News Releases

DATE:	July 12, 2005
CONTACT:	Leslie Cahill
	(703) 837-8140

Seed Purity – Understanding Label Information and Industry Practices

SEED PURITY – UNDERSTANDING LABEL INFORMATION AND INDUSTRY PRACTICES
The American seed industry has had a long and rich history of producing quality products that meet rigorous seed standards, including purity. For members of the seed industry, the goal is to deliver high quality seed products that meet or exceed federal and state standards as well as customer expectations.
The Federal Seed Act (FSA), administered by USDA’s Agricultural Marketing Service (AMS), establishes minimum labeling requirements for seed shipped in interstate commerce based on "truth in labeling". Seed companies can put additional information on the seed label so long as the label satisfies applicable regulatory requirements and the information is neither false nor misleading. The individual State Departments of Agriculture are responsible for sampling and testing seed that is offered in commerce. They do this to assure labeling according to their own state seed laws and also in accordance with the FSA. The current system has served the seed industry and grower well, but improved awareness of the FSA and industry practices can increase understanding of how new technologies fit into the system. This paper provides a general summary of the Federal Seed Act and related provisions affecting seed standards and labeling.
This paper provides a general summary of the Federal Seed Act and related provisions affecting seed standards and labeling. It is not, however, intended to provide comprehensive advice about compliance with these requirements or in any way to establish standards for seed, including seed labeling, testing, and other practices. It is suggested that each company should review the applicable laws and regulations to ensure compliance.



About The Federal Seed Act
The FSA serves “… to regulate interstate commerce to require labeling and to prevent misrepresentation of seeds in interstate commerce; to require certain standards with respect to certain imported seeds; and for other purposes.”
Required Label Information
The FSA requires containers of agriculture seed to have labels with the following information:
 Kind name (Corn, Soybean etc.)
 Variety (or hybrid) name or Variety Not Stated for major crops
 Percent Pure Seed
 Percent Other crop seed
 Percent Weed seed
 Percent Inert matter
 Noxious Weed Seeds - name and rate
 Origin (for red clover, white clover and alfalfa)*
 Percent Germination and Test Date
 Lot number or other identification
 Interstate shippers name and address or USDA number
 Inoculant expiration date
 Treatment information (if treated – must be color that is different from natural seed color)

*Some states require origin labeling for other crops

The FSA states that if a variety name is used it must be the name given by the originator or name used when the variety first enters U.S. commerce.
Labeling Pure Seed and Other Crop - Differences in Requirements Between Varietal and Hybrid Crops

Varietal crop kinds (e.g. soybean) must be labeled with:
 Pure seed – the labeled variety only
 Other crop – other crop kinds & other varieties

When two or more varieties are present in excess of 5 percent the name or percentage of each variety shall be on the label.
If another variety is present at less than 5 percent, it may be listed on the label as:
 Under Pure seed with additional variety name (or VNS if appropriate) and percent or
 Included in percent of other crop seed
Hybrid crop kinds (e.g. corn) must be labeled with:
 Pure seed – the labeled crop kind must be at least 95% of the hybrid named on the label
 Other crop – other crop kinds

Enforcement
The FSA establishes minimum labeling requirements based on “truth in labeling” for seed shipped in interstate commerce. The individual State Departments of Agriculture are responsible for sampling and testing seed that is offered in commerce. State agencies and regulators use standard sampling and testing protocols to ensure that seed is labeled accurately. Seed shipped in interstate commerce that is suspected of being mislabeled will be retested and investigated for possible labeling violations. A State Department of Agriculture may submit a sample of a seed lot to the Federal Seed Regulatory and Testing Branch (SRTB) of AMS for a second analysis. If the SRTB’s test results validate those of the state, an investigation of the potentially mislabeled seed is conducted.

Other Information
Seed companies may put additional information on labels to facilitate the marketing or use of the seed so long as the label complies with applicable regulatory requirements and the additional information is neither false nor misleading.

