20250AB__214396AMD INTRODUCED 2026-02-18 AMENDED_ASSEMBLY 2026-03-16 AMENDED_ASSEMBLY 2026-04-06 AMENDED_ASSEMBLY 2026-05-18 2025 AB AMD Introduced by Assembly Member Irwin (Coauthors: Assembly Members Aguiar-Curry, Alanis, Ransom, Hart, and Macedo) LEAD_AUTHOR ASSEMBLY Irwin COAUTHOR ASSEMBLY Aguiar-Curry COAUTHOR ASSEMBLY Alanis COAUTHOR ASSEMBLY Ransom COAUTHOR ASSEMBLY Hart COAUTHOR ASSEMBLY Macedo

An act to add

Article 1.9 (commencing with

Section 7290) to

Chapter of Part of Division of the Food and Agricultural Code, relating to invasive species. invasive species Invasive species: noxious weeds: online marketplaces. Existing law designates the Department of Food and Agriculture as the lead department in noxious weed management and requires the department, in cooperation with the Secretary of the Natural Resources Agency, to implement provisions relating to noxious weed management.

Existing law prohibits a person from selling, distributing, or transporting into, or within, a weed-free area any seed of a noxious weed that the secretary has declared the area to be practically free from. This bill would prohibit an online marketplace, as defined, from accepting payment for a noxious weed for delivery to an address located in the state.

The bill would authorize the secretary to, in lieu of prosecution, levy an administrative penalty against an online marketplace that violates this prohibition and would authorize the secretary to seek all reasonable costs associated with remediating any damage caused by a violation of this prohibition. The bill would require all moneys collected pursuant to these provisions to be deposited into the Noxious Weed Management Account.

By expanding the scope of a crime, the bill would impose a state-mandated local program.</xhtml:p><xhtml:p>The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.</xhtml:p><xhtml:p>This bill would provide that no reimbursement is required by this act for a specified reason.</xhtml:p>"?> This bill would prohibit an online marketplace, as defined, from facilitating the sale or shipment of a noxious weed for delivery to an address located in the state.

The bill would authorize the Secretary of Food and Agriculture, if an employee of the department acting within the course and scope of their regular duties and using existing resources identifies a shipment of a noxious weed and determines that the shipment originated from or occurred through a transaction conducted through an online marketplace in violation of this prohibition, to provide written notice, including specified information, to the online marketplace that it may be subject to an administrative penalty for violating this prohibition.

The bill would authorize the Secretary of Food and Agriculture to levy a specified administrative penalty against an online marketplace for violating this prohibition if both the online marketplace received that written notice and, after any written notice, an employee of the department acting within the course and scope of their regular duties and using existing resources identifies a shipment of a noxious weed and determines that the shipment originated from or occurred through a transaction conducted through an online marketplace in violation of this prohibition, unless the marketplace demonstrates to the department that it has implemented and maintains reasonable controls, as defined.

The bill would also authorize the Secretary of Food and Agriculture to levy a separate administrative penalty against an online marketplace to recover all reasonable costs associated with remediating any damage caused by a violation of this prohibition in an amount equal to those reasonable costs. The bill would require all moneys collected pursuant to these provisions to be deposited into the Department of Food and Agriculture Fund to, upon appropriation by the Legislature, cover costs related to the enforcement of provisions relating to plant quarantine and pest control.

The bill would prohibit an online marketplace subject to an administrative penalty pursuant to these provisions from being subject to other fines or penalties for a violation of this prohibition. MAJORITY NO YES NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

Article 1.9 (commencing with

Section 7290) is added to

Chapter of Part of Division of the Food and Agricultural Code , to read: 1.9. Noxious Weeds Online Marketplaces 7290. For purposes of this article, all of the following

definitions apply: (a) “Online marketplace” means an electronically accessed platform that includes features that facilitate a third-party seller to engage in any part of a transaction, including the sale, purchase, payment, storage, shipping, or delivery of a product for delivery into this state. (b) “Reasonable controls” means reasonable procedures, acts, or practices that are designed and implemented to do all of the following:

(1) Prevent the acceptance of payment for a noxious weed listed for delivery to an address in the state, including, but not limited to, a noxious weed listed for sale by its scientific name, common name, or a publicly known variation of either.

