed. For purposes of this subdivision, “in conjunction or cooperation with” means having a contract with the University of California, the California State University System, or any other federal, state, or local government agency involving testing or a product development program relating to that field crop product.

(b) Damages available under this section shall be limited to twice actual damages involving research, testing, and crop development costs directly related to the crop that has been damaged or destroyed.

(c) The rights and remedies available under this section are in addition to any other rights or remedies otherwise available in law or statute.

history: (History: Added by Stats. 2000, Ch. 359, Sec. 1. Effective January 1, 2001.)

article: 6. Destruction

path: 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS > 1. Field Crops > 6. Destruction


text: This chapter shall be known as the “California Seed Law.”

chapter: 2. California Seed Law

article: 1. Short Title and Definitions

path: 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS > 2. California Seed Law > 1. Short Title and Definitions


text: Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.

article: 1. Short Title and Definitions


text: “Advertisement” means representations, except those on the label, which are disseminated in any manner or by any means that relate to seed which is subject to this chapter.

article: 1. Short Title and Definitions


text: “Agricultural seed” means the seed of any domesticated grass or cereal, and of any legume or other plant that is grown as turf, cover crop, forage crop, fiber crop, or field crop, and mixtures of such seeds. It does not, however, include any variety that is generally known and sold as flower seed or vegetable seed.

history: (History: Amended by Stats. 2006, Ch. 499, Sec. 3. Effective January 1, 2007.)

article: 1. Short Title and Definitions


text: “Board” means the Seed Advisory Board.

history: (History: Amended by Stats. 1976, Ch. 1051.)

article: 1. Short Title and Definitions


text: “Certification” means to certify as to the variety, purity, quality, type, strain, or other genetic character of agricultural or vegetable seed.

history: (History: Added by Stats. 1995, Ch. 715, Sec. 1. Effective January 1, 1996.)

article: 1. Short Title and Definitions


text: “Labeler” means any person whose name and address appears on the label pertaining to or attached to a lot or container of agricultural or vegetable seed, or both agricultural and vegetable seed, for sale and distribution within the state.

article: 1. Short Title and Definitions


text: “Labeling” means all labels, and other written, printed, or graphic representations, in any form whatsoever, which accompany and pertain to any seed whether the seed is in bulk or in containers, and it includes invoices.

article: 1. Short Title and Definitions


text: “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. Sec. 2321 et seq.). Noncommercial seed sharing activity does not include receiving, storing, or distributing patented seed.

history: (History: Amended by Stats. 2017, Ch. 561, Sec. 64. (AB 1516) Effective January 1, 2018.)

article: 1. Short Title and Definitions


text: “Noxious weed seed” means the seed or propagule of any species of noxious weed, as defined in Section 5004. As used in this chapter, noxious weed seed are of two classes, prohibited noxious weed seed and restricted noxious weed seed, which are defined in Sections 52257 and 52258, respectively.

history: (History: Amended by Stats. 1977, Ch. 328.)

article: 1. Short Title and Definitions


text: “Person” also means any individual, partnership, corporation, trust association, cooperative association, or any other business unit or organization.

history: (History: Amended by Stats. 2014, Ch. 294, Sec. 1. (AB 2470) Effective January 1, 2015.)

article: 1. Short Title and Definitions


text: “Prohibited noxious weed seed” means the seed or propagule of any species of noxious weed which the director, as provided in Section 52332, finds and declares to be a prohibited noxious weed seed and which either: (1) is not known to occur, or is of limited distribution, in this state; (2) is not widely distributed throughout the state and which not only reproduce by seed, but also by underground roots or stems; or (3) is under eradication measures in this state.

article: 1. Short Title and Definitions


text: “Conditioner” means any person who cleans, scarifies, or blends to obtain uniform quality, or who conducts other operations which would change the purity, germination, or identity of any lot of seed, including, but not limited to, packaging, labeling, blending together of uniform lots of the same kind or variety, or the preparation of a mixture.

article: 1. Short Title and Definitions


text: “Process” means any modification of the form or nature of agricultural or vegetable seed, or any treatment of the seed, which renders it inviable.

history: (History: Added by Stats. 1980, Ch. 790.)

article: 1. Short Title and Definitions


text: “Research” means any research related to the variety, purity, quality, type, strain, or other genetic and physiological characteristics of agricultural or vegetable seed or the production thereof.

history: (History: Added by Stats. 1995, Ch. 715, Sec. 2. Effective January 1, 1996.)

article: 1. Short Title and Definitions


text: “Restricted noxious weed seed” means the seed or propagule of any species of noxious weed, the seed of which is not otherwise designated as prohibited noxious weed seed, and which the director, as provided in Section 52332, finds and declares to be a restricted noxious weed seed.

article: 1. Short Title and Definitions


text: “Vegetable seed” means the seed of any crop which is or may be grown in gardens or on truck farms and which is generally known and sold under the name of vegetable seed.

article: 1. Short Title and Definitions


text: “Weed seed” means any noxious weed seed or vegetable seeds, and any seed that is not included in the definitions of agricultural seed, if it occurs incidentally in agricultural seed or vegetable seeds.

history: (History: Amended by Stats. 2006, Ch. 499, Sec. 4. Effective January 1, 2007.)

article: 1. Short Title and Definitions


text: “Viability” means a description of living seeds which are capable of germinating.

history: (History: Added by Stats. 1983, Ch. 381, Sec. 1.)

