| The ultimate
purpose of seed laws and regulations is to protect the consumer and
seedsman from poor quality or mislabeled planting seed. This is primarily
achieved through routine audits of seedsmen, and field inspectors
policing the areas where agricultural seed is sold. The inspectors
make sure that all the seed, which is being offered for sale, has
a label. The label provides information for the buyer such as the
germination potential, the kind and number of noxious weeds per pound,
the % other crop, the % weeds, the % inert material present, etc.,
as well as the seed labeler’s name & address. The seed labeler
or distributor is responsible for compliance with Arkansas’ laws and
regulations on the sale or distribution of planting seed. Violations
(after an appropriate investigation) will activate the Seed
Enforcement Response Policy. Violations are categorized
as minor or major. The enforcement response for major violations may
include civil penalty fines.
Violations are recognized through: A)
Routine compliance monitoring or B) Complaints from individuals on
suspected violations. All suspected violations are investigated by
Plant Board staff to determine if a violation has occurred and then
to determine the appropriate enforcement action.
A. Routine Compliance Monitoring
1. The inspectors take random
samples of the seed that is being offered for sale and send
them, along with copies of the labels, to the seed laboratory. The
seed is tested and compared with that on the label. If the seed
analyst's findings are out of tolerance with the label, the seed
is considered to be mislabeled. A Stop-Sale Notice is issued which
prevents the seed from being sold until it has been released to
show the correct information, sold for oil or feed (must be
untreated), or returned to the manufacturer.
Stop-Sale Notices are also issued
by field inspectors or other Plant Board staff because of technical
violations, such as: no analysis labels on the seed; insufficient
information on the label; offering seed for sale without an
Arkansas Seed Dealer's license; etc. A list
of licensed companies and Individuals currently selling
seed or offering seed for sale in Arkansas is maintained at
the Plant Board Seed Division office.
All Stop-Sale Notices, whether
issued by the Division Director, Auditors, or by the Field
Inspector, must have a written release issued by the inspector
after he/she is satisfied appropriate measures were taken to
correct the violation. Investigation of the violation may reveal a
need for further enforcement action.
2. Random compliance audits
are made by Plant Board auditors. Audits that reveal alleged
violations activate the investigation process.
3. The Federal Seed Act regulates
seed in interstate commerce, requiring proper labeling and
prohibiting misrepresentation of seed transported from one state
to another. By agreement between State and Federal authorities, randomly
selected regulatory seed samples of interstate shipments are
sent to the USDA Federal Seed Laboratory to be grown in varietal
test plots. The Federal Seed Branch will request records on
any seed found to be mislabeled as to variety. An investigation
is made to determine who is responsible for mislabeling. Upon
findings of the investigation, appropriate action is taken which
can range from a warning letter to a penalty assessment.
B. Information from Individuals on
Suspected Violations
All information regarding alleged
violations is subjected to thorough investigation by Plant Board
staff to determine if a violation has occurred. The investigation
may involve surveys, audits for seed tonnage or final disposition
of certified seed, on-site inquires by Plant Board inspectors,
etc. This documentation is compiled by the Seed Division staff and
reviewed by the Case Development Review panel to determine the
appropriate enforcement action.
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