(2) Maintain a process to identify and address mislabeling or deceptive marketing of a plant for the purpose of avoiding detection of a noxious weed.

(3) Identify and restrict a third-party seller whose listings for noxious weeds are repeatedly successfully processed on the online marketplace despite the reasonable controls. (b)</xhtml:p>"?> (c) “Third-party seller” means a person or entity, independent of an online marketplace, who sells, offers to sell, or contracts with an online marketplace to sell or ship a product for delivery into this state using an online marketplace. 7291. (

a) An online marketplace shall not facilitate the sale or shipment of a noxious weed for delivery to an address located in the state. (

b) If an employee of the department acting within the course and scope of their regular duties and using existing resources identifies a shipment of a noxious weed and determines that the shipment originated from, or occurred through a transaction conducted through, an online marketplace in violation of subdivision (a), the secretary may provide written notice to the online marketplace that it may be subject to an administrative penalty for that violation that includes, to the extent feasible, all of the following information:

(1) The identity of the third-party seller.

(2) The product listing.

(3) The noxious weed identified in the shipment. (c)

(1) The secretary may levy an administrative penalty against the online marketplace for a violation of subdivision (a), except as provided in subdivision (e), if both of the following occur: (

A) The online marketplace received written notice pursuant to subdivision (b). (

B) An employee of the department acting within the course and scope of their regular duties and using existing resources identifies a shipment of a noxious weed and determines that the shipment originated from, or occurred through a transaction conducted through, an online marketplace in violation of subdivision (

a) following the online marketplace receiving any written notice pursuant to subdivision (b).

(2) If the secretary levies an administrative penalty pursuant to paragraph (1), the administrative penalty shall be as follows: (

A) Twenty-five thousand dollars ($25,000) for the first violation after written notice pursuant to subdivision (b). (

B) Fifty thousand dollars ($50,000) for a second violation. (

C) Seventy-five thousand dollars ($75,000) for a third or subsequent violation. (

d) The secretary may levy a separate administrative penalty against the online marketplace, in addition to any other administrative penalty levied pursuant to subdivision (c), in an amount equal to the reasonable costs associated with remediating damage caused by a violation of subdivision (a). (

e) An online marketplace shall not be subject to an administrative penalty pursuant to subdivision (

c) or (

d) if the online marketplace demonstrates to the satisfaction of the department that it has implemented, and maintains, reasonable controls. (

f) The revenues from an administrative penalty levied pursuant to this

section shall be deposited into the Department of Food and Agriculture Fund to, upon appropriation by the Legislature, cover costs related to the enforcement of this division. (

g) Notwithstanding any other law, an online marketplace subject to an administrative penalty pursuant to this

section shall only be subject to the administrative penalties described in this section. (b)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>This

section shall be enforced by the secretary.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>In lieu of prosecution, the secretary may levy an administrative penalty against any online marketplace that violates this

section as follows:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>Twenty-five thousand dollars ($25,000) for a first violation.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>Fifty thousand dollars ($50,000) for a second violation.</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>Seventy-five thousand dollars ($75,000) for a third or subsequent violation.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>In addition to any penalties collected pursuant to paragraph (2), the secretary may seek all reasonable costs associated with remediating damage caused by violations of this section.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>All moneys collected pursuant to this

section shall be deposited in the Noxious Weed Management Account.</xhtml:p>"?> <caml:Num>SEC. 2.</caml:Num><caml:Content><xhtml:p>No reimbursement is required by this act pursuant to

Section of

Article XIII<xhtml:span class="ThinSpace"/>B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of

Section of the Government Code, or changes the definition of a crime within the meaning of

Section of

Article XIII<xhtml:span class="ThinSpace"/>B of the California Constitution.</xhtml:p></caml:Content></caml:BillSection>"?>