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Seed Labeling in Minnesota-Why are Labels Required and What Does a Label Convey?
Denise Thiede | Program Supervisor, Seed, Weed, Hemp & Biotechnology Program
October 17, 2018
MN Seed Regulatory Program | www.mda.state.mn.us/seed
The Seed Regulatory Team
MN Seed Regulatory Program | www.mda.state.mn.us/seed
Agenda
MN Seed Regulatory Program | www.mda.state.mn.us/seed
• What are the legal requirements for labeling seed in Minnesota?
• How does seed testing contribute to accurately labeling seed for sale?
• How can seed labeling and testing prevent the spread of noxious weed seeds including Palmer amaranth?
The Seed Regulatory Program administers the Minnesota Seed Law for the purposes of:
MN Seed Regulatory Program | www.mda.state.mn.us/seed
Consumer protectionEnsure Truth in Labeling
Seed is of the identity and quality advertisedLabeling is consistent and critical information is readily available
Limit exposure to growers, homeowners, and project managers to poor quality and misrepresented seed
Fair Marketplace CompetitionAll suppliers are held to the same standardsExposes the cheaters and protects seed businesses that consistently operate within the law
ENSURE THAT ALL IN THE SEED SUPPLY CHAIN HAVE ACCURATE INFORMATION TO MAKE DECISIONS
The Seed Regulatory Program-What do we do
MN Seed Regulatory Program | www.mda.state.mn.us/seed
• Conduct Inspections• Verify record retention and retain samples
• Review Seed Label • Verify that the label in compliance
• Collect Seed Samples• Use best sampling practices e.g. follow AASCO sampling guidelines
• Test Samples According to AOSA Rules for Testing Seed• Determine if test results are within tolerance
• Enforce the law
What is required on the seed label?
MN Seed Regulatory Program | www.mda.state.mn.us/seed
• Kind• Variety• Lot• Test Date (15 months for natives)• Origin (Production vs Genetic) • Net Weight• Labeler’s name and address
• Germination % • Dormant % • Hard % • Total Viable %• (% PLS)
• Pure Seed % • Other Crop Seed %• Weed Seed % (<1% by weight)• Inert Matter %• Noxious weeds Kind, Prohibited or Restricted, Number per lb
Label Example # 1-Single Kind
MN Seed Regulatory Program | www.mda.state.mn.us/seed
Label #2
MN Seed Regulatory Program | www.mda.state.mn.us/seed
Label Example #3-Mixture
MN Seed Regulatory Program | www.mda.state.mn.us/seed
How is seed tested to accurately label seed for sale?
• AOSA Rules for Seed Testing
• Germination, Dormancy, and Hard Seed
• Physical Purity Exam
• %Pure Seed, %Other Crop Seed, %Weed Seed, %Inert Matter
• Noxious Weed Exam
• All-States vs State-specific
• Prohibited vs Restricted
MN Seed Regulatory Program | www.mda.state.mn.us/seed
Seed TestingGermination, Dormancy, and Hard Seed
11
• Germination• AOSA Rules IF AVAILABLE• 400 seeds tested (200 seeds on Components
<15%)• Determine Identify 4 components:
• % Germination• % Abnormal• % Dormant • % Hard• % Dead• %Total Viable
• Viability (TZ) Test• Pure Live Seed• AOSA Report of Analysis is issued.
Seed TestingThe Purity & Noxious Weed Exams
12
• Visual Exam by Registered Seed Technologist • Purity exam
• ~2500 seeds • Identify 4 components:
• Pure Seed• Other Crop• Weed Seed including Noxious weeds• Inert matter
• Noxious exam• ~25,000 seeds• Identify all noxious weeds including:• Restricted-Specified Tolerance is acceptable.• Prohibited-Zero Tolerance
• AOSA Report of Analysis is issued.