article: 1. Short Title and Definitions


text: “Farm” means a place of agricultural production which has annual sales of agricultural products of one thousand dollars ($1,000) or more.

history: (History: Amended by Stats. 1984, Ch. 706, Sec. 1.)

article: 1. Short Title and Definitions


text: This chapter and the terms which are used in it shall be construed so as to conform insofar as possible with the construction which is placed upon the Federal Seed Act (7 U.S.C., Sec. 1551, et seq.) and regulations which are issued pursuant to that act, and to effectuate its purpose to make uniform the laws of the states adopting it.

article: 2. General Provisions

path: 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS > 2. California Seed Law > 2. General Provisions


text: The secretary and, under the supervision and direction of the secretary, the commissioner of each county and the qualified representative of the commissioner, shall enforce this chapter and carry out its provisions and requirements. The secretary shall have the discretion to determine which enforcement activities are conducted by the commissioner in each county and which enforcement activities shall be conducted by department personnel.

history: (History: Amended by Stats. 2004, Ch. 459, Sec. 1. Effective January 1, 2005.)

article: 2. General Provisions


text: The director may cooperate with the United States Department of Agriculture and other agencies in the enforcement of this chapter.

article: 2. General Provisions


text: The director may issue such orders, circulars, and announcements as he may deem necessary to further the purposes of this chapter.

article: 2. General Provisions


text: If the director or the commissioner finds that any person has violated any provision of this chapter, he may institute proceedings in the court of competent jurisdiction in the area in which the violation occurred, to have such person convicted of the violation, or he may file with the district attorney with the view of prosecution such evidence as may be deemed necessary.

article: 2. General Provisions


text: The director shall maintain a properly equipped laboratory for examining and testing seeds.

article: 2. General Provisions


text: All prohibited and restricted noxious weed seed which are enumerated in this chapter or in any regulation which is adopted by the director pursuant to this chapter are hereby recognized as noxious within the meaning of the Federal Seed Act (7 U.S.C., Sec. 1551, et seq.).

article: 2. General Provisions


text:
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).

history: (History: Amended by Stats. 2016, Ch. 259, Sec. 2. (AB 1810) Effective January 1, 2017.)

article: 2. General Provisions


text:
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. Sec. 2321 et seq.).

(c) Best practices for entities participating in noncommercial seed sharing activities, including public disclosure.

history: (History: Amended by Stats. 2017, Ch. 561, Sec. 65. (AB 1516) Effective January 1, 2018.)

article: 2. General Provisions


text: There is in the department a Seed Advisory Board consisting of 11 members appointed by the secretary, seven of whom shall be labelers registered under the provisions of this chapter, two of whom shall be persons who receive or possess seed for sale in this state, and two of whom shall be members of the public. The members of the board who are labelers registered under the provisions of this chapter shall be representative of the functions of seed production, conditioning, marketing, or utilization.

history: (History: Amended by Stats. 2008, Ch. 399, Sec. 1. Effective January 1, 2009.)

article: 2.5. Seed Advisory Board

path: 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS > 2. California Seed Law > 2.5. Seed Advisory Board


text: It is hereby declared, as a matter of legislative determination, that labelers appointed to the Seed Advisory Board pursuant to this article are intended to represent and further the interest of a particular agricultural industry concerned, and that such representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to such board, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.

history: (History: Added by Stats. 1976, Ch. 1429.)

article: 2.5. Seed Advisory Board


text: The term of office for each member of the board is three years. Vacancies shall be filled by the secretary for an unexpired term.

history: (History: Amended by Stats. 1998, Ch. 573, Sec. 2. Effective January 1, 1999.)

article: 2.5. Seed Advisory Board


text: Members of the board shall receive no salary but may be allowed per diem in accordance with Department of General Services rules for attendance at meetings and other board activities authorized by the board and approved by the director.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 31. (SB 836) Effective June 27, 2016.)

article: 2.5. Seed Advisory Board


text: The board shall be advisory to the secretary and may make recommendations on all matters pertaining to this chapter including, but not limited to, seed law and regulations, enforcement, seed laboratory diagnostics and annual budgets required to accomplish the purposes of this chapter. The board shall be advisory as to the scope of the program funded by industry and recommend the dollar volume assessments, which, when combined with the registration fee required by this chapter, shall provide adequate funds to support the program.

history: (History: Amended by Stats. 1998, Ch. 573, Sec. 5. Effective January 1, 1999.)

article: 2.5. Seed Advisory Board


text: The board shall annually elect a chairman from its membership, and from time to time such other officers as it may deem advisable.

history: (History: Added by Stats. 1973, Ch. 919.)

article: 2.5. Seed Advisory Board


text: The board shall meet at the call of its chairman or the director, or at the request of any four members of the board. The board shall meet at least once a year to review budget proposals and fiscal matters related to such proposals.

article: 2.5. Seed Advisory Board


text:
For purposes of this article only, the following definitions apply:

(a) “Farmer” means the person responsible for planting a crop, managing the crop, and harvesting the crop from land on which a breach of contract or patent infringement is alleged to have occurred.

(b) “Genetically engineered plant” means a plant or any plant part or material, including, but not limited to, seeds and pollen, in which the genetic material has been changed through modern biotechnology in a way that does not occur naturally by multiplication or natural recombination.

(c) “Modern biotechnology” means the application of either of the following:

(1) In vitro nucleic acid techniques, including recombinant deoxyribonucleic acid (DNA) and direct injection of nucleic acid into cells or organelles.

