California Legal Codes and Statutes

Article 8 - Labeling of Seeds

California Food and Agricultural Code — §§ 52451-52456

Sections (6)

§ 52451

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

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.
§ 52452

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

(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.
§ 52453

Amended by Stats. 2006, Ch. 499, Sec. 10. Effective January 1, 2007.

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.
§ 52454

Enacted by Stats. 1967, Ch. 15.

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.
§ 52455

Amended by Stats. 2006, Ch. 499, Sec. 11. Effective January 1, 2007.

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).
§ 52456

Amended by Stats. 2000, Ch. 589, Sec. 2. Effective January 1, 2001.

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.