[Federal Register Volume 66, Number 56 (Thursday, March 22, 2001)]
[Proposed Rules]
[Pages 16015-16017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7084]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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 

  Federal Register / Vol. 66, No. 56 / Thursday, March 22, 2001 / 
Proposed Rules  

[[Page 16015]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 201

[Docket No. LS-00-05-610 Review]


Federal Seed Act Regulations; Section 610 Review

AGENCY: Agricultural Marketing Service. USDA.

ACTION: Proposed rule; final review.

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SUMMARY: This document summarizes the results of an Agricultural 
Marketing Service (AMS) review of the Federal Seed Act (FSA) 
Regulations, under the criteria contained in section 610 of the 
Regulatory Flexibility Act (RFA).

ADDRESSES: Interested persons may obtain a copy of the review. Requests 
for copies should be sent to Richard C. Payne, Chief, Seed Regulatory 
and Testing Branch, Livestock and Seed Program, AMS, Room 209, Building 
306, BARC-E., Beltsville, Maryland 20705-2325; Telephone (301) 504-
9430; Fax (301) 504-8098; or E-mail [email protected]. All 
requests should reference the docket number and date and page number of 
this issue of the Federal Register.

FOR FURTHER INFORMATION CONTACT: Richard C. Payne, Chief, Seed 
Regulatory and Testing Branch, Livestock and Seed Program, AMS, USDA, 
Room 209, Building 306, BARC-East, Beltsville, Maryland 20725-2325; 
telephone: (301) 504-9237; Fax: (301) 504-8098; E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: The Federal Seed Act Regulations (7 CFR Part 
201) regulate the labeling of agricultural and vegetable seed in 
interstate commerce. The regulations are effective under the Federal 
Seed Act of 1939 (FSA), as amended (7 U.S.C. 1551 et seq.). The 
regulations were last amended by a final rule published in the Federal 
Register on January 11, 2000 (64 FR 1704).
    AMS published in the Federal Register (63 FR 8014; February 18, 
1999), its plan to review certain regulations, including the FSA 
Regulations, under criteria contained in section 610 of the Regulatory 
Flexibility Act (RFA; 5 U.S.C. 601-612). Accordingly, AMS published a 
notice of review and request for written comments on the FSA 
Regulations in the March 10, 2000, issue of the Federal Register (65 FR 
12952). No written comments were received.
    The review was undertaken to determine whether the FSA Regulations 
should be continued without change, amended, or rescinded (consistent 
with the objectives of the FSA) to minimize the impacts on small 
entities. In conducting this review, AMS considered the following 
factors: (1) The continued need for the regulations; (2) the nature of 
complaints or comments received from the public concerning the 
regulations; (3) the complexity of the regulations; (4) the extent to 
which the regulations overlap, duplicate, or conflict with other 
Federal rules, and, to the extent feasible, with State and local 
governmental rules; and (5) the length of time since the regulations 
have been evaluated or the degree to which technology, economic 
conditions, or other factors have changed in the area affected by the 
regulations.
    Approximately 2,800 companies ship seed in interstate commerce. AMS 
estimates that about ninety percent of these companies would be 
considered small businesses under criteria established by the Small 
Business Administration (13 CFR 121.601). Both large and small seed 
companies have to comply with the same FSA Regulations.
    AMS has determined that the FSA Regulations should be continued 
without change. The FSA was established in 1939 to regulate 
agricultural and vegetable planting seed in interstate commerce. 
Agricultural and vegetable seeds shipped in interstate commerce and 
must be labeled with certain quality information. The labeling and any 
advertisements pertaining to the seed must be truthful. Also, the FSA 
prohibits the shipment of agricultural seeds containing noxious-weed 
seeds that are not labeled according to, or exceed the allowable rate 
established by state law.
    The FSA Regulations are used by seed regulatory officials for the 
enforcement of the FSA and by interstate shippers of seed for guidance 
in complying with the record keeping, testing, and labeling 
requirements of the FSA. The FSA and FSA Regulations promote fair 
competition among seed companies by encouraging interstate shippers to 
correctly label their seed.
    The FSA and regulations are similar to State seed laws and 
regulations and often serve as models for States to follow when 
revising their seed laws and regulations. This results in State seed 
laws and regulations being relatively uniform.
    No complaints or comments were received from the public concerning 
the FSA Regulations which do not appear to be excessively complex. The 
regulations do not conflict with or duplicate other Federal rules. They 
also serve to assist State seed control programs. The regulations were 
recently amended and these amendments included suggestions from seed 
companies, seed trade organizations, seed certifying agencies, another 
government agency, and State control programs.
    The attached supplement is an AMS review of the FSA Regulations.

    Dated: March 16, 2001.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.