(2) Fusion of cells beyond the taxonomic family that overcome natural physiological reproductive or recombinant barriers and that are not techniques used in traditional breeding and selection.

history: (History: Added by Stats. 2008, Ch. 424, Sec. 1. Effective January 1, 2009.)

article: 2.6. Genetically Engineered Plants

path: 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS > 2. California Seed Law > 2.6. Genetically Engineered Plants


text:
(a) Before a person or his or her agent holding a patent on a genetically engineered plant, may enter upon any land farmed by another for the purpose of obtaining crop samples to determine whether breach of contract or patent infringement has occurred, the person holding the patent or his or her agent shall do all of the following:

(1) Notify the farmer in writing of the allegation that breach of contract or patent infringement has occurred and request permission to enter upon the farmer’s land.

(2) Provide a copy of that notification to the secretary.

(3)Obtain the written permission of the farmer.

(4) Provide notice to the farmer of the following procedures which shall be applicable as provided:

(A) If the farmer withholds permission, the person holding a patent may petition the superior court in the county in which the alleged breach of contract or patent infringement has occurred for an order granting permission to enter upon the farmer’s land.

(B) If the person holding a patent believes that the crop from which samples are to be taken may be subject to intentional damage or destruction, the person may seek a protective order from the superior court. The protective order shall be crafted to minimize interruption or interference with normal farming practices, including harvest and tillage.

(C) The procedures described in Section 52302.

(b) The farmer shall grant or deny access in writing within 10 days of receipt of a request to enter the land pursuant to subdivision (a).

article: 2.6. Genetically Engineered Plants


text: If requested by either party, the secretary or his or her designee shall be present for the sampling, provide for the collection of samples, or conduct any other aspect of the sampling or analysis process as requested. The secretary shall designate an employee or enter into an agreement with an employee or agent of the State of California or a third party unaffiliated with either party to carry out the specified sampling activity as provided in regulations adopted pursuant to Article 2 (commencing with Section 52251) of Division 18. The patentholder shall pay the fee charged by the department under regulations adopted pursuant to that article. The farmer or the agent of the farmer and the person holding the patent may be present at any collection of samples conducted pursuant to this article, and each shall be notified of the time and location of the sample taking at least 24 hours in advance.

article: 2.6. Genetically Engineered Plants


text: Samples for analysis may be taken from a standing crop, from representative standing plants in the field, or from crop residue remaining in the field after harvest.

article: 2.6. Genetically Engineered Plants


text: The results of any testing conducted pursuant to this article shall be sent by registered letter by the testing party to all parties involved in the investigation within 30 days after the results are reported from the testing laboratory.

article: 2.6. Genetically Engineered Plants


text:
A farmer shall not be liable based on the presence or possession of a patented genetically engineered plant on real property owned or occupied by the farmer when the farmer did not knowingly buy or otherwise knowingly acquire the genetically engineered plant, the farmer acted in good faith and without knowledge of the genetically engineered nature of the plant, and when the genetically engineered plant is detected at a de minimis level. The authority of a court to determine the presence of de minimis levels of a genetically engineered plant is intended solely for the purpose of assisting in adjudicating claims relating to the possession or use of a patented genetically engineered plant in which the seed labeler, patentholder, or licensee, has rights. Nothing in this section is intended to do any of the following:

(a) Establish, or be used as the basis for establishing, an acceptable level at which a patented genetically engineered plant may be present.

(b) Be used to alter or limit liabilities or remedies for personal injury or wrongful death.

(c) Be used outside or beyond the scope or context of a legal dispute regarding genetically engineered plants.

article: 2.6. Genetically Engineered Plants


text: The provisions of this part are severable. If any provision of this part or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

article: 2.6. Genetically Engineered Plants


text:
A person is not subject to the penalties which are prescribed by this chapter in any of the following cases:

(a) For selling in this state any agricultural or vegetable seed which is incorrectly labeled or represented as to kind, variety, or type, which seed cannot be identified by examination of it, unless he has failed to obtain an invoice or grower’s declaration which 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 is required by Article 8 (commencing with Section 52451) of this chapter, for selling such seed in original unopened sealed packages which are fully labeled by another dealer, unless he has failed to have such seed retested and relabeled as to the percentage of germination within the period which is prescribed by Section 52481, or unless he has failed to correct the label after notice that such label has been found to be incorrect.

(c) For shipping, delivering, transporting, or selling within this state any agricultural or vegetable seed which has a false labeling as to percentage of germination or hard seeds, unless he has first been given an opportunity by the director 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 is found to be incorrectly labeled as to germination, nor does it exempt such seed from seizure pursuant to this chapter.

history: (History: Amended by Stats. 1967, Ch. 227.)

article: 3. Exceptions

path: 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS > 2. California Seed Law > 3. Exceptions


text: All money that is received by the director pursuant to this chapter shall be deposited in the Department of Food and Agriculture Fund and shall be expended only for the purpose of this chapter.

history: (History: Amended by Stats. 1993, Ch. 277, Sec. 1. Effective January 1, 1994.)

article: 3.5. Funding

path: 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS > 2. California Seed Law > 3.5. Funding


text: The secretary shall prepare an annual statement of the operating expenditures and income related to this chapter that shall be presented to the board for review as soon as possible following the termination of any fiscal year. A copy of this statement shall be made available to any interested person upon request.

history: (History: Amended by Stats. 2013, Ch. 385, Sec. 1. (SB 348) Effective January 1, 2014.)

article: 3.5. Funding


text:
(a) The department’s cost of carrying out this chapter shall be funded from money that is received by the secretary pursuant to this chapter. The secretary shall also pay annually, in arrears, one hundred twenty thousand dollars ($120,000) to counties as an annual subvention for costs incurred in the enforcement of this chapter. The department’s costs of administering this chapter shall be paid before allocating funds to the counties under this section.

