CHAPTER 2. California Seed Law [52251. - 52515.]

Chapter 2 enacted by Stats. 1967, Ch. 15.

§§ 52251–52515 · 98 sections

1. ARTICLE 1. Short Title and Definitions §§ 52251–52262 · 20 sections

   • § 52251 This chapter shall be known as the “California Seed Law.”
   • § 52252 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
   • § 52253 “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…
   • § 52254 “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…
   • § 52254.3 “Board” means the Seed Advisory Board.
   • § 52254.4 “Certification” means to certify as to the variety, purity, quality, type, strain, or other genetic character of agricultural or vegetable seed.
   • § 52254.5 “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…
   • § 52255 “Labeling” means all labels, and other written, printed, or graphic representations, in any form whatsoever, which accompany and pertain to any seed whether…
   • § 52255.5 “Noncommercial seed sharing activity” means the receiving or giving away of seed by a noncommercial entity without the creation of a contractual obligation or…
   • § 52256 “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…
   • § 52256.5 “Person” also means any individual, partnership, corporation, trust association, cooperative association, or any other business unit or organization.
   • § 52257 “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…
   • § 52257.5 “Conditioner” means any person who cleans, scarifies, or blends to obtain uniform quality, or who conducts other operations which would change the purity,…
   • § 52257.6 “Process” means any modification of the form or nature of agricultural or vegetable seed, or any treatment of the seed, which renders it inviable.
   • § 52257.8 “Research” means any research related to the variety, purity, quality, type, strain, or other genetic and physiological characteristics of agricultural or…
   • § 52258 “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…
   • § 52259 “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…
   • § 52260 “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…
   • § 52261 “Viability” means a description of living seeds which are capable of germinating.
   • § 52262 “Farm” means a place of agricultural production which has annual sales of agricultural products of one thousand dollars ($1,000) or more.
2. ARTICLE 2. General Provisions §§ 52281–52289 · 9 sections

   • § 52281 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…
   • § 52282 The secretary and, under the supervision and direction of the secretary, the commissioner of each county and the qualified representative of the commissioner,…
   • § 52283 The director may cooperate with the United States Department of Agriculture and other agencies in the enforcement of this chapter.
   • § 52284 The director may issue such orders, circulars, and announcements as he may deem necessary to further the purposes of this chapter.
   • § 52285 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…
   • § 52286 The director shall maintain a properly equipped laboratory for examining and testing seeds.
   • § 52287 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…
   • § 52288 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…
   • § 52289 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)…
3. ARTICLE 2.5. Seed Advisory Board §§ 52291–52298 · 7 sections

   • § 52291 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…
   • § 52291.1 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…
   • § 52292 The term of office for each member of the board is three years. Vacancies shall be filled by the secretary for an unexpired term.
   • § 52295 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…
   • § 52296 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…
   • § 52297 The board shall annually elect a chairman from its membership, and from time to time such other officers as it may deem advisable.
   • § 52298 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…
4. ARTICLE 2.6. Genetically Engineered Plants §§ 52300–52306 · 7 sections

   • § 52300 For purposes of this article only, the following definitions apply: (a) “Farmer” means the person responsible for planting a crop, managing the crop, and…
   • § 52301 (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…
   • § 52302 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…
   • § 52303 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…
   • § 52304 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…
   • § 52305 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…
   • § 52306 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…
5. ARTICLE 3. Exceptions § 52311 · 1 section

   • § 52311 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…
6. ARTICLE 3.5. Funding §§ 52321–52325 · 5 sections

   • § 52321 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…
   • § 52322 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…
   • § 52323 (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…
   • § 52324 (a) The subvention program under Section 52323 is an optional program available to counties. The subvention to counties under Section 52323 shall be annually…
   • § 52325 (a) Commissioners of counties that choose to participate in the subvention program shall enter into a cooperative agreement with the secretary, whereby the…
7. ARTICLE 4. Regulations §§ 52331–52334 · 4 sections

