Seed Regulatory and Testing Division

ITEMS OF 

INTEREST IN 

SEED 

2020
ITEMS OF INTEREST IN SEED 2020 1

TABLE OF CONTENTS

Editor’s Notes .......................................................................................................................... 2

Kentucky 31 Tall Fescue in Trueness-to-Variety Trials............................................................. 3

Common Dodder Species Found in Alfalfa............................................................................... 5

Soybean Pubescence Color..................................................................................................... 7

Loan Procedure for AOSA Master Calibration Samples ........................................................... 8 

Noxious Weed-Seed Showcase.............................................................................................10

Labeling Coated/Pelleted Vegetable Seeds ...........................................................................11

AMS Code Designation..........................................................................................................12

Warning- Apparent Violation of the Federal Seed Act ............................................................12

Upcoming Changes to the Federal Seed Act Regulations ......................................................13

Trueness to Variety Overview ................................................................................................14

Federal Seed Act Cases Settled ............................................................................................15

Cooperative Agreements .......................................................................................................15

OECD Seed Schemes 2020...................................................................................................15

NESAW Meeting....................................................................................................................17

International Seed Testing Association Annual Meeting 2020 ................................................18

Calendar of Events ................................................................................................................20

Staff Directory ........................................................................................................................21

USDA’s Agricultural Marketing Service (AMS) 

Science & Technology Program

Seed Regulatory and Testing Division 

801 Summit Crossing Place, Suite C 

Gastonia, North Carolina 28054-2193
ITEMS OF INTEREST IN SEED 2020 2

“Obstacles don’t have to stop you. If you run into a wall, don’t turn around 

and give up. Figure out how to climb it, go through it, or work around it.”

– Michael Jordan

EDITOR’S NOTES

Seed testing is essential. The laboratory 

staff at Seed Regulatory Testing Division 

is working full time and ready to help! We 

are accepting service samples and are 

happy to assist State laboratories. Our 

staff is practicing new social distancing 

techniques by altering schedules, moving 

desks and of course wearing our masks!

Featured in the 2020 edition of Items of 

Interest in Seed is an article describing

different Dodder species found in alfalfa 

(page 5) and a write-up of testing 

Kentucky 31 Tall Fescue variety (page 3). 

As you may have noticed, the meeting 

reviews are limited this year due to

cancellations or moving to virtual meetings. This includes our annual seed school and the joint 

AOSA/ SCST and ASTA meeting. We hope to get to see everyone again next year!

As always, please let me know if you have suggestions for future topics by sending an email to 

Elizabeth.Stewart1@usda.gov. 

On behalf of the SRTD staff, I hope you enjoy these articles and continue to find them 

informative.

Elizabeth Stewart 

IOI Editor
ITEMS OF INTEREST IN SEED 2020 3

KENTUCKY 31 TALL FESCUE IN TRUENESS-TO-VARIETY TRIALS

Kentucky 31 was first recognized as an ecotype by farmers in 1931, when they observed that 

the qualities of this grass included good pasture and erosion control. In 1942, it was released 

by the Kentucky Agricultural Experimental Station and in 1945 it was registered in Kentucky’s 

seed certification program as a cultivar. In 1969, it was determined that Kentucky 31 had the 

ability to grow in shade if there is enough moisture and nutrients in the soil, a desirable quality in 

grasses. Not only was Kentucky 31 the best performing variety under shade, it was also high 

quality in full sunlight conditions.

Tall fescue is native in Europe, but the cultivar Kentucky 31 has dominated the grass industry in 

the United States due to its vigor and herbivore tolerance which is a result of endophyte 

symbiosis. The pressure from grazing animals has promoted Kentucky 31 to be predominantly 

positive to endophytes, which has given it the advantage of being able to establish and compete 

with native grasses. While this symbiosis benefits the grass, it has a negative effect in the 

grazing animals’ due to toxicity that this endophyte causes in the grass. Efforts have been made 

to select grasses without the endophyte or introduce an endophyte to Kentucky 31 that won’t 

promote toxicity.

While the endophyte positive Kentucky 31 can have negative effects on cattle, the expectations 

are to promote Kentucky 31 that is endophyte free or with introduced endophytes that will not 

produce toxins. The historical benefits of Kentucky 31 are far more important to the grass 

industry: it adapts well to a variety of soils and climates, it tolerates grazing and when free of 

endophytes can be highly beneficial for grazing animals.

Kentucky 31 is spread across the United States in over 35 million acres, making it a relevant 

commodity in our economy and agricultural development. The USDA AMS is responsible of 

making sure this variety is traded between States with full compliance of the Federal Seed Act.

SRTD has been doing trueness-to-variety (TTV) trials for Kentucky 31 and other tall fescue 

varieties, including most recently in 2013, 2018, and 2019.

Since planting practices vary by State and plant hardiness zones, it’s important to consider all 

conditions that affect growth in cool season grasses when planning field trials. The 2019 North 

Carolina tall fescue trails were located in Zone 8A. Both direct seeded and transplanted trials 

established well. Over winter, the growth slowed as expected but did not affect results. The 

trials were completed in May.

