1400 Independence Avenue, SW 

 Room 2055-S, STOP 0201

 Washington, D.C. 20250-0201

November 8, 2023

[Chief Executive Officer/President/Chairman]

[Company]

[Address]

Dear [Chief Executive Officer/President/Chairman]:

I am enclosing a Notice to Trade published by the U.S. Department of Agriculture’s Agricultural 

Marketing Service (AMS) on March 6, 2023, clarifying varietal labeling requirements of the 

Federal Seed Act (FSA) to enhance transparency for growers.1 We ask that you carefully review 

this notice and take any steps necessary to ensure compliance with the FSA regulations. 

AMS is committed to the enforcement of the varietal labeling provisions of the FSA and, through 

Section 409 of FSA (7 U.S.C. 1599), AMS is authorized to initiate administrative proceedings 

against anyone who violates any FSA provision or regulation. Enforcement outcomes may range 

from cease-and-desist orders and monetary penalties to seizure of the seed and criminal sanctions

in the Federal court system. AMS invites the reporting of complaints or tips to AMS’ Seed 

Regulatory and Testing Division at seedcomplaints@usda.gov.

AMS receives questions involving the proper use of Brand names. Brand names may be 

associated with the name of the kind or variety of seed; however, the Brand must be clearly 

identified as not being the kind or variety name. In addition, if seed advertised under a Brand 

name is a mixture of varieties and if the variety names are not stated in the advertising, a varietal 

description or a comparison with a named variety cannot be used if it creates the impression that 

the seed is of a single or known variety. 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.

The FSA regulations require seed kind and varietal information to be printed on seed containers, 

or labels, in a form that is clearly legible. This requirement allows a purchaser of seed to make 

reasoned and informed decisions.

1 Available at https://www.ams.usda.gov/content/usda-ams-clarifies-varietal-labeling-requirements-federal-seedact-enhance-transparency.
Page 2

As described in the enclosed Notice to Trade, AMS expects that farmers be informed of kind and 

variety at the earliest opportunity, usually at the time of purchase and no later than the 

commencement of shipment. This can be accomplished by allowing the grower to physically 

review the seed container and its label, by making the labeled claims easily accessible to the 

grower (i.e., a link to an image of the actual label), or through other appropriate means.

Ultimately, legal compliance and best practices start at the top. AMS encourages you and your 

boards of directors to establish best practices in accordance with the Notice to Trade. In 

particular, we would encourage you, as [Chief Executive Officer/President/Chairman], to ask the 

following questions of your executive leadership and staff as you examine how your company 

operates in the best interest of your farmer stakeholders. 

1. Have we as a company taken steps in response to the Notice to Trade to ensure that our 

company’s practices are in the interests of our farmer stakeholders?

a. If yes, please explain to the executive leadership how and when the company

makes kind and variety information available to farmers. If your practices differ 

by crop type, please assess how and when your company provides kind and 

variety information to farmers for each crop.

b. If no, please assess why not, including any obstacles to informing farmers of kind 

and variety at the earliest opportunity. How can the executive leadership team 

facilitate quick and efficient varietal disclosure in the best interests of farmers?

We request that you distribute copies of the notice and this letter to your subsidiaries. This letter 

does not reflect any assessment as to whether you are in violation of FSA. We are also 

distributing these letters to other companies. 

Sincerely,

/s/ Bruce Summers

BRUCE SUMMERS

Administrator

Enclosure
Notice to Trade (March 6, 2023)

The U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) today 

reiterates its standing policy related to varietal labeling requirements for agricultural and 

vegetable seed shipped in interstate commerce. AMS’s policy is based on requirements of the 

Federal Seed Act (FSA) (7 U.S.C. 1551-1611), a truth-in-labeling law that regulates the labeling 

of seed in interstate and foreign commerce. The FSA does not regulate seed that is grown, 

conditioned, and traded within individual States. This policy statement makes clear that AMS 

views false advertising and mislabeling of seed varietal names as serious violations of the FSA.

Periodically, AMS receives questions from seed businesses and customers related to varietal 

labeling requirements. The most common question is whether varietal names are required on 

vegetable and agricultural seed. For vegetable seed shipped in interstate commerce, the seed 

must be labeled with kind and variety name. There is no exception to this requirement.

Agricultural seed has three options for labeling: (1) kind name; (2) kind and variety name; or (3) 

kind name and the words “variety not stated”. The “variety not stated” description only applies to 

37 agricultural seed kinds (§201.10). The 37 agricultural seed kinds are: Alfalfa; Bahiagrass; 

Barley; Bean, field; Beet, field; Brome, smooth; Broomcorn; Clover, crimson; Clover, red; 

Clover, white; Corn, field; Corn, pop; Cotton; Cowpea; Crambe; Fescue, tall; Flax; Lespedeza, 

striate; Millet, foxtail; Millet, pearl; Oat; Pea, field; Peanut; Radish; Rice; Rye; Safflower; 

Sorghum; Sorghum-sudangrass; Soybean; Sudangrass; Sunflower; Tobacco; Trefoil, birdsfoot; 

Triticale; Wheat, common; and Wheat, durum.

The second most common question involves the proper use of Brand names. Brand names may 

be associated with the name of the kind or variety of seed; however, 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.

In addition, if seed advertised under a Brand name is a mixture of varieties and if the variety 

names are not stated in the advertising, a varietal description or a comparison with a named 

variety cannot be used if it creates the impression that the seed is of a single or known 

variety. 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. AMS invites the reporting of complaints or tips to farmerfairness.gov or directly to 

AMS’s Seed Regulatory and Testing Division, contact below.

Kind and variety information is important to farmers purchasing seeds. The Federal Seed Act 

regulations require seed kind and varietal information to be printed on seed containers, or labels, 

in a form that is clearly legible. This requirement allows a purchaser of seed to make reasoned 

and informed decisions. AMS expects farmers to be informed of kind and variety at the earliest 

opportunity, usually at the time of purchase and no later than the commencement of 

shipment. This can be accomplished by allowing the grower to physically review the seed 

container and its label, by making the labeled claims easily accessible to the grower (e.g., a link 

to an image of the actual label), or through other appropriate means.
AMS is committed to the enforcement of the varietal labeling provisions of the FSA and, through 

Section 409 of the FSA (7 U.S.C. 1599), the USDA is authorized to initiate administrative 

proceedings against anyone who violates any FSA provision or regulation. Enforcement 

outcomes may range from cease-and-desist orders and monetary penalties to seizure of the seed 

and criminal sanction in the federal court system. Anyone with knowledge of potential violations 

of the FSA is encouraged to report them to AMS.

Please contact AMS’s Seed Regulatory and Testing Division Director, Ernest Allen, at 

Ernest.Allen@USDA.gov or (704) 810-8884 for additional information and questions.