Section 610  Review of the Federal Seed Act Regulations

Introduction and Background

    This review is being conducted under section 610 of the Regulatory 
Flexibility Act (RFA). AMS published in the Federal Register (63 FR 
8014; February 18, 1999), its plan to review certain regulations, 
including the Federal Seed Act (FSA) Regulations, under criteria 
contained in section 610 of the RFA (RFA 5 U.S.C. 601-612). Because 
many AMS regulations impact small entities, AMS decided, as a matter of 
policy, to review certain regulations which, although they may not meet 
the threshold requirement under section 610 of the RFA, warrant review. 
The February 18 notice stated that AMS would list the regulations to be 
reviewed in AMS' regulatory agenda which was published in the Federal 
Register as part of the Unified Agenda. However, after further 
consideration, AMS decided to announce the reviews in the Federal 
Register separate from the Unified Agenda. Accordingly, the

[[Page 16016]]

notice and request for comments was made for the FSA Regulations in the 
Federal Register on March 10, 2000 (65 FR 12952).
    The purpose of the review is to determine whether the FSA 
Regulations should be continued without change, amended, or rescinded 
(consistent with the objectives of the FSA) to minimize the impacts on 
small entities. In conducting this review, AMS will consider the 
following factors: (1) The continued need for the regulations; (2) the 
nature of complaints or comments received from the public concerning 
the regulations; (3) the complexity of the regulations; (4) the extent 
to which the regulations overlap, duplicate, or conflict with other 
Federal rules, and, to the extent feasible, with State and local 
governmental rules; and (5) the length of time since the regulations 
have been evaluated or the degree to which technology, economic 
conditions, or other factors have changed in the area affected by the 
regulations.
    The FSA Regulations (7 CFR Part 201) regulate the labeling of 
agricultural and vegetable seed in interstate commerce. The regulations 
are effective under the FSA of 1939, as amended (7 U.S.C. 1551 et 
seq.). The regulations were last amended by a final rule published in 
the Federal Register on January 11, 2000 (64 FR 1704). The 
Administrator, AMS, certified that those amendments would not have a 
significant impact on a substantial number of small entities as defined 
in the RFA. Approximately 2,800 companies ship seed in interstate 
commerce. We estimate that about ninety percent of these companies 
would be considered small businesses under criteria established by the 
Small Business Administration (13 CFR 121.601). However, all shippers 
including small entities, usually package and label seed to comply with 
both the FSA and State seed laws. The testing and labeling requirements 
of the State laws are similar to those of the FSA. Therefore, a single 
test can provide information for labeling that will comply with both 
State seed laws and the FSA.

The Continued Need for the Regulations

    The FSA Regulations are used by seed regulatory officials for the 
enforcement of the FSA and by interstate shippers of seed for guidance 
in complying with the record keeping and labeling requirements of the 
FSA. Many of these interstate shippers are small businesses. There is 
no effect on the competitive position of these small seed companies in 
relation to larger seed companies since both have to comply with the 
same FSA Regulations.
    Complaints of FSA violations received from State seed control 
programs increased by fourteen percent during FY 2000 compared to the 
average of the three previous years. The percentage of these complaints 
determined to be serious violations of the FSA resulting in charge 
sheets being issued to interstate shippers increased from an average of 
twenty percent in the previous three years to thirty percent in FY 
2000. In addition, seed control programs have been reduced in a number 
of states for budgetary reasons. Seed control officials in these states 
have increased their reliance on FSA enforcement activities as a means 
to deter mislabeled seed from being shipped into their states. These 
developments demonstrate the need for continued enforcement of the FSA 
and the FSA Regulations.
    The FSA Regulations are similar to State seed law regulations and 
often serve as a model for States to follow when revising their State 
seed law regulations. This results in State seed laws and regulations 
being relatively uniform. Without the influence of the FSA Regulations, 
State seed law regulations could differ dramatically. These differences 
could cause difficulty and added expense for seed companies because 
seed would have to be labeled differently, depending on the State into 
which the seed was being shipped.
    Sections 201.67-201.78 of the FSA Regulations contain minimum 
standards for the production of certified seed that must be met by 
State seed certifying agencies. The presence of these minimum standards 
in the FSA Regulations results in State seed certification standards 
that are uniform throughout the United States.

The Nature of Complaints or Comments Received From the Public 
Concerning the Regulations