The Purity & Noxious Exams
• Official submitted sample• Divide to obtain Working Sample
The Test
MN Seed Regulatory Program | www.mda.state.mn.us/seed
The Test-Seed ID
MN Seed Regulatory Program | www.mda.state.mn.us/seed
Why do we need a genetic test to differentiate the pigweeds?
Even the best seed analyst can’t tell them apart
Steve Hurst, hosted by the USDA-NRCS PLANTS Database
Steve Hurst, hosted by the USDA-NRCS PLANTS Database
Steve Hurst, hosted by the USDA-NRCS PLANTS Database
Amaranthus tuberculatus
Amaranthus hybridus
Amaranthus palmeri
Amaranthus powellii
Amaranthus retroflexus
Steve Hurst, hosted by the USDA-NRCS PLANTS Database
Amaranthus spinosus
Lynn Sosnoskie, University of Georgia, Bugwood.org
Steve Hurst, hosted by the USDA-NRCS PLANTS Database
Genetic Testing Options Have Expanded
• California Department of Food and Agriculture
• Single seed testing using ITS sequencing
• Eurofins BioDiagnostics
• Single seed testing using PCR
• Pooled seed testing using PCR with up to 25 seeds per pool
• University of Illinois
• Pooled seed testing using PCR with up to 100 seeds per pool
MN Seed Regulatory Program | www.mda.state.mn.us/seed
All-States Noxious Weed Seed List
• Seed moves across the nation as well as globally
• Tests can be conducted by AOSA Rules for USA, Canadian Methods and Procedures for Canada, and ISTA Rules for international destinations
• Most companies request an All-States Noxious exam so they know where they can sell their seed in the USA
• https://www.ams.usda.gov/rules-regulations/fsa
• https://www.ams.usda.gov/sites/default/files/media/StateNoxiousWeedsSeedList.pdf
• For international movement, they request the specific country
• https://www.aphis.usda.gov/aphis/ourfocus/planthealth/sa_export/sa_pcit/ct_pcit
• Regulatory labs only evaluate according to State list
MN Seed Regulatory Program | www.mda.state.mn.us/seed
MN Noxious Weed Seeds
MN Seed Regulatory Program | www.mda.state.mn.us/seed
• PROHIBITED WEED SEEDS
• The following are weed seeds which are prohibited from being present in agricultural, vegetable, flower, tree, and shrub seeds sold in Minnesota.
• A. Bull thistle (Cirsium vulgare L.) G. Hemp (Cannabis sativa L.)
• B. Canada thistle (Cirsium arvense Scop.)H. Leafy spurge (Euphorbia esula L.)
• C. Musk thistle (Carduus nutans L.) I. Perennial peppergrass (Lepidium draba L.)
• D.Perennial sow thistle (Sonchus arvensis L.) J. Russian knapweed (Centaurea repens L.)
• E. Plumeless thistle (Carduus acanthoides L.) K. Palmer amaranth (Amaranthus palmeri S.) Wats.)
• F. Field bindweed (Convolvulus arvensis L.)
MN Noxious Weed Seeds
MN Seed Regulatory Program | www.mda.state.mn.us/seed
• RESTRICTED WEED SEEDS
• “Restricted weed seeds” are those weed seeds which, if present in agricultural, vegetable, flower, tree, and shrub seed, must be named on the label together with the number per ounce or pound of seed specified and which may not exceed the legal limit. They are seeds of weeds which are objectionable in fields, lawns, and gardens of this state, and which can be controlled by good agricultural practices and use of herbicides. Restricted weed seeds are seeds of the plants listed below.
• A. Buckhorn plantain (Plantago lanceolata L.) F. Wild mustard (Brassica arvensis L.)
• B. Dodder (Cuscuta spp.) G. Quack grass (Agropyron repens L.)
