SECTIONS 52481-52489 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 52481-52489

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.

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.

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.

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 upon
each container all of the following information:
(1) "TREATED SEED" and the signal word for the category of
treatment material all in capital letters.
(2) The chemical or generic name of the treatment material.
(3) An appropriately worded statement as to the hazards to humans
and animals.
(4) An appropriately worded statement of practical treatment, if
present.
(b) This information shall be derived from the technical chemical
label of the substance applied to the seed.
(c) When more than one substance is applied, each substance shall
be noted on the label, and the seed shall be labeled for the
substance with the higher level of toxicity.

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 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.

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 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.

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 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.

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), 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.