   • § 52331 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…
   • § 52332 The secretary, by regulation, may adopt all of the following: (a) A list of the plants and crops that the secretary finds are or may be grown in this state.…
   • § 52333 The director may, by regulation, adopt standards, including noxious weed seed and other pest standards, for premises from which seed shipments are exempt from…
   • § 52334 The declaration of a plant, seed, nursery stock, or crop as invasive is a power reserved for the secretary.
8. ARTICLE 4.5. Registration and Assessment §§ 52351–52356 · 9 sections

   • § 52351 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…
   • § 52351.5 (a) Notwithstanding Section 52351, the secretary may require any entity that conducts noncommercial seed sharing activity to provide notification of its…
   • § 52352 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…
   • § 52353 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…
   • § 52354 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…
   • § 52354.5 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,…
   • § 52354.8 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…
   • § 52355 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…
   • § 52356 Total expenditures from funds derived from registration fees and dollar volume assessments under this chapter shall not exceed the department’s cost of…
9. ARTICLE 5. Powers of Enforcing Officers §§ 52361–52363 · 3 sections

   • § 52361 The secretary, each commissioner, and any qualified representative of the commissioner, shall sample and inspect any agricultural or vegetable seed that is…
   • § 52362 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…
   • § 52363 (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…
10. ARTICLE 6. Stop-Sale Orders §§ 52391–52395 · 5 sections

    • § 52391 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…
    • § 52392 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…
    • § 52393 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…
    • § 52394 This article does not limit the right of the enforcement officer to proceed as authorized by other sections of this chapter.
    • § 52395 Any decision of the director pursuant to this article is subject to review by any court of competent jurisdiction.
11. ARTICLE 6.5. Seed-certifying Agencies §§ 52401–52406 · 6 sections

    • § 52401 The secretary shall, by regulation, establish a list of seed-certifying agencies that the secretary finds qualified to certify as to the variety, purity,…
    • § 52402 A seed-certifying agency may conduct or fund research projects that the agency, in its sole discretion, deems beneficial to the seed industry.
    • § 52403 Each seed-certifying agency shall establish a schedule of fees, in its discretion with input from the seed industry, for certification services provided and…
    • § 52404 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…
    • § 52405 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…
    • § 52406 In addition to any late charge, a seed-certifying agency, pursuant to procedures adopted by the seed-certifying agency, may suspend certification services to…
12. ARTICLE 7. Services §§ 52421–52422 · 2 sections

    • § 52421 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…
    • § 52422 The director, or any commissioner with the approval of the director, may annually enter into a cooperative agreement with a qualified seed certification agency…
13. ARTICLE 8. Labeling of Seeds §§ 52451–52456 · 6 sections

    • § 52451 This article does not apply to any of the following: (a) Seed or grain that is not intended for sowing purposes. (b) Seed that is in storage in, or consigned…
    • § 52452 (a) Except as otherwise provided in Section 52454, each container of agricultural seed that is for sale or sold within this state for sowing purposes shall…
    • § 52453 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…
    • § 52454 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…
    • § 52455 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…
    • § 52456 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…
14. ARTICLE 9. Violations §§ 52481–52489 · 9 sections

    • § 52481 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…
    • § 52482 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…
    • § 52483 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…
    • § 52484 (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…
    • § 52485 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…
    • § 52486 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…
    • § 52487 A violation of this chapter for having shipped, delivered, transported, or sold agricultural or vegetable seed that has false or misleading labeling shall be…
    • § 52488 It is unlawful to violate any provisions of this chapter or any regulation adopted pursuant to this chapter.
    • § 52489 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),…
15. ARTICLE 10. Abatement §§ 52511–52515 · 5 sections

    • § 52511 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…
    • § 52512 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…
    • § 52513 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…
    • § 52514 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.
    • § 52515 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…