• C. Frenchweed (Thlaspi arvense L.) H. Wild radish (Raphanus raphanistrum)
• D. Hoary alyssum (Berteroa incana D.C.) I. Giant foxtail (Seteria faberii)
• E. Horse nettle (Solanum carolinense L.) J. Eastern black nightshade (Solanum ptycanthum Dun)
AOSA Report of Analysis
MN Seed Regulatory Program | www.mda.state.mn.us/seed
AOSA Report of Analysis-Revised
MN Seed Regulatory Program | www.mda.state.mn.us/seed
A Seed Analyst only looks for Noxious Weed Seeds
• Invasive Species
• Noxious Weeds (http://www.mda.state.mn.us/plants-insects/minnesota-noxious-weed-list )
• Prohibited Eradicate
• Prohibited Control
• Restricted
• Specially Regulated
• Noxious Weed Seeds (http://www.mda.state.mn.us/sites/default/files/2018-05/2017%20prohibited%20and%20restricted%20weed%20seeds%20minnesota.pdf )
MN Seed Regulatory Program | www.mda.state.mn.us/seed
Align Noxious Weed and Noxious Weed Seed Lists – Possible Process
• Develop Risk Assessment Model to add, remove, or review species on the seed list.
• Align with new ASTA committee on this topic.
• Establish Criteria that would lead to restricted vs prohibited assignment
• Similar to the Noxious weed prohibited eradicate or control categories
• Revise Commissioner Powers and Duties 21.85 subd 15 to prepare, publish, and revise the list as necessary.
• Establish a priority list and begin the process.
• Harmonize with Noxious Weed List where it is logical.
MN Seed Regulatory Program | www.mda.state.mn.us/seed
Investigating the spread of Palmer amaranth in Minnesota
MN Seed Regulatory Program | www.mda.state.mn.us/seed
• What seed was planted at the infested site? – Identify the potential sources
• Conduct a noxious exam on each lot and using PCR to determine if Amaranthus seeds are Palmer amaranth
• Review records for this lot, what vendor supplied it, did the label identify noxious weeds?
• Was Palmer amaranth identified in the seed testing records for this lot? Can it be found in the required file sample?
• Did the seed testing lab follow the appropriate protocol?
• Where else was this seed sold in MN? Are there other sites that may be contaminated by this same lot?
The Label
• One potential source• 22 species• No noxious weeds • Various origins
What have we learned?
• Did we identify the seed source? • 2016 Lyon and Yellow Medicine Counties
• One seed mix planted at all locations• Confirmed Palmer amaranth in the seed mix, but could not identify the source lot• Single source samples were not available for all components in the mix• Why Not? Seed vendors did not have required records
• 2017 Todd and Douglas Counties• Ten different seed sources were confiscated from landowner and tested• One grass mix contained Palmer amaranth, but single source seed lot could not be identified• Why Not? Seed vendors did not have required records
• 2018 Pennington, Marshall, Red Lake, and Roseau Counties• Contaminated seed source discovered in routine sampling• Planted on 1400 acres• No plants found in field surveys in 2018• Seed investigation ongoing; records and file samples not available
Investigations take time!
Conclusions
• Seed testing and seed labeling are important tools to slow the spread of noxious weeds
• Prohibited and restricted noxious weed seed lists need to be evaluated to determine if changes are needed
• Changes to the seed law will be required to implement a new process similar to the one used by the Noxious Weed Advisory Committee
• Regulatory program provides both education and enforcement to ensure that the label provided on all seed sold in the state accurately reflects the proportion of weed seeds and specifically identifies the noxious weeds by name and number per pound
MN Seed Regulatory Program | www.mda.state.mn.us/seed
Thank you!
Denise Thiede
651-201-6531
MN Seed Regulatory Program | www.mda.state.mn.us/seed
Questions?
Resources
• Selling and Labeling in Minnesota - http://www.mda.state.mn.us/seed
• Federal Seed Act - https://www.ams.usda.gov/rules-regulations/fsa
• AOSA Rules for Seed Testing - http://www.analyzeseeds.com/
MN Seed Regulatory Program | www.mda.state.mn.us/seed