(b) This section shall become inoperative on July 1, 2027, and, as of January 1, 2031, is repealed.

history: (History: Amended by Stats. 2023, Ch. 128, Sec. 1. (AB 1583) Effective January 1, 2024. Inoperative July 1, 2027. Repealed as of January 1, 2031, by its own provisions.)

article: 3.5. Funding


text:
(a) The subvention program under Section 52323 is an optional program available to counties. The subvention to counties under Section 52323 shall be annually apportioned as follows:

(1) At the discretion of the secretary and upon recommendation of the board, counties with no registered seed labelers may annually receive one hundred dollars ($100).

(2) Counties with registered seed labeler operations shall receive subventions based upon enforcement activity generated by the registered seed labeler operations within the county and upon the performance of enforcement activities necessary to carry out this chapter.

(b) This section shall become inoperative on July 1, 2027, and, as of January 1, 2031, is repealed.

history: (History: Amended by Stats. 2023, Ch. 128, Sec. 2. (AB 1583) Effective January 1, 2024. Inoperative July 1, 2027. Repealed as of January 1, 2031, by its own provisions.)

article: 3.5. Funding


text:
(a) Commissioners of counties that choose to participate in the subvention program shall enter into a cooperative agreement with the secretary, whereby the commissioner agrees to maintain a statewide compliance level, determined by the secretary, on all seed within the county. The cooperative agreement shall be in effect for a five-year period. The amount of the subvention designated to each individual participating county shall be established in a memorandum of understanding between the commissioner and the secretary, in consultation with the board.

(b) The secretary, upon recommendation of the board or upon the secretary’s own initiative, may withhold a portion of the funds designated to a county if that county fails to meet the performance standards established by the secretary and set forth in the cooperative agreement with that county.

(c) The secretary shall provide a written justification to the board for any action taken by the secretary that does not fully implement a recommendation made by the board pursuant to subdivision (b).

(d) This section shall become inoperative on July 1, 2027, and, as of January 1, 2031, is repealed.

history: (History: Amended by Stats. 2023, Ch. 128, Sec. 3. (AB 1583) Effective January 1, 2024. Inoperative July 1, 2027. Repealed as of January 1, 2031, by its own provisions.)

article: 3.5. Funding


text:
The director, by regulations, shall do all of the following:

(a) Adopt germination standards for vegetable seed.

(b) Adopt tolerances to be applied in all enforcement procedure required by this chapter.

(c) Prescribe methods of procedure in the examination of lots of any agricultural or vegetable seed, and in securing samples of such lots.

(d) Establish a reasonable schedule of fees for tests, examinations, and services except those which are required for quarantine or other purposes, not directly related to the enforcement of this chapter. The schedule shall be based upon the approximate cost of the service rendered. The director may, however, provide for the examination of seeds for identification purposes without charge.

(e) Adopt such other regulations as will assist in carrying out the purposes of this chapter.

Every standard or tolerance which is adopted pursuant to this chapter shall be as nearly as practicable to that which is established under the Federal Seed Act (7 U.S.C., Sec. 1551, et seq.).

history: (History: Amended by Stats. 1992, Ch. 474, Sec. 1. Effective January 1, 1993.)

article: 4. Regulations

path: 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS > 2. California Seed Law > 4. Regulations


text:
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) (A) 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, financial terms or the lack of payment by a dealer to a grower, 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 the 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.

(B) If a proceeding for the conciliation, mediation, or arbitration of a dispute between a dealer and a grower is commenced under this subdivision for conformance with the financial terms by a dealer to a grower, and the decision in the proceeding is in favor of the grower, the decision may include a provision requiring compensation to the grower for the estimated value of the seed production services a grower provides to a dealer, including, but not limited to, labor, care, and expense in growing and harvesting that product.

(C) If a dealer fails to comply with the financial obligations of a judgment rendered in a conciliation, mediation, or arbitration proceeding between a dealer and a grower commenced pursuant to this subdivision following the conclusion of all appeals in the proceeding, the secretary may revoke the dealer’s registration and prevent the dealer from renewing his or her registration until the time the financial obligation is fulfilled.

(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) 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.

history: (History: Amended by Stats. 2016, Ch. 86, Sec. 143. (SB 1171) Effective January 1, 2017.)

article: 4. Regulations


text: The director may, by regulation, adopt standards, including noxious weed seed and other pest standards, for premises from which seed shipments are exempt from the provisions of Section 6501 and shall designate such premises as origin inspected warehouses.

history: (History: Added by Stats. 1968, Ch. 288.)

article: 4. Regulations


text: The declaration of a plant, seed, nursery stock, or crop as invasive is a power reserved for the secretary.

history: (History: Repealed and added by Stats. 2016, Ch. 340, Sec. 13. (SB 839) Effective September 13, 2016.)

article: 4. Regulations


text:
Every labeler of agricultural or vegetable seed offered for sale in this state, or any person, as defined in Section 52256.5, who sells that seed in this state, shall annually register with the secretary to obtain authorization to sell agricultural or vegetable seed before engaging in this activity, except any of the following:

(a) An individual grower that conditions such seed exclusively for the grower’s own planting use.