SRTD TTV trials require rigorous data recording based on phenotypical characteristics. For tall 

fescue, as well as with other crops, it is important to use photographs, color charts, and 

measuring tools that will provide exact notes to determine the presence of off types in the 

sample. Tall fescue varieties include turf-types and forage types, Kentucky 31 being bigger and 

lighter colored than turf-types. Kentucky 31 is generally fast growing, has wide leaf blades and 

has a distinguishable light green color. It grows in clumps and can be easily located when 

planted with other grasses, see image below. Tall fescue can have a short membranous ligule 

or lack it, usually with short auricle and often with small hairs around it. Its venation is marked 

across the wide blade.
ITEMS OF INTEREST IN SEED 2020 4

Clump of KY 31 Tall Fescue Up close image to show auricle

and wide blade

References

Bouton, J.H., R.N. Gates & C.S. Hoveland (2001) Selection for Persistence in Endophyte‐Free 

Kentucky 31 Tall Fescue. Crop Breeding, Genetics & Cytology. Crop Science, Vol. 1 Issue 4.)

Fergus, E.N. & R.C. Buckner (1972) Registration of Kentucky 31 Tall Fescue. Crop Science Vol.

12. September- October. P.714. Published in Digital Library Alliance of Crop, Soil and 

Environmental Science Societies

Fike, J. & G. Pent (2019) Tall Fescue, Endophytes and Alkaloids, and Fescue Toxicosis. 

Publication SPES-114P. Virginia Cooperative Extension, Virginia Tech.

Juska, F.V., A.A. Hanson & A.W. Hovin. (1969) Kentucky 31 Tall Fescue – A Shade-Tolerant 

Turfgrass. Sod Industry Section. P. 34. Weed, Trees and Turf. January. Published by the 

Michigan State University Library (

Patton, A. 2015. Tall Fescue. Turf Tips Purdue Extension. Indiana. 

Payne, R. 2011. Unpublished notes.

Reicher, Z. & D. Morton. 2008. Turf Tips. 5/19/2008. Purdue University. Indiana.

Saikonnen, K., K. Clay & J. Holah. 2000. Kentucky 31, Far from Home. Technical Comments 

Science. Vol. 287, Issue 5460, pp 1887.

For information regarding this article, contact Agronomist Laura Berrios-Ortiz (704)810-8870; 

Laura.BerriosOrtiz@usda.gov
ITEMS OF INTEREST IN SEED 2020 5

COMMON DODDER SPECIES FOUND IN ALFALFA

Cuscuta spp. Distribution of Cuscuta spp., fs.fed.us

General Facts

Dodder is a parasitic weed and its shape is determined by the number of seeds in the capsule. 

Dodder is succulent and embeds sucker like structures (haustoria) into the stem of its host 

plant. It emerges as a rootless, leafless stem and depends on the food reserve stored in a host 

seed such as alfalfa for immediate survival. Once it infests an alfalfa field, it can be a problem 

for several years. The methods of control are short-lived and ineffective. The 3 most common 

dodder species found in alfalfa are mentioned below.

Cuscuta campestris (field dodder) is tan in color, has 

a finely granular surface, irregular shape, and 

rounded on one side.

Distribution of Cuscuta

campestris, bioonee.org
ITEMS OF INTEREST IN SEED 2020 6

Cuscuta planiflora (small-seed dodder) is 

approximately 1mm in length, uniformly oblong, 

distinctly angled and uniformly yellowish or with slight 

brownish tinge. The surface texture tends to have 

reticulations.

Distribution of Cuscuta planiflora,

eddmaps.org

Cuscuta indecora (large-seed dodder) is the only 

dodder species in the high desert region of the U.S. 

It is 1.5 mm or longer, mostly broader than long, 

and not sharply angled. The color is not uniform it 

can appear to be light grayish brown or reddish to 

dark brown. The scar area is slightly sunken and 

has a short slit in the depression at the center and 

can be coarsely scurfy, bordering on reticulations.

Distribution of Cuscuta indecora, 

invasive.org
ITEMS OF INTEREST IN SEED 2020 7

REFERENCES

Pictures: U.S. National Seed Herbarium [photographed by Steve Hurst*] 

USDA Agriculture Handbook No. 30, Queensland weed seeds 1983.

Article: ‘Dodder control in alfalfa’ pg. 30; California Agriculture, Volume 43, Number 4

For information regarding this article, contact Botanist Anitra Walker (704) 810-7269; 

Anitra.Walker@usda.gov.

SOYBEAN PUBESCENCE COLOR

Pubescence are the hairs present on the stem, leaves, and pods of the soybean plant. The 

pubescence color varies by variety. Most soybean varieties have light tawny, tawny, or gray 

colored pubescence. Soybean plant’s pubescence color has no effect on the yield or other 

agronomic characteristics. According to the Federal Seed Act Regulations 201.34(d), the variety 

can be verified by pubescence characteristics. “The variety name shall represent a subdivision 

of a kind, which is characterized by growth, plant, fruit, seed, or other characters by which it can 

be differentiated from other sorts of the same kind.”

The following pictures were taken during trueness-to-variety trials at Sandhills Research Station 

in Jackson Springs, North Carolina.

