Between Federal Laws and independent State Laws seed labeling and compliance can be complicated. At HGSA’s January webinar Lan Chi Trinh, a Regulatory Manager with the USDA, and Karen Withers with AgCultured Consulting illustrated just how complicated those regulations can be. 

“I don’t know how you all do it,” remarked Karen, as she explained how her firm was documenting every state’s labeling requirements for a new seed labeling database.

“We’re all in violation, frequently!” (and, I might add, unwittingly) responded Robb Baumann, HGSA’s president.

This broad overview of the basics may or may not answer all labeling questions, but an important thing for HGSA members to know is that Chi and Karen are just an email message or phone call away, and they’re happy to help.

Lan-Chin.Trinh@usda.gov; 704-810-7272

Karen@agcultured.com; 503-767-8232

Chi explained that the Federal Seed Act (FSA) is a truth-in-labeling law that regulates agricultural and vegetable seed shipped in interstate commerce. Primary labeling requirements for food, feed, fiber, and turf (but not ornamental flowers) include seed purity percentage, number of noxious weed seeds per pound, chemical seed treatments, kind and varietal identification, and, generally, the name and address of the interstate shipper.  As an alternative, an interstate shipper can put their customer’s name on a seed packet and identify themselves by using an AMS code, a designation issued by the Agricultural Marketing Service, a division of the USDA. 

The month and year seed is tested for germination is also a requirement. Seed must be transported within 5 months of the germination test, unless the seed is hermetically sealed, in which case it must be shipped within 24 months. A lot number is required if seed is sold in containers of more than 1 pound.

Other aspects of seed labeling include specific language for Title V variety seeds, that is, crop seeds that are released with and governed by Plant Variety Protection (PVP) Title V. These seeds must be certified and can only be sold by variety name. 

The FSA has specific rules for mixtures and blends. A “mixture” is defined as seeds consisting of more than one kind or variety, each present in excess of 5% of the whole. A “blend” consists of more than one variety of a single kind. Both must be labeled with variety names listed in order of predominance. 

If all this is confusing, Chi offers a couple of suggestions:

States have additional requirements. What’s more, these requirements differ from state to state. And that’s where Karen Withers’ project comes in.

In 2023 the Oregon Seed Association (OSA) procured a grant through the Specialty Crop Block Grant Program. Their objective is to develop a database of state and federal seed labeling requirements for all turf and vegetable seeds produced in Oregon. Karen is charged with coordinating the data collection and database design, and, ultimately, the database’s official launch, which is scheduled for summer of 2025.

Currently, the seed industry does not have a centralized system, so a company’s labeling department must manually keep state and federal requirements up to date using multiple spreadsheets and other methods. Labeling requirements can change frequently, sometimes without notification to industry. A database solution with ongoing oversight and updates will save significant staff time and prevent unintentional errors. 

Karen and her team have collected information from seed companies, the USDA, all fifty states, and other entities to determine specific requirements. The details required by the FSA on vegetable seeds labels include kind, variety, seller information, date of germination test, etc. States may require sell-by dates, lot numbers, specifics about seed treatments, and more.  

Although the Recommended Uniform State Seed Law (RUSSL) was developed as a model for states in 1949, and can serve as a general reference point, it is technically a guideline, and not a law. Karen noted that no state follows these guidelines exclusively.

This database will be limited to crops grown in Oregon, but Withers points out that Oregon is one of the top vegetable producing states. Thus, the database will be widely applicable, with well over 100 species represented.

So stay tuned, help is on the way.