(b) A person using agricultural or vegetable seed, or both agricultural and vegetable seed, only for purposes of planting seed increase.

(c) Any person licensed to sell nursery stock pursuant to Chapter 1 (commencing with Section 6701) of Part 3 of Division 4, except when he or she also engages in activities as defined under Section 52257.5.

history: (History: Amended by Stats. 2008, Ch. 399, Sec. 2. Effective January 1, 2009.)

article: 4.5. Registration and Assessment

path: 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS > 2. California Seed Law > 4.5. Registration and Assessment


text:
(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.

history: (History: Added by Stats. 2016, Ch. 259, Sec. 4. (AB 1810) Effective January 1, 2017.)

article: 4.5. Registration and Assessment


text: Each application for an annual registration shall be accompanied by the payment of a fee in the amount of forty dollars ($40) for each fiscal year or portion of a fiscal year beginning July 1.

article: 4.5. Registration and Assessment


text: If a registration is not renewed within one calendar month after the beginning of the fiscal year, a penalty of 20 percent of the annual registration fee due shall be added to the fee.

article: 4.5. Registration and Assessment


text:
Each person who is required to be registered pursuant to Section 52351 shall pay an assessment annually to the secretary in an amount not to exceed forty cents ($0.40) per one hundred dollars ($100) gross annual dollar volume sales of agricultural or vegetable seed, or both, in this state for the preceding fiscal year defined in Section 52352, except in the following cases:

(a) No assessment shall be paid by any labeler or any other person for any agricultural or vegetable seed for which the assessment has been previously paid by another labeler or person, unless the identity of the lot has been changed.

(b) No assessment shall be paid on that portion of a person’s sales of agricultural or vegetable seed, or both, that is sold in containers of four ounces or less net weight of seed.

(c) No assessment shall be paid on agricultural or vegetable seed, or both, sold and shipped out of this state.

history: (History: Amended by Stats. 2006, Ch. 499, Sec. 6. Effective January 1, 2007.)

article: 4.5. Registration and Assessment


text: The director shall fix the annual assessment established pursuant to Section 52354 in an amount that will provide sufficient funds to carry out this chapter, and the date and method of collecting the assessment. The board shall make a recommendation regarding the level of assessment to the director.

history: (History: Added by Stats. 1992, Ch. 474, Sec. 2. Effective January 1, 1993.)

article: 4.5. Registration and Assessment


text: If the assessment established pursuant to Section 52354 and fixed by the director pursuant to Section 52354.5 is not paid within one calendar month after the end of the fiscal year for which the assessment is made, a penalty of 10 percent of the amount of the assessment shall be imposed.

history: (History: Added by Stats. 1992, Ch. 474, Sec. 3. Effective January 1, 1993.)

article: 4.5. Registration and Assessment


text: Any registrant who packages or labels seed, or both, with the name and address of the person who only retails the seed within the state shall, at the time of sale to such person, collect from the person whose name and address appears on the label, the assessment due based upon the invoice price for the seed, and pay such assessment to the director, as provided by regulations. The person collecting the assessment as provided under this section may charge, collect, and retain an additional reasonable fee established by the director for handling this collection and payment.

history: (History: Added by Stats. 1973, Ch. 919.)

article: 4.5. Registration and Assessment


text: Total expenditures from funds derived from registration fees and dollar volume assessments under this chapter shall not exceed the department’s cost of carrying out this chapter.

history: (History: Amended by Stats. 2011, Ch. 133, Sec. 45. (AB 120) Effective July 26, 2011.)

article: 4.5. Registration and Assessment


text: The secretary, each commissioner, and any qualified representative of the commissioner, shall sample and inspect any agricultural or vegetable seed that is subject to this chapter at the time and place and to the extent as he or she may deem necessary to determine whether the agricultural or vegetable seed is in compliance with the provisions of this chapter, and notify promptly the person who is in possession or control of the seed of any violation.

history: (History: Amended by Stats. 2006, Ch. 499, Sec. 7. Effective January 1, 2007.)

article: 5. Powers of Enforcing Officers

path: 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS > 2. California Seed Law > 5. Powers of Enforcing Officers


text: For the purpose of carrying out the provisions of this chapter, any officer who is required to enforce this chapter may enter upon any public or private premises during regular business hours in order to have access to any seed which is subject to this chapter and the regulations which are adopted pursuant to it.

history: (History: Enacted by Stats. 1967, Ch. 15.)

article: 5. Powers of Enforcing Officers


text:
(a) Any sample which is taken by an enforcement officer in accordance with the regulations which are adopted pursuant to this chapter for the taking of official samples is prima facie evidence of the true condition of the entire lot from which the sample was taken. The presumption established by this subdivision is a presumption affecting the burden of proof.

