Section § 52481

Explanation

This law says you can't ship, deliver, transport, or sell certain types of seeds in California until they have been tested for germination percentage as required by other sections. The test must be done within specific times before the sale or delivery. For seeds sold to dealers for resale, the test needs to be within the last eight months. For seeds sold to consumers at retail, it should be within the last 15 months. If seeds are packaged in a way that extends their life, the secretary can allow a longer period but might require extra labeling. Also, certain seeds labeled differently aren't restricted by the retail time limit once a viability statement expires, but other rules still apply.

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)CA Food And Agriculture Code § 52481(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)CA Food And Agriculture Code § 52481(b) In the case of any agricultural or vegetable seed that is sold at retail, 15 months.
(c)CA Food And Agriculture Code § 52481(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)CA Food And Agriculture Code § 52481(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.

Section § 52482

Explanation

This law makes it illegal to ship, deliver, transport, or sell certain agricultural or vegetable seeds in California unless they meet specific requirements. Seeds must be properly labeled, not contain prohibited weed seeds, and must not have false or misleading labels or advertisements. Additionally, seeds cannot claim to be certified unless they meet the standards of an official seed-certifying agency. Seeds also must not contain more than 1.5% weed seeds by weight, unless they fall under certain exceptions. Selling non-certified seeds by variety name is prohibited if it's a variety protected for certified seed sales, unless there's an exception for labeling from a certified lot.

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)CA Food And Agriculture Code § 52482(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)CA Food And Agriculture Code § 52482(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)CA Food And Agriculture Code § 52482(c) Has false or misleading labeling, or pertaining to which there has been a false or misleading advertisement.
(d)CA Food And Agriculture Code § 52482(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)CA Food And Agriculture Code § 52482(e) Contains more than 11/2 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)CA Food And Agriculture Code § 52482(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.

Section § 52483

Explanation

This law makes it illegal for anyone to do four specific things related to agricultural and vegetable seeds. First, you can't mess with any labels or warnings that are required by law, like tearing them off or changing them. Second, it prohibits spreading false or misleading ads about seeds. Third, you can't interfere with officials doing their job under this law. Finally, if you've been given a 'stop-sale' order, you have to comply with it.

It is unlawful for any person to do any of the following:
(a)CA Food And Agriculture Code § 52483(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)CA Food And Agriculture Code § 52483(b) Disseminate any false or misleading advertisement concerning agricultural or vegetable seed in any manner or by any means.
(c)CA Food And Agriculture Code § 52483(c) Hinder or obstruct in any way any authorized person in the performance of his or her duties under this chapter.
(d)CA Food And Agriculture Code § 52483(d) Fail to comply with a “stop-sale” order.

Section § 52484

Explanation

This law makes it illegal to sell, transport, or deliver agricultural or vegetable seeds treated with toxic substances unless clear labels are provided. The label must state 'TREATED SEED,' the treatment material's name, and warnings about potential hazards to humans and animals. If treatment involves multiple chemicals, each must be listed, and the label must highlight the most dangerous one. From January 1, 2027, seeds treated with pesticides must also include the EPA registration number and the amount used. These rules apply to seeds planted within California, but seeds packaged before 2027 are exempt.

(a)CA Food And Agriculture Code § 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 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)CA Food And Agriculture Code § 52484(a)(1) “TREATED SEED” and the signal word for the category of treatment material, all in capital letters.
(2)CA Food And Agriculture Code § 52484(a)(2) The chemical or generic name of the treatment material.
(3)CA Food And Agriculture Code § 52484(a)(3) An appropriately worded statement as to the hazards to humans and animals.
(4)CA Food And Agriculture Code § 52484(a)(4) An appropriately worded statement of practical treatment, if present.
(b)CA Food And Agriculture Code § 52484(b) This information shall be derived from the technical chemical label of each substance applied to the seed.
(c)CA Food And Agriculture Code § 52484(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)Copy CA Food And Agriculture Code § 52484(d)
(1)Copy CA Food And Agriculture Code § 52484(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)CA Food And Agriculture Code § 52484(d)(1)(A) The registration number from the United States Environmental Protection Agency, if applicable.
(B)CA Food And Agriculture Code § 52484(d)(1)(B) The quantity applied by weight or amount per seed.
(2)CA Food And Agriculture Code § 52484(d)(2) This subdivision shall become operative January 1, 2027.
(3)CA Food And Agriculture Code § 52484(d)(3) This subdivision shall only apply to seeds shipped, delivered, transported, distributed, or sold in the state for planting within the state.
(4)CA Food And Agriculture Code § 52484(d)(4) The requirements of this subdivision do not apply to seeds packaged before January 1, 2027.

Section § 52485

Explanation

This law makes it illegal for anyone to sell or redirect any treated grain or crop seeds for human or animal consumption if they have been treated with a toxic substance, unless there's a set limit, called a pesticide residue tolerance, that isn't surpassed.

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.

Section § 52486

Explanation

This law section states that specific rules in Sections 52481, 52482, and 52484 do not apply to transportation businesses, like shipping companies, when they are simply transporting or delivering seeds as part of their usual activities. However, these rules do not apply if the company is not involved in altering or selling the seeds.

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.

Section § 52487

Explanation

This law states that if someone ships, delivers, transports, or sells agricultural or vegetable seeds with false or misleading labels, the violation is considered to have occurred when the falsehood is discovered. The legal complaint must be filed within one year of this discovery, but no later than two years after the seed was sold.

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.

Section § 52488

Explanation

This law makes it illegal for anyone to break any rules or regulations that are part of this chapter.

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

Section § 52489

Explanation

This law states it's illegal for anyone to break the rules set by the United States Plant Variety Protection Act in specific sections regarding plant varieties.

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.