Regulation of Prohibited Noxious Weed Seeds under FSA

1. Agricultural Marketing Service Marketing and Regulatory Programs Seed Regulatory & Testing Division:Regulation of Prohibited and Restricted Noxious-weed seeds under FSA Ernest L. Allen, CSA Director USDA, AMS, LPS, Seed Regulatory and Testing Division Gastonia, NC http://www.ams.usda.gov/lsg/seed.htm

2. Agricultural Marketing Service Marketing and Regulatory Programs Background • Enacted 1939– Federal Seed Act • Supports the NWS laws of the 50 States • Introduced minimum requirement for agricultural and vegetable seed sold in interstate commerce • FSA Applies across State lines which helps reduce litigation between States that could remain in courts for years.

3. Agricultural Marketing Service Marketing and Regulatory Programs What is the FSA? • The Federal Seed Act is a truth-in-labeling law that regulates agricultural and vegetable seed shipped in interstate commerce. • It is directed towards seed for seeding purposes that is used in the agricultural production of food, feed, fiber, and turf. • FSA does not regulate flower, tree, shrub, or seeds used primarily for re-vegetation purposes. Kinds listed in FSA that are sold as native or in native mixes are subject to FSA.

4. Agricultural Marketing Service Marketing and Regulatory Programs What is the FSA? • AMS enforces the interstate commerce provisions of the FSA. APHIS enforces the import provisions of the FSA. • Does not regulate seed moved within States

5. Agricultural Marketing Service Marketing and Regulatory Programs Purpose of the FSA Promote the accurate labeling of seed thereby protecting seed customers • Enforcement of seed laws • State (NWS, advertisements, etc.) • Federal Seed Act & Regulations • Create a level playing field • Same rules for all companies

6. Agricultural Marketing Service Marketing and Regulatory Programs Agricultural Problems Noxious weed seeds in lots of seed for planting cost seed businesses billions of dollars each year. • Yellow foxtail • Dodder • Johnson grass • Cocklebur • Serrated tussock • Tropical soda apple

7. Agricultural Marketing Service Marketing and Regulatory Programs AMS Support Programs • Seed Identification Workshops for Analysts • Seed ID Service • Voluntary Quality Testing Services • Publications – • Federal Seed Act • Federal Seed Act regulations • Noxious Weed Seed Requirements Recognized in the Administration of the Federal Seed Act. • Items of Interest in Seed.

8. Agricultural Marketing Service Marketing and Regulatory Programs Noxious-weed seeds Publication • Purpose of AMS NWS lists is to prevent the spread of noxious plants in the U.S. • There numerous weeds that are not listed primarily because they are rarely if ever found in planting seeds. • The NWS list is not to be confused with APHIS published State and Federal NW list

9. Agricultural Marketing Service Marketing and Regulatory Programs Cooperative Agreements AMS and State Departments of Agriculture States Responsibility: • Obtain & Test Official Samples • Submit suspected violations to AMS • Submit Documentation • Sampling Documentation (Inspectors Report) • Test Reports (Seed ID’s, Germination, Purity, etc.) • Labeling Information (advertisements & other claims) • At the request of AMS, obtain additional records or supporting documentation from in-State shipper to support AMS investigation.

10. Agricultural Marketing Service Marketing and Regulatory Programs Cooperative Agreements AMS and State Departments of Agriculture AMS Responsibility: • Investigate interstate shipments • Retest State submitted sample (Often States use Federal results for QA or enforcement purposes) • In tolerance – States results are verified. Proceed with investigation • Out of tolerance – Notify State of testing issues and address problem • Federal NWS have no tolerance

11. Agricultural Marketing Service Marketing and Regulatory Programs Cooperative Agreements AMS and State Departments of Agriculture AMS Responsibility: Take Action • No action letter (AMS does not have authority to act. • No interstate shipment- Violation occurred but was not shipped in interstate commerce. • No interstate violation- Shipped in interstate commerce but testing indicated no violation occurred. • Warning letter • Technical violation- Unintentional error • Minor violation -Error which did not cause significant harm to the consumer. • No record of other violations • Charge sheets – describe the violation • Serious violations • Record of prior violations

12. Agricultural Marketing Service Marketing and Regulatory Programs Cooperative Agreements AMS and State Departments of Agriculture AMS Responsibility: Take Action • Charge sheets sent – Interstate shipper sent notice indicating charges and is given an Opportunity to Present their Case/View (OPV) or supply additional information. • Penalty action – Debt Collection Act (DCA) • Assign monetary value per charge – Based on Shippers history of violations. • Signed monetary settlement (US Treasury)- If Shipper agrees with settlement offer, case is closed. If not, case if forwarded to Office of General Counsel. • Information on Settlements released in AMS Items of Interest Publications and USDA/AMS Web site.

13. Agricultural Marketing Service Marketing and Regulatory Programs AMS NWS Links • FSA • FSA Regulations • List of Agricultural kinds regulated by FSA • List of Vegetable kinds regulated by FSA • Federal NWS list • State Noxious Weed Seed Requirements • Items of interest in seed • Agricultural Marketing Act (7 CFR 75) • Seed Testing Services • Other Services available at AMS

14. Questions or Comments