(b) A written report which is issued by the State Seed Laboratory that shows the analysis of any such sample is prima facie evidence of the true analysis of the entire lot from which the sample was taken. The presumption established by this subdivision is a presumption affecting the burden of proof, but it does not apply in a criminal action.

history: (History: Amended by Stats. 1967, Ch. 262.)

article: 5. Powers of Enforcing Officers


text: The secretary or the commissioner and any qualified representative of the commissioner may issue and enforce a written or printed “stop-sale” order to the owner or custodian of any lot of agricultural or vegetable seed that he or she finds is in violation of any provision of this chapter, that shall prohibit further sale of the seed until the officer has evidence that the law has been complied with. Upon compliance, the order shall be removed.

history: (History: Amended by Stats. 2006, Ch. 499, Sec. 8. Effective January 1, 2007.)

article: 6. Stop-Sale Orders

path: 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS > 2. California Seed Law > 6. Stop-Sale Orders


text: It is unlawful for any person to move or otherwise dispose of any lot of seed which is held under a “stop-sale” order except under written permission of an enforcing officer or under his specific direction and for the purposes which are specified.

article: 6. Stop-Sale Orders


text: The owner or custodian of seed which is held under a “stop sale” order shall, upon demand, have the right to a hearing before the director or the commissioner as to the justification of any such order, and may appeal to the director from any order of the commissioner made under the provisions of this article.

article: 6. Stop-Sale Orders


text: This article does not limit the right of the enforcement officer to proceed as authorized by other sections of this chapter.

article: 6. Stop-Sale Orders


text: Any decision of the director pursuant to this article is subject to review by any court of competent jurisdiction.

article: 6. Stop-Sale Orders


text: The secretary shall, by regulation, establish a list of seed-certifying agencies that the secretary finds qualified to certify as to the variety, purity, quality, type, strain, or other genetic character of agricultural or vegetable seed. The secretary shall consult with the director of the University of California Agricultural Experiment Station before approving the qualifications of any seed-certifying agency.

history: (History: Added by Stats. 1995, Ch. 715, Sec. 5. Effective January 1, 1996.)

article: 6.5. Seed-certifying Agencies

path: 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS > 2. California Seed Law > 6.5. Seed-certifying Agencies


text: A seed-certifying agency may conduct or fund research projects that the agency, in its sole discretion, deems beneficial to the seed industry.

article: 6.5. Seed-certifying Agencies


text: Each seed-certifying agency shall establish a schedule of fees, in its discretion with input from the seed industry, for certification services provided and research conducted pursuant to this article.

article: 6.5. Seed-certifying Agencies


text: Notwithstanding Section 52321, fees collected pursuant to this article shall be paid directly to the seed-certifying agency and shall be expended only for a purpose authorized by this chapter.

article: 6.5. Seed-certifying Agencies


text: A seed-certifying agency, pursuant to procedures adopted by the seed-certifying agency, may impose a late charge on any person who fails to pay any fee required by this article within the time required by the seed-certifying agency.

article: 6.5. Seed-certifying Agencies


text: In addition to any late charge, a seed-certifying agency, pursuant to procedures adopted by the seed-certifying agency, may suspend certification services to any person who fails to timely pay any fee or late charge required by this article.

article: 6.5. Seed-certifying Agencies


text:
The director and the commissioner of each county acting under the supervision of the director may do all of the following:

(a) Cooperate with seed-certifying agencies which are officially recognized under the provisions of this chapter.

(b) Supervise the harvesting, cleaning, and packaging of any seed which is eligible for certification, and the affixing of labels and seals to it.

(c) Examine, sample, and test such seeds.

(d) Perform such other services as may be necessary to maintain the identity and quality of certified seed.

article: 7. Services

path: 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS > 2. California Seed Law > 7. Services


text: The director, or any commissioner with the approval of the director, may annually enter into a cooperative agreement with a qualified seed certification agency for the services that they are authorized to perform, based upon the approximate cost of the services. The approximate cost of the services rendered shall be based on applications to grow certified seed, and certified seed conditioners’ activities within the county, as determined by the cooperating seed certification agency. Upon the request of a recognized seed-certifying agency, the director, through the director’s staff or through the commissioners, may perform the services authorized by this article. Compensation for services performed by a commissioner shall be transmitted to the commissioner for such disposition as may be directed by the board of supervisors. Compensation for services that are performed by the director shall be paid into the Department of Food and Agriculture Fund.

history: (History: Amended by Stats. 1993, Ch. 277, Sec. 6. Effective January 1, 1994.)

article: 7. Services


text:
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.

history: (History: Amended by Stats. 2016, Ch. 259, Sec. 5. (AB 1810) Effective January 1, 2017.)

article: 8. Labeling of Seeds

path: 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS > 2. California Seed Law > 8. Labeling of Seeds


text:
(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 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) Subdivision (a) does not apply in the following instances:

(1) The sale is an occasional sale of seed grain by the producer of the seed grain to their neighbor for use by the purchaser within the county of production.

(2) Any cannabis seed, as defined in Section 26001 of the Business and Professions Code, sold or offered for sale in the state.

(c) 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.

(d) For purposes of this section, “neighbor” means a person who lives in close proximity, not to exceed three miles, to another.

history: (History: Amended by Stats. 2021, Ch. 70, Sec. 100. (AB 141) Effective July 12, 2021.)

article: 8. Labeling of Seeds


text:
Except as otherwise provided in Section 52454, each container of vegetable seed that is for sale or sold within this state for sowing purposes 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 gives all of the following information:

(a) Name of kind and variety of seed.

(b) For any seed that germinates less than the standard last established by the secretary under this chapter, the percentage of germination, exclusive of hard seed; the percentage of hard seed, if present; the calendar month and year the test was completed to determine those percentages; and the words “Below Standard” in not less than eight-point type.

(c) Name and address of the person that labeled the seed, or of the person that sells the seed within this state.

