[Federal Register Volume 68, Number 135 (Tuesday, July 15, 2003)]
[Notices]
[Pages 41777-41778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17800]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket No. LS-03-06]


Request for an Extension of and Revision to a Currently Approved 
Information Collection

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice and request for comments.

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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 approval from the Office of 
Management and Budget, for an extension for and revision to a currently 
approved information collection for the Federal Seed Act Labeling and 
Enforcement.

DATES: Comments received by September 15, 2003 will be considered.

ADDITIONAL INFORMATION OR COMMENTS: Contact Richard C. Payne, Chief, 
Seed Regulatory and Testing Branch, Livestock and Seed Program, 
Agricultural Marketing Service, U.S. Department of Agriculture, 801 
Summit Crossing Place, Suite C, Gastonia, North Carolina 28054-2193; 
telephone (704) 810-8871, fax (704) 852-4189.

SUPPLEMENTARY INFORMATION:
    Title: Federal Seed Act Program.
    OMB Number: 0581-0026.
    Expiration Date of Approval: March 31, 2004.
    Type of Request: Extension and revision of currently approved 
information collection.
    Abstract: This information collection and recordkeeping 
requirements are necessary to conduct the 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

[[Page 41778]]

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 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 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 2.13 hours per response.
    Respondents: Interstate shippers and labelers of seed.
    Estimated Number of Respondents: 2,679.
    Estimated Number of Responses per Respondents: 6.42.
    Estimated Total Annual Burden on Respondents: 36,602.
    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 Richard C. Payne, 
Chief, Seed Regulatory and Testing Branch, LS, AMS, USDA, 801 Summit 
Crossing Place, Suite C, Gastonia, North Carolina 28054-2193 or E-mail 
to [email protected]. 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: July 9, 2003.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 03-17800 Filed 7-14-03; 8:45 am]
BILLING CODE 3410-02-P