Light tawny pubescence color Tawny Pubescence Color
ITEMS OF INTEREST IN SEED 2020 8

Gray Pubescence Color

For information regarding this article, contact Seed Marketing Specialist Akhtar Kazmi (704) 

810-8878; Akhtar.Kazmi@usda.gov

LOAN PROCEDURE FOR ASSOCIATION OF OFFICIAL SEED ANALYSTS MASTER 

CALIBRATION SAMPLES

The uniform blowing procedure uses a mechanical blower to help separate pure seed from inert 

matter in certain kinds of grass seeds. Calibration is necessary to determine the proper gate 

setting of the blower in order to establish the optimum uniform blowing point for a particular 

species, which requires measurement of air velocity using an anemometer. Master Calibration 

Samples (MCS’s) are available for loan from the USDA Seed Regulatory and Testing Division 

(SRTD) and must be used for the calibration.

Forms and additional information about the equipment and procedure are located on the 

AOSA/SCST Web site. (Go to www.analyzeseed.com and click the resources tab.) It is helpful 

to read the current version of the AOSA Rules for Testing Seeds, Volume 2. prior to using the 

calibration procedure for the first time.

Requesting and Returning Master Calibration Samples:

• Request the MCS’s from the SRTD laboratory by phone or e-mail

o MCS Program Administration 

USDA AMS S&T SRTD

801 Summit Crossing Place 

Suite C

Gastonia, NC 28054

o PHONE (704) 810-8870

o Charlene.Burton@usda.gov
ITEMS OF INTEREST IN SEED 2020 9

• Include the following information with your request:

o a signed and dated Loan Agreement Form for the Master Calibration Samples

o MCS species available are Orchardgrass, Kentucky bluegrass and Pensacola 

bahiagrass

o laboratory name

o contact name

o street address

o phone number

o e-mail address, if available

• Laboratories are notified if there is a waiting list at the time of a request and are 

contacted again when the samples are shipped. Whenever possible, samples are 

sent in the order requests are received.

• Upon receipt, a laboratory has five days, not counting the day of receipt, to calibrate 

and send samples back to SRTD. (Exceptions may be made if there is not a waiting 

list.)

• Copies of the Guidelines for Users of Master Calibration Samples and the User’s 

Data Sheet for Tracking Master Calibration Samples will arrive with the MCS’s. Read 

this information before calibrating the sample(s).

• Perform the calibration as instructed in AOSA Rules for Testing Seeds, Volume 2 and 

the Guidelines for Users of Master Calibration Samples. A Certified Seed Analyst 

(CSA), Registered Seed Technologist (RST), or person under the supervision of a 

CSA or RST should perform the calibration, taking care to follow the guidelines for 

handling the samples and maintaining sample integrity. 

• Return the samples and the completed User’s Data Sheet for Tracking Master 

Calibration Samples by traceable overnight service (UPS, FedEx, DHL, USPS 

Express, etc.). The return address information is included with thesample(s).

• There is no charge for borrowing the MCS’s if the borrower follows all requirements in 

the Loan Agreement for the Master Calibration Samples, Guidelines for Users of 

Master Calibration Samples and the MCS Borrower Responsibility Guidelines. 

Laboratories testing Kentucky bluegrass and orchardgrass under ISTA rules must purchase 

calibration samples from ISTA to calibrate their blowers. ISTA also requires the use of the 

anemometer when performing calibrations.

For information regarding this article, contact Botanist Charlene Burton (704) 810-8880; 

Charlene.Burton@usda.gov. 
ITEMS OF INTEREST IN SEED 2020 10

NOXIOUS- WEED SEEDS SHOWCASE

Scientific Name Common Name

Alternanthera sessilis sessile joyweed

Alternanthera sessilis is in the Amaranthaceae family and can be found as a perennial or annual 

herb. It grows quickly and is highly invasive, similar to family member pigweed. It can grow in 

many types of conditions such as sandy to thick soils, waterlogged areas and drought areas.

The plant can grow next to rivers or streams and as a weed in sorghum, corn and cotton fields. 

It spreads by seed which are light enough to be carried by the wind and can float in water. The 

plant also spreads by rooting at the stem nodes.

Alternanthera sessilis, Scher, 

2015

Alternanthera sessilis, Scher, 2015

Scientific Name Common names

Asphodelus fistulosus onionweed

Asphodelus fistulosus is in the Asphodelaceae family and is an annual or perennial herb. It is 

found on roadsides, disturbed sites and rangelands and can withstand drought and sandy soils. 

In rangelands, livestock do not eat the plant so it can create dense patches and crowd out other 

species. The infestation can grow so thick it can lower nitrogen levels in soil. The plant spreads 

by seeds and are dispersed by wind, water and by attaching to animals.

Asphodelus fistulosus,

USDA Plant Database, Steve Hurst
ITEMS OF INTEREST IN SEED 2020 11

Scientific name: Common name

Carthamus oxyacanthus jeweled distaff thistle, wild safflower

Cathamus oxyacanthus is in the Asteraceae family and is an annual herb. Like other plants in 

this genus it is a tall spiny plant which is not eaten by livestock. This makes it easy to 

contaminate grazing fields. It is also commonly found in grain fields and can reduce yields. The 

plant differs from the safflower by its large spines on the leaves.