(d) In addition to the information required in subdivisions (a), (b), and (c), on each container of more than one-half pound (227 grams), the label shall include both the lot number or other lot identification and the calendar month and year the germination test was completed.

history: (History: Amended by Stats. 2006, Ch. 499, Sec. 10. Effective January 1, 2007.)

article: 8. Labeling of Seeds


text:
Any lot of more than one container of seed which is transported to a dealer for resale, or any lot of more than five containers of seed which is sold to a consumer, is exempt from the requirements which are prescribed by Section 52452 or 52453 if both of the following requirements are complied with:

(a) Each container is plainly marked or identified with a lot number or other lot identification.

(b) The invoice and one or more of the containers bears the tag or label which is required by such sections.

article: 8. Labeling of Seeds


text:
In addition to the labeling requirements of this article, all seed at the time of sale by a retail merchant for nonfarm usage, shall conspicuously bear upon the labeling of the seed a viability assurance statement.

(a) The statement shall be “SELL BY (month) (year),” or “USE BEFORE (month) (year)”. The month and year in the statement shall not exceed the 15-month retail time period allowed by subdivision (b) of Section 52481.

(b) The statement shall be conspicuous and in capital letters of the same size of type as other printed material on the labeling and contiguous to the germination date.

(c) The statement shall be affixed at the time of labeling for those containers destined for retail sales.

(d) For vegetable seed sold in containers of one-half pound (227 grams) or less, the viability assurance statement may read “Packed for (year) season” as an alternative to the “SELL BY (month) (year)” statements referenced in subdivision (a).

history: (History: Amended by Stats. 2006, Ch. 499, Sec. 11. Effective January 1, 2007.)

article: 8. Labeling of Seeds


text: In addition to the labeling requirements of this article, all seed, except seed at the time of sale by a retail merchant for nonfarm use, shall conspicuously bear upon the label adequate notice of the requirement to follow the conciliation, mediation, or arbitration procedures governing disputes between labelers and any person, as authorized by this chapter, and the consequences of failing to follow those procedures.

history: (History: Amended by Stats. 2000, Ch. 589, Sec. 2. Effective January 1, 2001.)

article: 8. Labeling of Seeds


text:
Except as otherwise provided in this section or in Section 52486, it is unlawful for any person to ship, deliver, transport, or sell any agricultural or vegetable seed within this state, other than the seed that is described in Section 52451, unless the test to determine the percentage of germination that is required by Article 8 (commencing with Section 52451) has been completed within the following period, exclusive of the calendar month in which the test is completed, immediately prior to shipment, delivery, transportation, or sale:

(a) In the case of any agricultural or vegetable seed that is shipped, delivered, transported, or sold to a dealer for resale, eight months.

(b) In the case of any agricultural or vegetable seed that is sold at retail, 15 months.

(c) In the case of any agricultural or vegetable seed that is packaged under conditions that the secretary finds and determines will prolong the viability of the seed, the secretary may designate, in regulations that are adopted pursuant to this chapter, a longer period than otherwise specified in this section, and may require any additional labeling that may be necessary to maintain identification of seed that is packaged under these conditions.

(d) Seed labeled under Section 52455 is not subject to subdivision (b) upon expiration of the viability assurance statement. This exemption does not limit the right of the enforcing officer to enforce other applicable sections of this chapter.

history: (History: Amended by Stats. 2006, Ch. 499, Sec. 12. Effective January 1, 2007.)

article: 9. Violations

path: 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS > 2. California Seed Law > 9. Violations


text:
Except as otherwise provided in Section 52486, it is unlawful for any person to ship, deliver, transport, or sell any agricultural or vegetable seed within this state that is within any of the following classes:

(a) Is not labeled in accordance with the provisions of this chapter. This subdivision does not, however, apply to any seed that is described in Section 52451.

(b) Contains prohibited noxious weed seed, subject to tolerances and methods of determination prescribed in the regulations that are adopted pursuant to this chapter. This subdivision does not, however, apply to any of the seed that is described in subdivision (a) or (b) of Section 52451.

(c) Has false or misleading labeling, or pertaining to which there has been a false or misleading advertisement.

(d) Is represented to be certified seed or registered seed, unless it has been produced and labeled in accordance with the procedures and in compliance with the rules and regulations of a seed-certifying agency that is officially recognized under the provisions of this chapter, if produced in this state, or under the provisions of the Federal Seed Act (7 U.S.C., Sec. 1551, et seq.), as enacted, and rules and regulations that are adopted pursuant to that act, if produced outside of this state.

(e) Contains more than 112 percent by weight of all weed seeds. This subdivision does not, however, apply to any seed that is described in subdivision (a), (b), or (c) of Section 52451.

(f) To sell, by variety name, seed not certified by an official seed-certifying agency when it is a variety for which a certificate of plant variety protection under the United States Plant Variety Protection Act (84 Stats. 1542; 7 U.S.C. Sec. 2321, et seq.) specifies sale only as a class of certified seed, except that seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the written approval of the owner of the variety.

history: (History: Amended by Stats. 2006, Ch. 499, Sec. 13. Effective January 1, 2007.)

article: 9. Violations


text:
It is unlawful for any person to do any of the following:

(a) Detach, alter, deface, or destroy any label, warning tag, or notice that is provided for in this chapter or in the regulations that are adopted pursuant to it, or alter or substitute seed, in a manner that may defeat the purposes of this chapter.

(b) Disseminate any false or misleading advertisement concerning agricultural or vegetable seed in any manner or by any means.

