The U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) announced new actions to support the U.S. seed industry to ensure transparency and a fair and competitive market. These actions to ensure enforcement protections for both consumers and producers are the result of the agency’s review of labeling practices and recent violations. The announcement was made by Agriculture Secretary Tom Vilsack at the National Farmers Union Annual Convention in Phoenix, Ariz., in addition to announcements on finalizing a voluntary “Product of USA” label to enhance consumer protection and investments to support independent processing capacity and build resilience in the meat and poultry supply chain.
USDA is dedicated to promoting the U.S. seed industry while maintaining an effective regulatory presence. Last year, AMS issued a notice to seed industry stakeholders that clarified and reiterated the varietal labeling requirements for agricultural and vegetable seed shipped in interstate commerce.
Actions to Support Federal Seed Act Provisions
Today, AMS is announcing the following actions to support the provisions within the Federal Seed Act (7 U.S.C. 1551-1611), a truth-in-labeling law that regulates the labeling of seed in interstate commerce:
- AMS is launching a nationwide Website Monitoring Program focused on Federal Seed Act brand and variety name compliance. Key to the monitoring efforts, regulatory specialists are conducting in-depth reviews of websites, including links to scanned pamphlets and PDFs, that advertise Federal Seed Act-regulated seeds. AMS will involve state cooperators under existing cooperative agreements to request links to websites that may not be compliant. AMS considers incorrect variety and brand naming as serious violations of the act. Those not in compliance may be subject to monetary or other penalties authorized under the Act. AMS will approach these reviews and any subsequent enforcement using a risk-based approach that considers the impact and reach of the violation and the efforts of those responsible for the website to make the information compliant.
- AMS will increase outreach efforts, including a webinar to further educate producers about labeling requirements and participation in industry meetings. The agency produced a similar webinar with the American Seed Trade Association.
- AMS offers free labeling and advertising reviews to ensure marketing materials comply with the Federal Seed Act before they are published. The goal of the reviews is to make companies aware of brand and variety naming issues before seed is released for sale.
Providing Clarity for Brand Name Labeling
Periodically, the agency receives questions from seed businesses and customers related to varietal labeling requirements. AMS underscores the importance of avoiding representations that may claim or give the impression that seed brands add diversification for a grower when that representation is false or misleading. Brand names may be associated with the name of the kind or variety of seed but the brand must be clearly identified as not being the kind or variety name. For example, “ABC123 Brand” sweet corn may not be advertised in a way that creates the impression that ABC123 is a kind or variety name. In this example, the word “Brand” after the word “ABC123” is sufficient to distinguish the brand.
AMS will be increasing its enforcement, education and outreach efforts to ensure clarity in advertisements and invites all who are involved in or interested in the seed industry to report complaints or tips to farmerfairness.gov or directly to AMS’ Seed Regulatory and Testing Division.
Additionally, anyone with knowledge of potential violations of the Federal Seed Act is encouraged to report them to AMS.
If you have questions or want more information about the actions announced today, the Federal Seed Act or the Seed Liaison Initiative, contact AMS’ Seed Regulatory and Testing Division Director, Ernest Allen, at Ernest.Allen@USDA.gov or (704) 810-8884.
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