Seed Laws

    - Designed to aid in the orderly marketing of seed

    - Laws in U.S. are based on truth-in-labeling concept

History

 Annual Appropriations Act (1905)

    - Gave USDA authority to purchase, test & publish results on seed being sold in the marketplace

    - Approximately, 20% of samples were mislabeled

Seed Importation Act (1912)

    - Restricted the importation of forage crops when below minimum standards

    - Was later amended to require germination and coloration

Federal Seed Act (1936)

    - Most important legislation for seed in U.S. history

    - Applies to all seed that are imported or interstate movement

    - Required more detailed labeling requirements

Seed Label Requirements

  1. Variety & Kind

  2. Lot No.

  3. Origin

  4. Weed Seeds (%)

  5. Noxious Weed Seeds (%)

  6. Other Crop Seeds (%) 

  7. Inert Matter (%)

  8. Germination (%)

  9. Name & address of seller

 10. Inoculation effectiveness (year & month)

State Seed Laws

    - Each state has laws that regulate seed sales

    - Dept. Agric. is the typical agency with responsibility

    - State agencies may make a Stop Sale until violations are corrected

    - Most states require publication of violations

Standardization Organizations

  Association of Official Seed Analysts (AOSA)

    - Develop uniform testing procedures

  American Association of Seed Control Officials

    - Responsible for uniformity in seed laws

Federal-State Cooperation

      - Responsibility of USDA (Seed Branch)

    - Helps standardize seed-testing activities and procedures

    - Authenticates state test results when violations occur

    - Options during violations:

       1. Warning letter

       2. Cease and desist

Important provisions of seed laws

  Farmer Seed Exchange

    - Farmers are exempt from seed laws, if seed is exchanged

    - Must follow seed laws, if advertised

  Germination Tests (Interstate Commerce)

    - Must be within 5 months unless hermatically sealed, then it is 24  months

  Vegetable Seed Containers

    - Do not need a label, if less than 1 lb.

    - Must be labeled, if below the minimum standard

  Transporting for Conditioning

    - Does not need to be labeled, but must state, "Seed for Conditioning, on the invoice  

  Disclaimers

    - Disclaimers are not allowed

  Collection of Damages

    - Must be collected through civil court action

    - Proof of intent or carelessness need not be demonstrated

  Treated Seed

    - Treatment must contain a specified coloration

    - Container must be labeled with chemical name and antidote

  Noxious Weeds

    - Standards are determined by the importing state laws

    - Sale of seed with primary noxious weed seed is prohibited

  Records

    - A complete set of Declarations, Labels, Seed Samples, Handling and Sales Records, Analyses and Tests must be kept

    - Federal law requires records be kept one year

    - ND law requires records must be maintained for two years and a sample of seed must be kept for one year after final disposition of the seed lot

  Seed Label

    - Is considered to be any written, printed or graphic matter on or attached to  the container

  Plant Variety Protection Act (1970)

    - Amended in 1994

     - Title V provision

        - Seed can be sold only as a class of certified seed

   Essential Criteria

    1. Novelty

        - Must be distinguishable from all known varieties

    2. Uniformity

        - All variations within the population must be describable, predictable and commercially acceptable

    3. Stability

        - Characteristics must remain unchanged thoughout successive generations

  Length of protection

    - 17 years on varieties protected prior to April, 1994

    - 18 years on varieties protected since April, 1994

  Farmer Exclusion

    - Farmers are excluded from PVP Title V constraints on varieties protected  prior to 1994, provided that they do not advertise the seed

    - No exclusions exist on varieties protected after April 1, 1994

  Variety Protection in Other Countries

   - Canada   

      - Plant Breeders Rights Act in Canada is very similar to PVP, 1994

      - Seed laws are very similar to U.S.

    - Europe

       - Laws are not based on truth-in-labeling

       - Laws are generally more restrictive than in U.S.

         - Only certified seed may be sold

         - Only Approved varieties may be sold

References:

Principles of Seed Science and Technology. 3rd Ed. L.O. Copeland and M.B. McDonald. Chapman and Hill, New York, 1995