Invasive species: noxious weeds: online marketplaces

The law targets online sales that can introduce or spread invasive weeds. Marketplaces can avoid penalties by maintaining controls that block and detect prohibited listings.

What the law does ​

• Prohibits online marketplaces from facilitating sales or shipments of noxious weeds for delivery in California.
• Allows the Secretary of Food and Agriculture to notify a marketplace after a prohibited shipment is identified, generally identifying the seller, listing, and weed.
• Authorizes penalties after notice of $25,000 for a first violation, $50,000 for a second, and $75,000 for each later violation.
• Authorizes separate penalties equal to the reasonable costs of remediating damage caused by a violation.
• Exempts marketplaces from these penalties if they demonstrate and maintain reasonable controls, including payment blocks, anti-mislabeling processes, and restrictions on repeat sellers.
• Deposits penalty revenue in the Department of Food and Agriculture Fund for plant-quarantine and pest-control enforcement, subject to legislative appropriation.

Who it affects ​

• Online marketplaces that enable third-party sellers to sell or ship products to California.
• Third-party sellers listing plants for delivery to California.
• The California Department of Food and Agriculture and county agricultural commissioners identifying prohibited shipments and enforcing the law.

Context ​

An online marketplace may seek court review of a penalty decision within 30 days.