Invasive species: noxious weeds: online marketplaces.

The new article was relocated from Part 4, Article 1.9 (commencing with Section 7290) to Part 2, Article 4 (commencing with Section 6351) of the Food and Agricultural Code, placing it alongside other noxious weed management provisions rather than in a separate part.

The person who can identify a violating shipment was broadened. Previously only 'an employee of the department acting within the course and scope of their regular duties and using existing resources' could trigger the notice-and-penalty process. Now 'the secretary or commissioner' (i.e., the Secretary of Food and Agriculture or a county agricultural commissioner) can identify a shipment, removing the limitation to routine duties and existing resources.

The core prohibition was broadened from 'accept payment for the purchase of a noxious weed' to 'facilitate the sale or shipment of a noxious weed,' covering a wider range of marketplace activities beyond just processing payments.

The bill's codification location moved from Article 1.9 (Section 7290) in Chapter 1 of Part 4 to Article 4 (Section 6351) in Chapter 1 of Part 2 of Division 4 of the Food and Agricultural Code, placing it alongside other plant quarantine provisions.

The state-mandated local program designation changed from 'yes' to 'no,' and the corresponding reimbursement section (former Section 2) was removed, eliminating any potential fiscal obligation to local agencies.

The ability to identify violations and trigger enforcement was expanded from only department employees acting within regular duties to include the secretary or a county agricultural commissioner, giving local agencies a direct role in detection.

A new administrative review provision (subdivision f) allows an online marketplace to seek judicial review of a penalty decision within 30 days pursuant to Section 1094.5 of the Code of Civil Procedure (administrative mandamus).

Penalty revenues were redirected from the Noxious Weed Management Account to the Department of Food and Agriculture Fund, to be used upon legislative appropriation for enforcement of plant quarantine and pest control provisions.

The penalty structure was reorganized to require both a prior written notice AND a subsequent identified violation before a penalty can be levied, creating a clearer two-strike framework. Dollar amounts remain unchanged at $25,000 / $50,000 / $75,000.

A new operative date provision (Section 6353) sets April 1, 2027 as the date the article becomes effective.

The core prohibition was expanded from 'accept payment for the purchase of a noxious weed' to 'facilitate the sale or shipment of a noxious weed,' broadening what conduct is covered beyond just the payment step.

The state-mandated local program designation was changed from 'yes' to 'no,' indicating the bill no longer imposes a state-mandated local program.

A new definition of 'reasonable controls' was added, requiring marketplaces to prevent payment acceptance for listed noxious weeds, maintain processes to detect mislabeling or deceptive marketing, and identify and restrict repeat offending third-party sellers.

The definition of 'online marketplace' was narrowed from 'allow for, facilitate, or enable' to just 'facilitate,' and the word 'shopping' was removed from the list of transaction features.

A two-strike enforcement mechanism was added: the secretary must first provide written notice (including seller identity, product listing, and weed identified) before a penalty can be levied, and a second violation must occur after that notice.

An exclusivity clause was added stating that an online marketplace subject to an administrative penalty under this section shall only be subject to the penalties described in this section, barring other fines or penalties for the same violation.

Remediation costs were restructured from a general authorization to 'seek all reasonable costs' into a separate administrative penalty levied in an amount equal to those reasonable costs.

A safe harbor provision was added: an online marketplace is exempt from administrative penalties if it demonstrates to the department that it has implemented and maintains reasonable controls as defined.

Revenue from administrative penalties was redirected from the Noxious Weed Management Account to the Department of Food and Agriculture Fund, to be used upon legislative appropriation for enforcement costs related to plant quarantine and pest control.

New subsection (b) to Section 7291 establishes that the Secretary of Food and Agriculture enforces the prohibition, may levy administrative penalties in lieu of prosecution ($25,000 first violation, $50,000 second, $75,000 third or subsequent), may seek all reasonable remediation costs for damage caused by violations, and requires all collected moneys to be deposited in the Noxious Weed Management Account.

In the definition of 'online marketplace,' the word 'shopping' was replaced with 'shipping' in the list of transaction features the platform must include (sale, purchase, payment, storage, shipping, or delivery).

The prior Section 1, which stated the Legislature's intent to enact subsequent legislation regarding invasive plant species, was removed entirely.

Fiscal committee designation changed from 'no' to 'yes,' and state-mandated local program designation changed from 'no' to 'yes,' reflecting the new penalty and remediation cost provisions that create fiscal obligations.

Added Article 1.9 (Sections 7290-7291) to Chapter 1 of Part 4 of Division 4 of the Food and Agricultural Code, creating a new regulatory framework for noxious weeds on online marketplaces.

The original intent statement (to enact subsequent legislation regarding invasive plant species) was retained but renumbered as Section 3, making it secondary to the new substantive prohibition.

Defined 'online marketplace' as an electronically accessed platform that allows third-party sellers to engage in transactions including sale, purchase, payment, storage, shopping, or delivery of products into the state. Defined 'third-party seller' as a person or entity independent of the marketplace who sells or offers to sell a product using the marketplace.

Prohibited online marketplaces from accepting payment for the purchase of a noxious weed for delivery to an address located in California (Section 7291).

Fiscal committee review changed from 'no' to 'yes,' and state-mandated local program changed from 'no' to 'yes' because the bill expands the scope of a crime, imposing costs on local agencies.

Added a reimbursement provision (Section 2) stating no state reimbursement is required under Article XIII B of the California Constitution because the act creates a new crime or changes the definition of a crime within the meaning of Section 17556 of the Government Code.