Cathamus oxyacanthus, Scher, 2015

References:

USDA, NRCS. 2020. The PLANTS Database (http://plants.usda.gov, 19 March 2020). National 

Plant Data Team, Greensboro, NC 27401-4901 USA

Reed, Clyde. Economically Important Foreign Weeds - Potential Problems in the United States. 

APHIS USDA, 1977.

Scher, J. L., et al. “Federal Noxious Weed Disseminules of the United States.” 1 Apr. 2015, 

http://idtools.org/id/fnw/index.php. 

For information regarding this article, contact Botanist Elizabeth Stewart (704) 810-8873; 

Elizabeth.Stewart1@usda.gov

LABELING COATED AND PELLETED VEGETABLE SEED

In recent years, the popularity of coated and pelleted seed has continued to grow within the 

seed industry, truck farmers and home gardeners. This is due, in part, to coated and pelleted 

seed having a more uniform size or shape. The additional weight makes it easier to plant even 

tiny seeds directly to the field using various types of seeders for sowing agricultural seed, 

grasses, and especially vegetable seeds. What does the Federal Seed Act (FSA) say about 

coated/pelletized vegetable seeds? How should coated vegetable seed be labeled?

The Regulations under the FSA are divided into two categories related to vegetable seed 

labeling: containers of one pound or less and containers of more than one pound.

Labeling requirements for vegetable seed packaged in containers of one pound or less are 

covered in Regulations sections 201.25 through 201.29 and are required to state the kind, 

variety, the word ‘hybrid’ (if in fact the seed is a hybrid) complete name and address of the 

interstate shipper or the AMS number along with the consignees full name and address.

Containers of one pound or less are not required to have the germination percentage stated on
ITEMS OF INTEREST IN SEED 2020 12

the label as long as the germination is equal to or exceeds the standard set forth in the FSA 

Regulations section 201.31. If the germination percentage is below the minimum standard, the 

words ‘Below Standard’ in no less than 8-point type need to be on the label in addition to the 

percentage of germination and the percentage of hard seed, if any.

Containers of more than one pound are required to have the kind, variety, the word “hybrid’ (if in 

fact the seed is a hybrid), lot number or other identification, percentage of germination 

(exclusive of hard seed), the calendar month and year the germination test was completed, and 

the complete name and address of the interstate shipper or the AMS number along with the 

consignees name and address on the label. Additionally, when there is hard seed present, the 

percentage of hard seed is required to be labeled separately from the germinationpercentage.

Seed companies are required to change the lot number and to conduct a new germination test 

when the seed has been treated or coated/pelleted. This is due to the complete records of the 

vegetable seed having to include records of variety, germination, lot number, treatment, and 

coating/pelletizing as required under Section 202 of the FSA.

For information regarding this article, contact Seed Marketing Specialist Lan Chi Trinh 

(704) 810-7272; Lan-ChiN.Trinh@usda.gov.

AMS CODE DESIGNATION

The Federal Seed Act (FSA) requires that the interstate shipper be identified on the label of all 

seed shipped in interstate commerce. There are two options available for fulfilling this FSA 

labeling requirement. The first option is for the interstate shipper (consignor) to place their full 

name and address on the label. The second option is for the interstate shipper (consignor) to 

label the seed with the full name and address of the company to whom they are selling theseed 

(consignee). When using this second option the consignor is responsible for including their 

Code Designation/AMS number on the label. The Code Designation/AMS number identifies the 

original interstate shipper and allows the receiving company to resell the seed without the 

necessity of relabeling the seed when it is received. The Code Designation/AMS number 

identifies an individual seed company and is issued by the Seed Regulatory and Testing 

Division upon request. All Code Designations/AMS numbers are treated as confidential 

information between the Seed Companies, Seed Regulatory and Testing Division, and Seed 

Regulatory Agencies within the U.S.

For information on this article or to acquire an Code Designation/AMS number, please email 

your company’s full name, complete address, and name of contact person to Seed Marketing 

Specialist Kevin Robinson (704) 810-7264; Kevin.Robinson2@usda.gov.

WARNING---APPARENT VIOLATION OF THE FEDERAL SEED ACT

Warning letters can cover technical labeling issues such as incomplete kind or variety names.

In all cases these warning letters will involve seed that has been shipped in interstate commerce 

and found to be in violation of one or more sections of the Federal Seed Act, the Regulations 

under the Act, or both.
ITEMS OF INTEREST IN SEED 2020 13

This letter may be the first and only notice from the Seed Regulatory and Testing Division 

(SRTD) that a company receives informing them of a violation(s) of the Act. Receipt of a 

warning letter places the interstate shipper on notice that labeling issues exist with the seed lot 

in question. The letter indicates the nature of the violation(s) and cites the sections of the Act 

and the Regulations under the Act that are relevant to the violation(s). Warning letters complete 

the regulatory action taken by SRTD. Letters of warning remain in a company’s history for five 

years. The company should make any necessary procedural corrections to prevent future 

violations.

