[Federal Register Volume 63, Number 8 (Tuesday, January 13, 1998)]
[Notices]
[Pages 1956-1957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-734]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service
[Docket No. LS-97-010]


Notice of Request for Extension and Revision of Currently 
Approved Information Collection

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 
U.S.C. Chapter 35), this notice announces the Agricultural Marketing 
Service's (AMS) intention to request an extension for and revision to a 
currently approved information collection for Federal Seed Act Labeling 
and Enforcement.

DATES: Comments on this notice must be received by March 16, 1998, to 
be assured of consideration.

ADDITIONAL INFORMATION OR COMMENTS: Contact James P. Triplitt, Chief, 
Seed Regulatory and Testing Branch (SRTB), Livestock and Seed Program, 
AMS, Room 209, Building 306, BARC-E., Beltsville, Maryland 20705-2325, 
telephone (301) 504-9430, FAX (301) 504-5454.

SUPPLEMENTARY INFORMATION:

    Title: Federal Seed Act Program.
    OMB Number: 0581-0026.
    Expiration Date of Approval: June 30, 1998.
    Type of Request: Extension and revision of currently approved 
information collection.
    Abstract: This information collection is necessary to conduct of 
the Federal Seed Act (FSA) (7 U.S.C. 1551 et seq.) program with respect 
to certain testing, labeling, and recordkeeping requirements of 
agricultural and vegetable seeds in interstate commerce.
    The FSA, Title II, is a truth-in-labeling law that regulates 
agricultural and vegetable planting seed in interstate commerce. Seed 
subject to the FSA must be labeled with certain quality information and 
it requires that information to be truthful. The Act prohibits the 
interstate shipment of falsely advertised seed and seed containing 
noxious-weed seeds that are prohibited from sale in the State the seed 
into which the seed is being shipped.
    Besides providing farmers and other seed buyers with information 
necessary to make an informed choice and protect the buyer from buying 
mislabeled seed, the FSA promotes fair competition within the seed 
industry. It also encourages uniformity in labeling, aiding the 
movement of seed between the States. Because seed moving in interstate 
commerce must be labeled according to the FSA, most State laws have 
seed labeling requirements similar to those of the FSA, causing more 
uniformity of State laws.
    Although anyone can submit a complaint to the SRTB, the FSA is 
primarily enforced through cooperative agreements with the States. 
State seed inspectors inspect and sample seed

[[Page 1957]]

where it is being sold. They send a sample of the seed and a copy of 
the labeling to the State seed laboratory where the sample is tested 
and the analysis compared with the label. When violations are found, 
State personnel may take corrective action such as issuing a stop sale 
order to keep the seed from being sold until it is correctly labeled or 
otherwise disposed of. They may also take action against the shipper or 
labeler of the seed. The action a State may take against a shipper in 
another State is limited. Therefore, violations involving interstate 
shipments may be turned over to AMS for Federal action.
    AMS investigates the complaints. The investigation normally 
involves check testing the State's official sample and possibly the 
shipper's file sample at the Testing Section. The shipper's records are 
checked to establish that there was a violation of the FSA, 
responsibility for the violation, and the cause of the mislabeling, if 
possible. The investigation will help the shipper find and correct the 
problem causing the violation and help AMS to determine the appropriate 
regulatory action. Regulatory action is to take no action if the 
investigation finds the FSA was not violated, a letter of warning for 
less serious violations, or a monetary settlement for more serious 
violations.
    No unique forms are required for this information collection. The 
FSA requires seed in interstate commerce to be tested and labeled. Once 
in a State, seed must comply with the testing and labeling requirements 
of the State seed law. The same test and labeling required by the FSA 
nearly always satisfies the State's testing and labeling requirements. 
Also the receiving, sales, cleaning, testing, and labeling records 
required by the FSA, are records that the shipper would normally keep 
in good business practice.
    The information obtained under this information collection is the 
minimum information necessary to effectively carry out the enforcement 
of the FSA.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average 2.06 hours per response.
    Respondents: Interstate shippers and labelers of seed.
    Estimated Number of Respondents: 3,208.
    Estimated Number of Responses per Respondent: 5.56.
    Estimated Total Annual Burden on Respondents: 36,793.
    Comments are invited on: (1) whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information will have practical 
utility; (2) the accuracy of the agency's estimate of the burden of the 
proposed collection of information including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on those who 
are to respond, including the use of appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology. Comments may be sent to James P. Triplitt, 
Chief, Seed Regulatory and Testing Branch, LS, AMS, USDA, Room 209, 
Building 306, BARC-E., Beltsville, Maryland 20705-2325. All comments 
received will be available for public inspection during regular 
business hours at the same address.
    All responses to this notice will be summarized and included in the 
request for OMB approval. All comments will become a matter of public 
record.

    Dated: January 6, 1998.
Barry L. Carpenter,
Deputy Administrator, Livestock and Seed Program.
[FR Doc. 98-734 Filed 1-12-98; 8:45 am]
BILLING CODE 3410-02-P