Examples of optional information included on the label, all of which must be accurate include:

Market Choices®
Seed size
Seed count

Varieties Developed With Biotechnology Derived Traits
Prior to the commercialization of a modern biotechnology-derived food crop, the crop and the associated trait go through an extensive review or approval process.
 The U.S. Department of Agriculture (USDA) oversees field testing of biotech seeds and plants by Department of Agriculture (USDA), through its Animal and Plant Health Inspection Service. They make sure that their release under applicable permit conditions or performance standards, or upon commercialization, does not present a plant pest risk or significant impact on the environment
 The Food and Drug Administration (FDA) ensures the food product is substantially equivalent to the non-biotech version and, therefore safe for human or other animal consumption.
 The Environmental Protection Agency (EPA) evaluates and permits field testing and registration for commercialization of pesticidal traits to assure there are no unreasonable adverse effects on the environment and that there is reasonable certainty that they are safe for human or other animal consumption.
At the heart of the risk assessment process is the principle that modern biotech–derived foods or plants can be compared with traditional counterparts that have an established history of safe use, and that this comparison can be based on an examination of the same types of risk factors for both (e.g., toxins, potential allergens, weediness, pest potential, etc). The objective is to determine if the modern biotech-derived plant or food presents any new or greater risks in comparison with its non-biotech counterpart.
A plant variety with a modern biotechnology-derived trait that is commercialized is treated the same as other varieties under the labeling provisions of the FSA. For example, agricultural varieties containing traits developed via modern biotechnology are not required to be labeled as “biotech varieties” under the FSA or otherwise to be distinguished in any particular way because of their method of development. However, for marketing or other reasons, the variety or brand name or other label information will often distinguish them as a biotech variety. The unintentional low level presence of a modern biotech trait (adventitious presence) is not required to be labeled as such.



What’s On Seed Tags/Labels
Example: Soybean Tag/Label
SEED COMPANY A
ZXY321
VARIETY: ZXY321 KIND: SOYBEAN
LOT NO: ZZXXYY TESTED: DEC 04
GERM: 85%
ORIGIN: IA

Noxious Weed: None Other Crop Seed: 0.5%
Pure Seed: 98.5% Inert Matter: 1.0% Weed Seed: 0%
NOTICE: See Reverse Side of Tag and Bag for Limitation of Warranty information
Seed Company A
P.O. Box 123
Somewhere, IN 12345
 Of the viable seed in this bag 99.5 (98.5 pure seed/99.0 total seed) percent is the variety named on the label.
 Pure Seed applies only to seed of the variety named.
 Morphology of seed is the official test used to identify off-types in soybeans (e.g. hila color).


Example: Corn Tag/Label
SEED COMPANY A
XYZ123
COMPARATIVE RM92
HYBRID: XYZ123 KIND: FIELD CORN
LOT NO: XXYYZZ SIZE: MF
GERM: 95% TESTED: DEC 04
ORIGIN: IA KERNELS/UNIT: 80000

Noxious Weed per Pound: None Other Crop Seed: None
Pure Seed: 99.5% Inert Matter: 0.5% Weed Seed: None
NOTICE: See Reverse Side of Tag and Bag for Limitation of Warranty information
CAUTION: Chemical ABC Treated
Do not use for food, feed or oil purposes. TREATED AT MANUFACTURERS’ RECOMMENDED RATE. Keep out of reach of children.
Seed Company A
P.O. Box 123
Somewhere, IN 12345
 For this seed lot, 100% of the viable seed is field corn.
 Since other hybrids are not listed or labeled as a “blend”, this seed lot is at least 95% the stated hybrid.
How Seed Companies Deliver High Quality Seed
The American seed industry has had a long and rich history of producing quality seed products that met rigorous standards, including purity. The competitive free market system in the United States, including “self-governance” encourages companies to provide what their customers expect. For members of the seed industry, the goal is to deliver high quality seed products that meet or exceed federal and state standards as well their customer expectations. The seed industry utilizes appropriate technologies and updates processes as needed to ensure reliable, cost efficient delivery of high quality products that benefit farmers, consumers, and our global food production system.
Specifically the seed industry utilizes best management practices and standard protocols in conducting seed research, including detailed description of the breeding process, effective breeding nursery design, removal of off-type plants, proper pollination techniques, cleaning of research equipment and meticulous record keeping. Foundation and commercial seed production personnel use isolation standards, keep detailed maps of the seed fields, monitor seed fields for agronomic issues, especially during flowering, remove off-type plants and ensure all equipment is cleaned between crops, hybrids or varieties. Quality checks during conditioning ensure seed lots meet or exceed levels stated on the label.