For information regarding this article, contact Seed Marketing Specialist Rodney McNeace 

(704) 810-8879; RodneyB.McNeace@usda.gov

UPCOMING CHANGES IN THE FEDERAL SEED ACT REGULATIONS

From time to time, the Seed Regulatory and Testing Division (SRTD) finds it necessary to 

update the Regulations to reflect current industry standards and practices and to remove 

obsolete references. The Regulations were last updated in 2011. Over the past year, SRTD 

met with representatives from different organizations to discuss possible revisions to make the 

Regulations more reflective of current industry practices and updated testing methods. The 

changes include the revisions to seed labeling, testing, and certification requirements.

Technological innovations and changing demands affect industry practices over time. To 

assure clear market communication about seeds, SRTD updated the list of seed kinds that are 

covered by the Regulations by adding and changing the scientific names to reflect the current 

nomenclature. Additionally, more seed kinds were added to the agricultural seed list under the 

Regulations. SRTD also further revised the definitions of other terms used in the Regulations to 

provide greater clarity for regulated entities. Such changes align regulatory language with 

terminology and nomenclature recognized by industry.

Seed testing methodology continues to evolve as new equipment and processes are developed. 

SRTD revised the testing section of the Regulations to ensure the requirements reflect methods 

and procedures that have been adopted in the industry and by SRTD. The new Regulations 

provide clarity for when the date of the final count of a germination test falls on a weekend or 

public holiday. Additionally, Multiple Unit Procedure requirements are removed for red fescue, 

chewing’s fescue, and orchardgrass. These changes harmonize the Regulation testing 

procedures with other testing methods from different organizations around the world.

The Regulations provide specified qualification standards for certified seeds. Due to increasing 

demands for high-quality seed, SRTD revised the certification section by adding more seed 

kinds and its certification standard requirements to the Regulations. SRTD also further revised 

the language to provide more clarity for recertified Certified class seeds. The changes are 

necessary to recognize the current industry demands and remove contradictory or confusing 

language in the Regulations.

There are at least a billion pounds of seed moving across state lines every year in the United 

States. SRTD regulates the interstate shipment of agricultural and vegetable seeds through the 

Federal Seed Act and its Regulations. Many rules and regulations are no longer aligned with 

current industry practices due to technological innovations and changing demands. SRTD’s
ITEMS OF INTEREST IN SEED 2020 14

goals are to bring FSA Regulations up to date with testing methods, align with industry 

practices, and reduce unnecessary requirements, while continuing to promote uniformity among 

State seed laws and fair competition within seed trade.

For information regarding this article, contact Seed Marketing Specialist Lan Chi Trinh 

(704) 810-7272; Lan-ChiN.Trinh@usda.gov .

TRUENESS-TO-VARIETY (TTV) OVERVIEW

The Seed Regulatory and Testing Division (SRTD) is responsible for enforcing the Federal 

Seed Act (FSA), a truth-in-labeling law that regulates the labeling of agricultural and vegetable 

seed shipped in interstate commerce. The FSA requires that seed shipped in interstate 

commerce is labeled with the correct variety name. Seed samples for testing are received from 

State departments of agriculture under cooperative agreements with AMS or purchased from 

seed companies. The samples are grown in field plots and compared to authentic samples or 

official descriptions of the labeled variety. Companies that mislabel seed are subject to letters 

of warning or monetary settlements.

Each year, SRTD conducts TTV field tests to determine if seed lots are properly labeled for 

variety, as required by the FSA and State seed laws. This year, SRTD has conducted its TTV 

field tests on watermelon at the Piedmont Research Station in Salisbury, North Carolina, and 

pepper at Sandhills Research Station, Jackson Springs, North Carolina during the spring of 

2020. The pepper seedlings were grown in SRTD’s greenhouse and were transplanted in the 

fields of Sandhills Research Station for further testing and evaluation.

Additionally, SRTD will also plant an estimated 150 samples of tall fescue at both locations. 

SRTD will grow tall fescue seedlings in the greenhouse during the month of September 2020. 

The seedlings will then be transplanted in the fields of Piedmont and Sandhills Research 

Stations during the month of November 2020 for further evaluation in the spring of 2021. SRTD 

has also conducted electrophoresis tests on Kentucky 31 tall fescue samples to identify those 

that have different banding patterns when compared with Kentucky 31 foundation seed check 

samples.

SRTD will plant lettuce in the greenhouse for TTV testing and evaluation. Approximately 70 

samples of lettuce will be tested during FY20-21.

SRTD would like to thank the States which participated in the TTV program. Once results and 

information have been compiled, participating States will be notified of any mislabeling.

If there are any questions concerning the TTV program or directions for submitting samples, 

please contact Agronomist Laura Berrios-Ortiz (704) 810-8870; Laura.BerriosOrtiz@usda.gov, 

and Seed Marketing Specialist Akhtar A. Kazmi (704) 810-8878; Akhtar.Kazmi@usda.gov.
ITEMS OF INTEREST IN SEED 2020 15

FEDERAL SEED ACT CASES SETTLED

The Federal Seed Act (FSA) provides authority for the regulation of the interstate shipments

of agricultural and vegetable seeds. The FSA requires that seed shipped in interstate commerce 

are labeled with certain information necessary for the seed buyer to make an informed choice.

The labeling information and any advertisements pertaining to the seed must be truthful. 

Between September 1, 2019, and August 31, 2020, a total of 36 seed companies paid $92,925 

to settle alleged violations of the FSA.

