reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 2.6 - Genetically Engineered Plants › Section 52300.

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 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.
(Added by Stats. 2008, Ch. 424, Sec. 1. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 2.6 - Genetically Engineered Plants › Section 52301.

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 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).
(Added by Stats. 2008, Ch. 424, Sec. 1. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 2.6 - Genetically Engineered Plants › Section 52302.

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 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.
(Added by Stats. 2008, Ch. 424, Sec. 1. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 2.6 - Genetically Engineered Plants › Section 52303.

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 harvest.
(Added by Stats. 2008, Ch. 424, Sec. 1. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 2.6 - Genetically Engineered Plants › Section 52304.

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 investigation within 30 days after the results are reported from the testing laboratory.
(Added by Stats. 2008, Ch. 424, Sec. 1. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 2.6 - Genetically Engineered Plants › Section 52305.

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 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.
(Added by Stats. 2008, Ch. 424, Sec. 1. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 2.6 - Genetically Engineered Plants › Section 52306.

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 or applications that can be given effect without the invalid provision or application.
(Added by Stats. 2008, Ch. 424, Sec. 1. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 3 - Exceptions › Section 52311.

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 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.
(Amended by Stats. 1967, Ch. 227.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 3.5 - Funding › Section 52321.

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 only for the purpose of this chapter.
(Amended by Stats. 1993, Ch. 277, Sec. 1. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 3.5 - Funding › Section 52322.

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 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.
(Amended by Stats. 2013, Ch. 385, Sec. 1. (SB 348) Effective January 1, 2014.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 3.5 - Funding › Section 52323.

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 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.
(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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 3.5 - Funding › Section 52324.

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 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.
(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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 3.5 - Funding › Section 52325.

52325. (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.
(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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 4 - Regulations › Section 52331.

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 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.).
(Amended by Stats. 1992, Ch. 474, Sec. 1. Effective January 1, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 4 - Regulations › Section 52333.

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 the provisions of Section 6501 and shall designate such premises as origin inspected warehouses.
(Added by Stats. 1968, Ch. 288.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 4 - Regulations › Section 52334.

52334. The declaration of a plant, seed, nursery stock, or crop as invasive is a power reserved for the secretary.
(Repealed and added by Stats. 2016, Ch. 340, Sec. 13. (SB 839) Effective September 13, 2016.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 4.5 - Registration and Assessment › Section 52351.

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 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.
(Amended by Stats. 2008, Ch. 399, Sec. 2. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 4.5 - Registration and Assessment › Section 52351.5.

52351.5. (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.
(Added by Stats. 2016, Ch. 259, Sec. 4. (AB 1810) Effective January 1, 2017.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 4.5 - Registration and Assessment › Section 52352.

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 of a fiscal year beginning July 1.
(Added by Stats. 1973, Ch. 919.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 4.5 - Registration and Assessment › Section 52353.

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 shall be added to the fee.
(Added by Stats. 1973, Ch. 919.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 4.5 - Registration and Assessment › Section 52354.

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 ($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.
(Amended by Stats. 2006, Ch. 499, Sec. 6. Effective January 1, 2007.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 4.5 - Registration and Assessment › Section 52354.5.

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, and the date and method of collecting the assessment. The board shall make a recommendation regarding the level of assessment to the director.
(Added by Stats. 1992, Ch. 474, Sec. 2. Effective January 1, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 4.5 - Registration and Assessment › Section 52354.8.

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 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.
(Added by Stats. 1992, Ch. 474, Sec. 3. Effective January 1, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 4.5 - Registration and Assessment › Section 52355.

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 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.
(Added by Stats. 1973, Ch. 919.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 4.5 - Registration and Assessment › Section 52356.

52356. 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.
(Amended by Stats. 2011, Ch. 133, Sec. 45. (AB 120) Effective July 26, 2011.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 5 - Powers of Enforcing Officers › Section 52361.

52361. 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.
(Amended by Stats. 2006, Ch. 499, Sec. 7. Effective January 1, 2007.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 5 - Powers of Enforcing Officers › Section 52362.

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 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.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 5 - Powers of Enforcing Officers › Section 52363.

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 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.
(Amended by Stats. 1967, Ch. 262.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 6 - Stop-Sale Orders › Section 52391.

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 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.
(Amended by Stats. 2006, Ch. 499, Sec. 8. Effective January 1, 2007.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 6 - Stop-Sale Orders › Section 52392.

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 enforcing officer or under his specific direction and for the purposes which are specified.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 6 - Stop-Sale Orders › Section 52393.

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 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.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 6 - Stop-Sale Orders › Section 52394.

52394. This article does not limit the right of the enforcement officer to proceed as authorized by other sections of this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 6 - Stop-Sale Orders › Section 52395.

52395. Any decision of the director pursuant to this article is subject to review by any court of competent jurisdiction.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 6.5 - Seed-certifying Agencies › Section 52401.

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, 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.
(Added by Stats. 1995, Ch. 715, Sec. 5. Effective January 1, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 6.5 - Seed-certifying Agencies › Section 52402.

52402. A seed-certifying agency may conduct or fund research projects that the agency, in its sole discretion, deems beneficial to the seed industry.
(Added by Stats. 1995, Ch. 715, Sec. 5. Effective January 1, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 6.5 - Seed-certifying Agencies › Section 52403.

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 research conducted pursuant to this article.
(Added by Stats. 1995, Ch. 715, Sec. 5. Effective January 1, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 6.5 - Seed-certifying Agencies › Section 52404.

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 purpose authorized by this chapter.
(Added by Stats. 1995, Ch. 715, Sec. 5. Effective January 1, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 6.5 - Seed-certifying Agencies › Section 52405.

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 required by this article within the time required by the seed-certifying agency.
(Added by Stats. 1995, Ch. 715, Sec. 5. Effective January 1, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 6.5 - Seed-certifying Agencies › Section 52406.

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 any person who fails to timely pay any fee or late charge required by this article.
(Added by Stats. 1995, Ch. 715, Sec. 5. Effective January 1, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 7 - Services › Section 52421.

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 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.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 7 - Services › Section 52422.

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 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.
(Amended by Stats. 1993, Ch. 277, Sec. 6. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 8 - Labeling of Seeds › Section 52451.

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 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.
(Amended by Stats. 2016, Ch. 259, Sec. 5. (AB 1810) Effective January 1, 2017.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 8 - Labeling of Seeds › Section 52452.

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 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.
(Amended by Stats. 2021, Ch. 70, Sec. 100. (AB 141) Effective July 12, 2021.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 8 - Labeling of Seeds › Section 52453.

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 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.
(Amended by Stats. 2006, Ch. 499, Sec. 10. Effective January 1, 2007.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 8 - Labeling of Seeds › Section 52454.

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 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.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 8 - Labeling of Seeds › Section 52455.

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 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).
(Amended by Stats. 2006, Ch. 499, Sec. 11. Effective January 1, 2007.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 8 - Labeling of Seeds › Section 52456.

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 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.
(Amended by Stats. 2000, Ch. 589, Sec. 2. Effective January 1, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 9 - Violations › Section 52481.

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 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.
(Amended by Stats. 2006, Ch. 499, Sec. 12. Effective January 1, 2007.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 9 - Violations › Section 52482.

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 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 1
1
/
2
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.
(Amended by Stats. 2006, Ch. 499, Sec. 13. Effective January 1, 2007.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 9 - Violations › Section 52483.

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