SEED LAWS IN CA APPEAR TO BE STRICTER THAN IN PENNSYLVANIA
It appears that where Seed Laws in Pennsylvania can be circumvented to allow for seed swaps and Seed Library members to organize their own independent Seed Banks, this is not the case in California
August 25, 2014
6:35 pm
http://curezone.com/blogs/fm.asp?i=2199204
This article expresses some concerns
WHAT THE SMALL-TIME SELLERS OF SEED NEED TO KNOW BEFORE THEY SELL SEED IN CALIFORNIA
by John Heaton, Senior Agricultural Biologist, California Department of Food and Agriculture, Nursery, Seed and Cotton
For example, the California Seed Law requires persons selling agricultural and vegetable seed to obtain authorization from the Secretary of Agriculture before they sell such seed, regardless of the amount [F&C Division 18, Chapter 2 Section 52351]. The Food and Agriculture code defines “sell” as offering for sale, exposing for sale, possessing for sale, exchanging, bartering, or trading seed. Persons selling agricultural or vegetable seed in California without authorization are in violation of Section 52351 and are subject to enforcement actions by the California Department of Food and Agriculture.
I received this from Johnny Zook on Aug 22.
This looks like Seed Law in CA would make seed exchanges needing to have permits.
http://www.seedquest.com/forum/h/HeatonJohn/default.htm
Johnny Zook | Seed Program Supervisor
I REREAD THIS:
SETTING THE RECORD STRAIGHT ON THE LEGALITY OF SEED LIBRARIES
Aug 25. 2014
4:13 pm
California and other states define “sell” to include exchange, barter, or trade. This broad definition helps to ensure that people can’t sidestep regulation simply because they aren’t using dollars to bargain.
Working Within Grey Areas
California and other states define “sell” to include exchange, barter, or trade. This broad definition helps to ensure that people can’t sidestep regulation simply because they aren’t using dollars to bargain. Bargaining is a key concept in all of this. We have innumerable regulations designed to temper the potential harms that arise when people bargain in the context of commerce. Merchants have an incentive to seek high prices and to reduce their costs in order to get more. When people transact within the “get more” frame of mind, it is far more likely they will cut corners, disregard risks, be careless, mislead people, and so on. That’s why regulations apply when people sell things, but rarely when people give things.
Seed libraries have a “give more” frame of mind, which motivates the libraries to do right by their members and the community. They ask people to donate seed back to the library, but do so with the goal of giving away more seed. The letter of the law doesn’t tell us that seed libraries are clearly exempt from regulation, but the spirit of the law does.
http://www.shareable.net/blog/setting-the-record-straight-on-the-legality-of-seed-libraries
3:22 pm-
August 25,2014
RICHMOND GARDENERS DEFEND LIBRARY SEED EXCHANGES FOLLOWING PENNSYLVANIA CRACKDOWN
August 22, 2014 by Mike Aldax
Gardeners nationwide are “on alert” following a crackdown by Pennsylvania regulators on a library seed exchange program, the Wall Street Journal reported Thursday.
But Richmond’s green thumbs are prepared to defend the noncommercial exchange of seeds in their city, where access to healthy food options is scant.
http://richmondstandard.com/2014/08/richmond-gardeners-stand-library-seed-exchanges-following-pennsylania-crackdown/
From the Wall Street Journal
August 22, 2014
Link: http://online.wsj.com/articles/gardeners-on-alert-as-pennsylvania-targets-risks-of-seed-exchanges-1408626463
State agency regulators in Pennsylvania and Maryland have come down against seed-exchange programs at local libraries, reports The Wall Street Journal, citing concerns that distributing homegrown seeds not subject to quality testing could spread invasive or poisonous plants. The number of community seed libraries housed in local libraries across the country has been growing recently. Typically, patrons borrow seeds to plant a garden and then return seeds saved from their harvest. The state regulators say that the libraries' role in the process amounts to seed distribution, which makes them subject to state seed laws and requirements for germination testing.
