HOUSE BILL REPORT

SSB 6176

BYSenate Committee on Agriculture (originally sponsored by Senators Barr, Hansen, Benitz, Anderson and Bailey)

Creating a uniform seed law.

House Committe on Agriculture & Rural Development

Majority Report:  Do pass with amendments.  (14)

      Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Baugher, Bristow, Brooks, Chandler, Doty, Grant, Holm, R. King, McLean, Moyer, Nealey and Rasmussen.

House Staff:Kenneth Hirst (786-7105)

AS REPORTED BY COMMITTEE ON AGRICULTURE & RURAL DEVELOPMENT

FEBRUARY 25, 1988

BACKGROUND:

The Washington State Seed Act regulates the labelling and distribution of agricultural and vegetable seed and other seed designated by rule.  The Act is administered by the Department of Agriculture.  Violations of the Act are misdemeanors.  A person who commits a second or subsequent violation within 5 years of the first is guilty of a gross misdemeanor.

The provisions of law establishing uniform procedures and penalties for civil infractions also classify the infractions. The maximum penalty for a class I civil infraction is $250.

SUMMARY:

BILL AS AMENDED:  General.  The Seed Act is amended.  The provisions of the Act are expressly applied to flower seeds and special provisions are established regulating hybrids.  Expressly exempted from various provisions of the Act is seed stored or transported by the grower of the seed.

Labelling.  For labelling purposes, seeds are separated into eight categories and labelling requirements are established which are unique to each category.  The categories are: treated seeds; agricultural seeds; lawn and turf mixtures; coated agricultural seeds; vegetable or flower seeds in packets prepared for use in home gardens and certain household plantings of flower seeds; vegetable or household plantings of vegetable or flower seeds in preplanted devices; vegetable or flower seeds in other containers; and certain agricultural and vegetable hybrid seeds.

Violations.  Violations of the Seed Act are Class I civil infractions.  Expressly added to the activities which constitute violations is the dissemination of any false or misleading advertisements concerning seeds regulated under the Act.  The violation of a "stop sale" order is a civil infraction. The provisions of the Act regarding germination testing are altered.  A provision of the Act which makes it illegal to distribute seed which contains less than 25% pure live seed is repealed.  No longer expressly exempted from the labelling requirements of the Act is seed weighed and packaged in the presence of the purchaser from a bulk container which is labeled in accordance with the Act.  Provisions regarding the transportation of seed are altered.

Arbitration.  An arbitration system is established for investigating the claims of buyers damaged by the failure of seed to produce or perform as represented and any counterclaims against such buyers.  It applies only to claims or counterclaims for a monetary amount in excess of $10,000.  The arbitration procedure must be used for such claims or counterclaims before court action may be instituted, but an award resulting from arbitration is binding only if the parties have agreed to use the binding arbitration procedures established under other state statutes governing such arbitration.

Complaints requesting non-binding arbitration must be filed with the Department of Agriculture. The Director must submit the complaint and any response to a five-member arbitration committee composed of the Director and four persons appointed by the Director.  The membership of the committee is to be balanced so that it does not favor either buyers or dealers. The members of the committee serve without compensation but are to be reimbursed for travel expenses, the cost of which must be borne equally by the parties to the arbitration.  The Director must provide for staff support, including legal advice, for the committee.

AMENDED BILL COMPARED TO SUBSTITUTE:  The provisions of the bill regarding mandatory, non-binding arbitration and the composition of the arbitration committee are altered by the striking amendment.  Claims for $10,000 or less are exempted from the arbitration provisions by the striking amendment.  The amendment requires voluntary binding arbitration to be conducted under separate law currently governing such arbitration rather than under provisions of the Seed Act administered by the arbitration committee.  The striking amendment also repeals provisions of the Seed Act imposing criminal penalties for actions which are civil infractions under the bill.  The provisions expressly exempting seed stored or transported by the grower of the seed from various provisions of the Seed Act are provided by the striking amendment.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Les Clemons, Washington Seed Council.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    (1) The USDA and a national organization of seedmen have developed a model, uniform seed law for the states.  This bill applies the model law to this state's statutes.  (2) The Seed Act will now regulate hybrids and flower seeds, sectors of the seed industry that are very important to the state.  (3) The arbitration procedure lends dignity to the Seed Act process.

House Committee - Testimony Against:      None Presented.