For specific information regarding these violations, please visit https://www.ams.usda.gov/rulesregulations/fsa then Filing a Complaint and View a list of settled FSA Cases. USDA’s 

Agricultural Marketing Service (AMS) administers the FSA by leveraging its resources with State 

departments of agriculture. These investigations were a result of joint efforts with seed 

regulatory officials in Arkansas, Florida, Georgia, Indiana, Kansas, Kentucky, Maryland, 

Missouri, North Carolina, Pennsylvania, Tennessee, Texas, Utah, and Virginia. By working 

collaboratively with State partners, Seed Regulatory and Testing Division helps promote 

uniformity among State seed laws and fair competition within the seed trade through the 

enforcement of the FSA.

For information regarding this article, contact Seed Marketing Specialist Kevin Robinson 

(704) 810-7264; Kevin.Robinson2@ams.usda.gov

COOPERATIVE AGREEMENTS

The Seed Regulatory and Testing Division is pleased to announce that all 50 State Cooperative 

Agreements have been renewed. The Cooperative Agreements are between the USDA 

Agricultural Marketing Service and each of the 50 States. The Cooperative Agreement objective 

is to administer the provisions of the Federal Seed Act involving interstate shipments of seed 

into the States of cooperating agency. The process is performed every 5 years and takes 

several months to complete. We appreciate the assistance, of the State Seed Control Officials, 

in getting these renewed and we look forward to our continued working relationship with each of 

the 50 State agencies.

For information regarding this article, contact Seed Marketing Specialist Kevin Robinson 

(704) 810-7264; Kevin.Robinson2@usda.gov

OECD SEED SCHEMES 2020

The Organization for Economic Cooperation and Development (OECD) Seed Schemes is an 

international agreement involving 61 countries for the purpose of promoting the use of highquality seed around the world through the establishment of harmonized standards for certified 

seed moving in international trade. The Seed Schemes was first established in 1958 and 

became part of OECD in 1961. The United States has been a participant since the early days. 

USDA Agricultural Marketing Service serves as the National Designated Authority (NDA), 

representing the U.S. to the Seed Schemes and coordinating the OECD Seed Schemes
ITEMS OF INTEREST IN SEED 2020 16

activities performed by the 30 Seed Certification Agencies (SCA) through cooperative 

agreements.

2020 Annual Meeting Outcomes:

Due to travel restrictions for almost all participants, the in-person annual meeting was cancelled. 

Ad Hoc Working Groups (AHWG) meet via Zoom during the month of May. The annual meeting 

was conducted in 2-hour sessions on June 17 and 18, 2020, over Zoom. Given the unusual 

virtual format of the 2020 Annual Meeting, time for discussion on specific items was limited to 

presentations by the Secretariat, recommendations from the January 2020 Technical Working 

Group (TWG) meeting and progress reports from the AHWGs distributed to delegates prior to 

the meeting. Instead of the usual in-person consensus to adopt changes to Rules & 

Regulations, approvals were accomplished through a written procedure whereby, changes were 

distributed to NDAs for approval. This process was completed on July 24, 2020. Pending 

confirmation by the Committee on Agriculture (CoAg) and the OECD Council, the following 

items will go into effect on January 1, 2021:

• Require serial numbers, or a unique identifying code, on each OECD label as a method 

to make counterfeiting labels more difficult.

• The Terms of Reference for the AHWG on Biochemical and Molecular Techniques were 

updated to focus the future work of the group on genetic techniques that may be useful 

in making varietal purity and identity decisions. The group will continue to work on 

updating information on more conventional biochemical tests as needed.

• Delegates approved the Seed Schemes communication strategy and a fewother 

annually required housekeeping items.

Ongoing discussions to be continued by Ad Hoc and Technical Working Groups

• The AHWG on mixtures will continue to work on the proposal to eliminate mixture rules 

from the individual schemes and instead establish one set of common rules governing 

the mixtures of certified seed.

• The AHWG on new seed production techniques will continue to work on general 

guidelines for development of certification standards for novel seed production systems 

under the schemes, with the goal of presenting those for approval at the 2021 annual 

meeting. The proposal from New Zealand regarding a F1 Hybrid Lolium production 

system may be reconsidered in 2021. Development of this system was another casualty 

of the pandemic, as travel restrictions hampered the ability of the developers and NDAs 

to conduct some of the necessary work.

• The AHWG on Intervention Processes after Certification continues to revise their 

proposed rules changes on the process of maintaining integrity of certified seed lots that 

are later opened to accomplish treatment, pelleting, or other processes. In the course of 

AHWG discussions during the past 3 years, the AHWG has identified several sections in 

the rules that either need to be updated or could be removed to reduce duplication or 

conflicting language.