Appeared here:
https://attra.ncat.org/calendar/br_news.php/2014/08/22/state-regulators-crack-down-on-library-seed-exchange-programs
LINK
SEED LIBRARIES TWITTER
https://twitter.com/seedlibraries
SEED LIRARIES BLOG
http://seedlibraries.tumblr.com/post/95462453192/director-rocky-mountain-seed-alliance
SEED LIBRARIES ON FACEBOOK
SIGNATURE FOR PLANTING CLARITY! SIMPSON SEED LIBRARY-DEPARTMENT OF AG COMMUNICATIONS
I ordered some memorability from the Simpson Public Library site that arrived August 18, 2014. I would like to take these to The National Heirloom Expo September 9,10,11 in Santa Rosa, Ca, where I will teach as well as participate in a National Seed Library Summit. I went into the garden to plant Ancient Grains of Kamut ® Khorasan wheat today that had been sprouting during the last week. I am planting seeds for clarity around the Simpson Seed Library-Department of Ag Communications. May good come from the communication. May all our work pave the way for Seed Libraries to continue to flourish with the well wishes of all. May a National Conversation emerge in support of Seed Saving, Support for Seed Libraries, and GMO Education. I wrote Plant Your Dream Blogs to contribute to this clarity and good outcomes. Today, I heard from Johnny Zook, Seed Program Supervisor, Penn Department of Ag, and Jonelle Darr, Cumberland County Executive Director, home of the Simpson Seed Library. Darr thanked me for attempting to correct the facts and said, "From what I could see, the information that you have regarding my statements, and the library's actions are correct." Johnny Zook said he liked the story and that I included what needed to be told regarding their communications. Here is the story, "Planting Clarity! Simpson Seed Library and Ag Dept Wrap Up," "Planting Clarity! Simpson Seed Library and Ag Dept Wrap Up," --Leslie Goldman, Your Enchanted Gardener, August 18, 2014.
PLANTING CLARITY! SIMPSON SEED LIBRARY AND AG DEPT WRAP UP
http://curezone.org/blogs/fm.asp?i=2196853
SEED PROTOCOL DISCUSSION GROUP NOTES
http://curezone.com/blogs/fm.asp?i=2197727
PLANTING SEEDS FOR A NATIONAL CONVERSATION
http://curezone.org/blogs/fm.asp?i=2193937
AN OPEN LETTER TO PRESIDENT OBAMA ASKING FOR SUPPORT FOR SEED LIBRARIES AND GMO EDUCATION
http://curezone.org/blogs/fm.asp?i=2193991
HELPING UNCLE SAM MARRY AUNTIE (ANTI) GMO
http://curezone.org/blogs/fm.asp?i=2181365
TEACHINGS FOR THE NATIONAL HEIRLOOM EXPO FROM LESLIE GOLDMAN 2014
I am schedule to teach Helping Uncle Sam Marry Auntie (Auntie) GMO
at 11:30 Tuesday, September 9, in Kraft Hall.
I am scheduled to teach Growing a Healthier Pizza with Plant Your Dream Seeds, with the youth, at 12:15-12:45 pm,, Wed, September 10, 2014 in the Educational & Fun Area.
http://curezone.com/blogs/fm.asp?i=2197699
COMPREHENSIVE COMMUNICATIONS BETWEEN THE SIMPSON LIBRARY AND THE PENNSYLVANIA DEPARTMENT OF AG ON THE SIMPSON LIBRARY SITE
The Simpson Public Library has done a wonderful job of detailing the main communications about the unfoldment of these events.
http://www.cumberlandcountylibraries.org/?q=SIM_SeedLibrary
This Art, How Fast Can a Dream Grow! As Fast as a Blade of Grass! is the centerpiece of our Grow A Healthier Pizza Campaign. Canvas copies are available. Contact me, 619.384.2631.
A GROWING NUMBER OF SEED LIBRARIES NOW EXIST IN MANY PUBLIC LIBRARIES.
This is the way the Seed Library has been working;
Seed libraries, often located in public libraries or other community gathering points, are institutions created for the purpose of sharing seeds. The idea is that a library patron can “check-out” seeds to grow themselves, let “go-to-seed”, and then return seeds to the library to share with other community members. The seeds circulated at lending libraries are usually regionally-adapted and heirloom (unlike most commercial “hybrid” seeds, so that the next generation of seeds will produce plants similar to the parent plant). The purpose of most seed libraries is to provide an alternative to genetically modified seeds, increase biodiversity and plant resilience, and reconnect local people with their food systems.
More about Seed Libraries are found on the seed library social network site
RETURNING SEEDS TO THE SIMPSON LIBRARY
The issue that surfaced through interactions between the Simpson Seed Library and the Pennsylvania Department of Ag was the problem of returning seeds to the Public Library Seed Library. This brought the Seed Library under regulation through the Seed Law of Pennsylvania that has specific rules for seed distributors, Many States have similar seed laws that mirror a Federal seed Law.
MANY SEED LIBRARIES BECAME CONCERNED WHEN THE STORY ABOUT THE SIMPSON SEED LIBRARY AND ITS INTERACTIONS WITH THE PENN DEPARTMENT OF AG WENT VIRAL
David King, who founded the Seed Library of Los Angeles, asks the question in one recent Post, "Are Seed Libraries Illegal?" He is heavily quoted on other subjects in Naomi Cleason's August 5 story in the Carlisle Sentinel "Pa. department backs seed library protocol as reaction grows" . Others are exploring, "Setting the Record Straight on the Legality of Seed Libraries".
NATIONAL SEED LIBRARY SUMMIT
There will also be a National Seed Library Summit
at this Heirloom Expo scheduled for 4-6 pm, Wed, September 10. I want to meet some of the leaders. More details will be forthcoming.
August 22, 2014 by Mike Aldax