SECTIONS 52331-52333 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 52331-52333

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.).

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 from agricultural or vegetable seed.
(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 which, therefore, are classed 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, which the secretary finds and determines
are toxic to human beings or animals if so used, together with an
appropriate warning or caution statement for each such substance.
(f) Establish 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, 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 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.
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) Establish additional labeling requirements for coated,
pelleted, encapsulated, mat, tape, or any other germination medium or
device used on agricultural or vegetable seed in order that the
purchaser or consumer will be informed as to the actual amount of
seed purchased.

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.