As of the 2020 annual meeting, current members of the Seed Schemes Bureau are Chair 

Kristiina Digryte (Estonia), Vice Chair Mona El-Kasier (Egypt), Past-Chair Pedro Lavignolle 

(Argentina). Eddie Goldschaag (South Africa) stepped down from the Bureau after 6 years of 

service to the Seed Schemes.
ITEMS OF INTEREST IN SEED 2020 17

U.S. OECD Seed Schemes Program Manager Steve Malone, Ph.D. represented the U.S. at the 

OECD Seed Schemes, AHWG & TWG meetings held January 27-31 in Milan, Italy. Due to the 

COVID-19 global pandemic, the 2020 Annual Meeting was held virtually on June 18-19. The 

AHWGs were conducted virtually during May and early June. Chi Trinh, Seed Marketing 

Specialist and OECD Seed Schemes Assistant also participated in the Annual Meeting. Alan 

Galbreth, retired CEO of Indiana Crop Improvement Association, represented the American 

Seed Trade Association (ASTA) at the January meetings. Dr. David Stimpson from Oregon 

State University represented ASTA on the virtual annual meetings. The Association of Official 

Seed Analysts (AOSA) was represented by Dr. Dan Curry, also from Oregon State University 

for both meetings.

The next meeting of the Technical Working Group is scheduled for January 25-28, 2021, at the 

OECD Headquarters Conference Center in Paris, France. The 2021 annual meeting is 

scheduled for June 7-11, 2021, in Tallinn, Estonia.

U.S. Program Assessment Fees:

The assessment fee schedule set on July 1, 2019, will continue through June 30, 2021. The 

current fees are 15 cents per hundredweight for all species, except corn which is assessed at 

26 cents per hundredweight. Program revenue and expenses will be reviewed this fall and 

announced in December 2020 whether an increase will be necessary effective July 1, 2021, and 

the details of any changes.

For information regarding this article, contact Steve Malone (704) 810-8888; 

Stephen.Malone@usda.gov. For more information on the OECD Seed Schemes, go to 

http://www.ams.usda.gov/rules-regulations/fsa/oecd-schemes or http://www.oecd.org.

2020 NORTHEAST SEED ANALYST WORKSHOP (NESAW)

The 2020 Northeast Seed Analyst Workshop was held in Harrisburg, Pennsylvania on March 5th

and 6th at the Pennsylvania Department of Agriculture. Approximately 16 analysts from five 

States; Delaware, Ohio, Pennsylvania, Virginia and North Carolina, participated in this 

workshop.

The workshop was led by Nishit Patel, Seed Laboratory Supervisor of the Pennsylvania Seed 

Laboratory and Johnny Zook, Seed Program Supervisor also of the Pennsylvania Seed 

Laboratory. The material was presented by Nishit Patel, Johnny Zook, Botanists Charlene 

Burton, Laboratory Supervisor Todd Erickson (SRTD), Seed Marketing Specialist Chi Trihn 

(SRTD) and Leigh Wiltison-Combs from the Plant Variety Protection Office in Washington, DC.

The presentations included information pertaining to the combined Association of Official Seed 

Analysts/Society of Commercial Seed Technologists consolidated exam to become a Certified 

Seed Analyst or Registered Seed Technologist. The various topics consisted of hands on seed 

identification both individual seed and seed separations, seed structures, seedling evaluation, 

germination and dormancy, calculation of perennial ryegrass, multiple unit procedure,
ITEMS OF INTEREST IN SEED 2020 18

determining purity/noxious weight on coated seeds, classification of crop and weed seeds and 

information regarding plant variety protection.

For information regarding this article, contact Botanist Charlene Burton (704)-810-8880; 

Charlene.Burton@usda.gov.

INTERNATIONAL SEED TESTING ASSOCIATION 2020 MEETING

Due to the coronavirus pandemic, the Ordinary General Meeting (OGM) which was originally 

scheduled to be held in Verona, Italy was canceled. A virtual meeting took its place to cover 

essential elements of ISTA’s mission, which included voting on the 2021 ISTA rules. As the 

ISTA Rules Chair, SRTD Director Ernest Allen participated in two virtual ISTA meetings.

The first meeting held on May 19, 2020, was led by Mr. Allen. It was an open discussion 

focused on proposals for the 2021 rules. It was attended by more than 150 seed professionals 

in over 48 countries. This meeting allowed scientists and other stakeholders to scrutinize the 

proposals and give feedback to the authors.

The second meeting, held on May 28, 2020, followed the usual format of the OGM. This 

meeting did not include a discussion of the rules. However, it did include updates on proposals 

modified as a result of the open Rules Committee meeting held on May 19th. Since this meeting 

was virtual, member countries did not vote during the session. Instead, ballots were mailed 

from the ISTA Secretariat to the Designated Authority on record for each country. Mr. Allen 

served as the voting delegate on behalf of the USDA Agricultural Marketing Service, the United 

States Designated Authority to ISTA.

On June 17, 2020, the ISTA Secretariat reported voting results from rules proposals submitted 

during the virtual 2020 OGM. ISTA designated members voted on documents OGM20-05 and 

OGM20-06: proposed changes to the ISTA International Rules for Seed Testing 2021 edition 

and the associated method validation reports. Official counts revealed that the 48 designated 

members participating in voting met quorate requirements as specified in Article 11 of the 

Articles of the International Seed Testing Association.

Excluding 10 editorial changes, there were a total of 16 proposals submitted to the members for 

vote. All proposals were approved by the membership in addition to all editorial changes. The 

approved changes will become effective on January 1, 2021. Noteworthy changes for the 2021 

edition includes removal of 20<=>30 temperature option for the germination of Brassica napus; 

modifying the wording in chapter 9 to improve clarity on when a laboratory “must” perform an 

action, versus when a laboratory “should” perform an action; and the removal of several species 

from table 3A that are no longer being traded.