    No complaints or comments were received from the public as the 
result of the notice of the Section 610 review and request for comments 
published in the Federal Register on March 10, 2000 (65 FR 12952). The 
FSA regulations were recently amended by a final rule published in the 
Federal Register on January 11, 2000 (64 FR 1704).
    Suggestions for the proposed amendments to the FSA Regulations were 
received from seed companies, State seed control programs, the 
Association of Official Seed Certifying Agencies the Federal Register 
on January 11, 2000 (64 FR 1704).
    Suggestions for the proposed amendments to the FSA Regulations were 
received from seed companies, State seed control programs, the 
Association of Official Seed Certifying Agencies (AOSCA), and the 
Animal and Plant Health Inspection Service (APHIS), AMS. These 
suggestions were included as amendments to the FSA Regulations in a 
notice of proposed rulemaking published in the Federal Register (63 FR 
55964) on October 20, 1998. Interested persons were invited to submit 
comments until December 21, 1998. A hearing on the proposed rule was 
held in Washington, DC on December 2, 1998. At that time interested 
parties were given an opportunity to present views concerning the 
proposal. No one commented at the hearing. At the request of the 
American Seed Trade Association (ASTA), a document extending the 
comment period for the proposed rule was published in the Federal 
Register on December 24, 1998. Comments were received until February 4, 
1999.
    The interests of small seed companies, along with those of large 
seed companies, are represented by ASTA, a national seed trade 
association and/or by regional or State seed trade associations.
    Written comments about the proposed rule were received from ASTA, a 
State seed trade association and four State Departments of Agriculture. 
The comments were evaluated and where they had merit, revisions to the 
amendments based on these comments were made to the proposed rule. For 
instance, as a result of comments received, Cuscuta species were 
removed from the list of noxious weeds proposed in an amendment so 
conflicts with State seed laws would not occur. Also, as the result of 
a comment, the effective date of an amendment was delayed one year so 
that seed already packaged and labeled under a previous regulation 
could be distributed. A suggestion from two commenters was rejected 
because the concern expressed was already regulated by APHIS through a 
system of permits.

The Complexity of the Regulations

    The FSA Regulations are similar in complexity to State seed law 
regulations and appear to be easily understood by interstate shippers 
of seed. Only on rare instances are we asked to clarify a section of 
the regulations by an interstate shipper. In these cases, the 
regulation in question is discussed with the interstate shipper and the 
intent and content of the particular section is explained.
    Presentations about FSA and FSA Regulation policies that pertain to 
emerging seed issues are made at regional and national seed testing, 
regulatory and industry association

[[Page 16017]]

meetings. In addition, developing seed related issues are also 
addressed from the perspective of the FSA and FSA Regulations in the 
``Items of Interest in Seed Control,'' published quarterly. This 
publication is available to both State seed control programs and seed 
companies.

The Extent to Which the Regulations Overlap, Duplicate, or Conflict 
With Other Federal Rules and to the Extent Feasible With State and 
Local Government Rules

    We are unaware of any FSA Regulations that duplicate or are in 
conflict with other Federal rules. Sections of the FSA Regulations 
serve to complement those of several other Federal agencies such as the 
Food and Drug Administration (FDA), the Environmental Protection Agency 
(EPA), and APHIS.
    For instance, the FDA regards any interstate shipment of seed that 
could be used for food as adulterated if it has been treated with a 
chemical considered a poison, unless the seed has been colored to 
prevent its subsequent inadvertent use as human food or feed for 
animals (21 CFR 2.25). The EPA requires in 40 CFR 153.55, that 
pesticides used in treating seed must contain an EPA-approved dye to 
impart an unnatural color to the seed. Section 201.31a of the FSA 
Regulations prescribes how treated seed must be labeled when shipped in 
interstate commerce. The regulations of all three agencies work 
together to ensure that treated seed is stained and correctly labeled 
when shipped in interstate commerce.
    APHIS enforces the Plant Protection Act (PPA) by prohibiting the 
importation and interstate movement of seeds containing noxious weeds 
listed at 7 CFR part 360. Potential imports and interstate movements of 
seed of these species are regulated by APHIS by permit. Section 201.16 
of the FSA Regulations designates seeds of species listed in 7 CFR part 
360, except for Cuscuta species, as noxious and prohibits the 
interstate shipment of agricultural and vegetable seeds containing 
them. This section of the FSA Regulations provides a mechanism to 
control any of these destructive noxious weeds should they become 
established.
    The FSA and its regulations serve to complement State seed laws and 
regulations. State seed control programs take action against mislabeled 
seed sold in their States by issuing stop sale orders against the seed. 
The seed can not be sold until it is correctly relabeled. States are 
usually unable to take regulatory action against the interstate 
supplier of seed for a number of reasons. The FSA Regulations allow AMS 
to assist States by taking regulatory action against the interstate 
shippers of the seed. This cooperative regulatory effort with the 
States is reflected in Federal/State cooperative agreements between AMS 
and the Departments of Agriculture in each State.

The Length of Time Since the Regulations Have Been Evaluated or the 
Degree to Which Technology, Economic Conditions, or Other Factors Have 
Changed in the Area Affected by the Regulations

    The FSA Regulations were recently amended. The final rule was 
published in the Federal Register on January 11, 2000. The amendments 
to the FSA became effective, February 10, 2000, except for the section 
making seeds of species listed in the FNWA noxious which becomes 
effective January 11, 2001.
    Some of the amendments updated the seed testing regulations to 
incorporate the latest in seed testing knowledge so they are the same 
as the Association of Official Seed Analysts Rules for Testing Seeds, 
followed by most States for seed law enforcement. This action prevents 
potential conflicts with State regulations.
    Other amendments updated the certified seed regulations in the FSA 
to make them consistent with State seed certification regulations. 
These amendments reflect current seed certification practices, and 
provide minimum certification standards for new crops, such as 
chemically assisted hybrid cotton.
[FR Doc. 01-7084 Filed 3-21-01; 8:45 am]
BILLING CODE 3410-02-P