(c) Hinder or obstruct in any way any authorized person in the performance of his or her duties under this chapter.

(d) Fail to comply with a “stop-sale” order.

history: (History: Amended by Stats. 2006, Ch. 499, Sec. 14. Effective January 1, 2007.)

article: 9. Violations


text:
(a) Except as otherwise provided in Section 52486, it is unlawful for any person to ship, deliver, transport, or sell agricultural or vegetable seed that is treated after harvest with any substance that is likely to be poisonous or toxic to human beings or animals unless there is conspicuously shown on the analysis tag or label, on a separate tag or label attached to each container, or on each container all of the following information:

(1) “TREATED SEED” and the signal word for the category of treatment material, all in capital letters.

(2) The chemical or generic name of the treatment material.

(3) An appropriately worded statement as to the hazards to humans and animals.

(4) An appropriately worded statement of practical treatment, if present.

(b) This information shall be derived from the technical chemical label of each substance applied to the seed.

(c) When more than one substance is applied, each substance shall be noted on the label and the seed shall be labeled for each substance applied with the signal word for the substance with the highest level of toxicity.

(d) (1) For seeds treated with substances subject to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.), the label shall include, for each pesticide, the following information:

(A) The registration number from the United States Environmental Protection Agency, if applicable.

(B) The quantity applied by weight or amount per seed.

(2) This subdivision shall become operative January 1, 2027.

(3) This subdivision shall only apply to seeds shipped, delivered, transported, distributed, or sold in the state for planting within the state.

(4) The requirements of this subdivision do not apply to seeds packaged before January 1, 2027.

history: (History: Amended by Stats. 2024, Ch. 348, Sec. 1. (AB 1042) Effective January 1, 2025.)

article: 9. Violations


text: It is unlawful for any person to sell or divert for use or for processing, either for human or animal consumption, any grain or other crop seed which is treated after harvest with any substance that is likely to be poisonous or toxic to human beings or animals, unless there is an established state or federal pesticide residue tolerance for such poisonous or toxic substance on the specific grain or crop seed, and such pesticide residue tolerance is not exceeded.

history: (History: Amended by Stats. 1980, Ch. 790.)

article: 9. Violations


text: Sections 52481, 52482, and 52484 of this article do not apply to any common carrier in respect to any seed which is transported or delivered for transportation in the ordinary course of its business as a carrier if such carrier is not engaged in conditioning or merchandising seed which is subject to the provisions of this chapter.

article: 9. Violations


text: A violation of this chapter for having shipped, delivered, transported, or sold agricultural or vegetable seed that has false or misleading labeling shall be construed to have been committed at the time of discovery of the violation, and a complaint charging the violation shall be filed within one year from the time of discovery. No complaint that charges such a violation shall, however, be filed after two years from the date of sale.

history: (History: Amended by Stats. 2006, Ch. 499, Sec. 16. Effective January 1, 2007.)

article: 9. Violations


text: It is unlawful to violate any provisions of this chapter or any regulation adopted pursuant to this chapter.

history: (History: Amended by Stats. 1976, Ch. 1051.)

article: 9. Violations


text: It is unlawful for any person to violate the provisions of the United States Plant Variety Protection Act contained in Part J (commencing with Section 2531), Part K (commencing with Section 2541), or Part L (commencing with Section 2561) of Subchapter III of Chapter 57 of Title 7 of the United States Code, as enacted.

history: (History: Amended by Stats. 2004, Ch. 183, Sec. 124. Effective January 1, 2005.)

article: 9. Violations


text: Any lot of agricultural or vegetable seed that does not comply with this chapter is a public nuisance and is subject to seizure on complaint of the secretary or the commissioner or any enforcing officer of this chapter to a court of competent jurisdiction in the area in which the seed is located.

history: (History: Amended by Stats. 2006, Ch. 499, Sec. 17. Effective January 1, 2007.)

article: 10. Abatement

path: 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS > 2. California Seed Law > 10. Abatement


text: The district attorney of the county in which any such nuisance is found, on the relation of the director or the commissioner or any enforcing officer of this chapter, shall maintain, in the name of the people of the State of California, a civil action to abate and prevent such nuisance. Upon judgment and by order of the court, such nuisance shall be condemned and destroyed in the manner directed by the court, or relabeled, denatured, or otherwise processed, or released upon such conditions as the court in its discretion may impose to insure that the nuisance will be abated.

history: (History: Enacted by Stats. 1967, Ch. 15.)

article: 10. Abatement


text: If the owner fails to comply with the order of the court within the time which is specified in the order, the court may order disposal of the seed and containers, or their sale, under those terms and conditions as the court may prescribe, by the director or the commissioner or any enforcing officer of this chapter, or by the sheriff or marshal. If the court orders the sale of any of the seed and containers which can be salvaged, the costs of disposal shall be deducted from the proceeds of sale and the balance paid into court for the owner.

history: (History: Amended by Stats. 1996, Ch. 872, Sec. 32. Effective January 1, 1997.)

article: 10. Abatement


text: A proceeding pursuant to this article if the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.

history: (History: Amended by Stats. 2023, Ch. 861, Sec. 12. (SB 71) Effective January 1, 2024.)

article: 10. Abatement


text: The director may, after hearing, refuse to issue or renew, or may suspend or revoke a registration for any violation of this chapter or any regulation adopted pursuant to this chapter. Proceedings under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2 of the Government Code.

article: 10. Abatement