Summary of approved ISTA Rules proposals:

A.1. Editorial corrections

C.3.1 Revision of Table 3A

C.4.1 Complete test (update to definition)

C.4.2 Reduced test (update to definition)

C.5.1 Germination method for Brassica napus (update to temperature options)

C.5.2 Precision of light for germination tests (clarifies LED usage within ISTA rules)
ITEMS OF INTEREST IN SEED 2020 19

C.5.3 Reporting results

C.5.4 Change in the germination evaluation of roots for Helianthus annuus to allow secondary 

roots

C.7.1 Sample and subsample size (updates to the current method)

C.7.2 Identification Criteria (7-007 Detection of Alternaria linicola, Boytrytis cinerea, and

Colletotrichum lini in Linum usitatissimum)

C.7.3 Safety precautions (safety considerations when using Ethidium bromide)

C.9.1 Changes to the use of “must”, “should” and “may”

C.9.2 Containers for Moisture Testing in Chapter 9

C.9.3 Use of mesh instead of meshes

C.9.4 Clarification of working sample

C.9.5 Moisture method for Carica papaya

C.15.1 Clarification of the assessment of radicle emergence for Zea mays and Triticum 

aestivum subsp. aestivum in the radicle emergence test

2021 ISTA meeting is scheduled for May 31 to June 3, 2021, in Cairo, Egypt.

For more information regarding this article, contact SRTD Director Ernest Allen (704) 810-8884; 

Ernest.Allen@usda.gov.
ITEMS OF INTEREST IN SEED 2020 20

CALENDAR OF EVENTS

Event Date

ASTA Farm and Lawn Seed 

Conference Kansas City, MO

November 3, 2020

Organization for Economic Cooperation and 

Development (OECD) Seed Schemes 

Technical Working Group Meetings

Milan, Italy

January 25-28, 2021

American Seed Trade Association 

(ASTA) Vegetable and Flower Seed 

Conference Orlando, FL

January 29- February 2, 2021

Association of Official Seed Analysts/ Society 

of Commercial Seed Technologist (AOSA/ 

SCST) Annual Meeting

Saskatoon, Canada

June 11-17, 2021

Organization for Economic Cooperation 

and Development (OECD) Seed Schemes 

Annual Meeting

Tallinn, Estonia

June 7-11, 2021

American Seed Trade Association (ASTA) 

Policy and Leadership Development 

Conference Washington D.C

June 19- 23, 2021

Association of Official Seed Certifying 

Agencies (AOSCA) Annual Meeting

TBD

International Seed Testing Association 

(ISTA) Annual Meeting

Cairo, Egypt

May 31 – June 3, 2021

SRTD Seed 

School Gastonia, 

NC

August 2021

ASTA Corn Soybean & Sorghum 

(CSS) Conference

Chicago, IL

December 9 - 12, 2021
ITEMS OF INTEREST IN SEED 2020 21

SEED REGULATORY AND TESTING DIVISION STAFF DIRECTORY

Division Director

Ernest Allen, (704) 810-8884, Ernest.Allen@usda.gov

Laboratory Supervisor

Todd Erickson, (704) 810-8877, Todd.Erickson@usda.gov

Seed Marketing Supervisor

Roger Burton, (704) 810-7265, Roger.Burton@usda.gov

Botanists

Charlene Burton, (704) 810-8880, Charlene.Burton@usda.gov

Elizabeth Stewart, (704) 810-8873, Elizabeth.Stewart1@usda.gov

Anitra Walker, (704) 810-7269, Anitra.Walker@usda.gov

Laboratory Technician

Kathryn McGinnis, (704) 810-8870, Kathryn.McGinnis@usda.gov

Agronomist

Laura Berrios-Ortiz, (704) 810-8885, Laura.BerriosOrtiz@usda.gov

Plant Physiologist

Dr. Yujia Wu, (704) 810-7267, Yujia.Wu@usda.gov

Seed Marketing Specialists (Regulatory)

Akhtar Kazmi, (704) 810-8878, Akhtar.Kazmi@usda.gov

Rodney McNeace, (704) 810-8871, RodneyB.Mcneace@usda.gov

Kevin Robinson, (704) 810-7264, Kevin.Robinson2@usda.gov

Chi Trinh, (704) 810-7272, Lan-chin.Trinh@usda.gov

OECD Manager

Dr. Stephen Malone, (704) 810-8888, Stephen.Malone@usda.gov

Main Office Phone, (704) 810-8871

Main Laboratory Phone, (704) 810-8870
ITEMS OF INTEREST IN SEED 2020 22

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rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions 

participating in or administering USDA programs are prohibited from discriminating based on 

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the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or 

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To file a program discrimination complaint, complete the USDA Program Discrimination 

Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint 

and at any USDA office or write a letter addressed to USDA and provide in the letter all of the 

information requested in the form. To request a copy of the complaint form, call (866) 632-9992. 

Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, 

Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, 

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USDA is an equal opportunity provider, employer, and lender.