Testing
Seed companies operate their own quality assurance programs including conducting their own internal seed testing to ensure that the seed label information is accurate. This involves conducting germination and purity tests using standard testing protocols established by the AOSA (Association of Official Seed Analysts). Companies may conduct other quality assurance procedures that are not industry-wide standardized protocols to meet their internal quality standards. Examples of these non-standardized tests include stress germination tests or testing for the presence or absence of a particular characteristic or trait. Typically, these test results are not stated on the label, but in some cases may be used in marketing materials, such as in the case of emergence or early seedling growth information.

As biotech varieties are commercialized, they become part of the seed production environment and are subjected to the same quality assurance procedures as described above for non-biotech varieties. These quality assurance procedures minimize the presence of off-types in varieties. Tests may be conducted on seed lots to determine the level of unintended but technically unavoidable levels of seed that result from inadvertent mixing or from outcrosses of other varieties, both non-biotech and biotech. These tests may include evaluation of variation in protein patterns of individual seeds to assess varietal purity or tests for specific traits. Specific traits may be identified with a protein detection test (i.e. lateral flow strips, ELISA) or with a PCR test, which detects specific DNA sequences. These testing techniques have sensitive detection capabilities. Therefore it is especially critical to ensure proper sample size, proper sampling procedures for accurate representation of the seed lot, sample identity is maintained and good lab practices are used for proper conclusions.


Cost of Seed Quality

The seed industry has always taken steps to ensure high quality seed germination and seed purity. This includes efforts in field operations, drying, conditioning, testing, storage and transportation of seed. All these steps require following specific protocols and have associated costs. Requiring higher seed quality increases costs. With respect to non-biotech varieties and adventitious presence, any requirements relating to the production of seed lots with specific levels of adventitious presence would necessitate additional seed field expense, labor, testing and possibly seed discard. The following example depicts estimates from the University of Missouri for the percent increase in seed production costs if companies were required to produce non-biotech seed at different percentage levels or thresholds of adventitious presence.








Cost of Quality (Corn)
(Source: Kalaitzandonakes, Magnier - University of Missouri)


Making the Most of Identity Preserved Contracts

When entering into a contract to produce Identity Preserved (IdP) grain, it is important to understand all of the specifications in the contract. One of the most important considerations is to determine and understand the sampling and testing procedure(s) that will be used to analyze the crop to determine if the contract specifications are met. To be successful in IdP production requires:
1. Good communication between the grower and the contractor to make sure all provisions of the contract are clearly understood.
2. Good communication between the grower and seed supplier to ensure that both are aware of specific grower contract requirements and to select the best seed variety for this application.
3. Growers ensuring that their equipment, practices and handling of the crop will meet the contract requirements.
4. At a minimum, following the recommended grain growers and purity best practices such as those from Nielson and Maier from Purdue.

Grain Growers and Purity Practices (Source: Nielson, Maier–Purdue)

 Seed Supply – work with your seed supplier
 Previous Crop & Variety – select proper field location. Make sure volunteer plants from the previous crop will not contaminate contract acres.
 Planting Operation – clean equipment and ensure proper seed is used in designated area. Mark planted area on field maps and in field.
 Isolation – follow contract requirements
 Monitor the crop and assess whether additional isolation will be needed at harvest e.g. unexpected risk of outside pollen or off-type plants identified in a portion of the field.
 Harvest Operation – clean equipment. Flush harvesting equipment with a portion of “contract” grain, which becomes non-contract grain, and is delivered to a non-contract elevator or stored separately from the contract grain.
 Segregation of a certain amount of crop around perimeters – utilize grain in appropriate non-contract elevator or use.
 Handling, Storage and Transport – Develop checklists to make sure you empty and clean equipment, and maintain identity and purity of the contract grain.

More detailed information on evaluating IdP contracts is available at http://webaces.uiuc.edu/value/contracts/default.htm. Additionally, many university extension services, crop improvement agencies, trade associations, and private companies provide advice or services regarding IdP production.

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Founded in 1883, the American Seed Trade Association (ASTA), located in Washington, DC, is one of the oldest trade organizations in the United States. Its membership consists of about 900 companies involved in seed production and distribution, plant breeding, and related industries in North America. As an authority on plant germplasm, ASTA advocates science and policy issues of industry importance. Its mission is to enhance the development and free movement of quality seed worldwide.