Seed Regulatory Issues

Purdue Ag SummitSeptember 13, 2002

Larry Nees

Seed Administrator

Office of Indiana State Chemist & Seed Commissioner

Responsibilities Relating to Seed

• Indiana Seed LawIndiana Seed Law

• Indiana Seed Arbitration LawIndiana Seed Arbitration Law

• Indiana Inspections Under Seed Contracts Indiana Inspections Under Seed Contracts LawLaw

IC 15- 4 -13IC 15- 4 -13““Inspections Under Seed Contracts” Inspections Under Seed Contracts”

LawLawEffective Date: January 1, 2003

Established to provide notification to growers of intent of seed technology providers to enter onto private property to inspect plants in the field or collect samples of the crop grown from seed obtained through written contracts

Some “Key” Definitions

“Seed Contract” refers to a written contract between a seed supplier and a farmer that a farmer must sign to obtain the seed or the right to plant the seed.

“Production Contract” – refers to any of the following:

(1) a contract to grow seed for demonstration purposes.

(2) a contract to grow seed for research purposes,

(3) a contract to grow seed under which the seed supplier (a) retains title to the crop or a product from the crop; or (b) has the right or obligation to purchase, receive, or direct the disposition of the crop or a product from the crop, or

(4) a contract to grow seed in connection with an identity preserved crop program

More Definitions …

“Seed Supplier” refers to a person engaged in commercial production or supply of either of the following: (1) seed, and (2) technology genetically engineered into seed

““Farmer” is a person who is engaged in commercial Farmer” is a person who is engaged in commercial farming and who plants seed in Indiana under a farming and who plants seed in Indiana under a seed contract for purposes of growing a seed contract for purposes of growing a commercial grain crop.commercial grain crop.

Key Provision of the Key Provision of the LawLaw

A seed contract may not give a seed supplier the right to enter real property owned by the farmer to acquire samples of the crop grown unless all the following apply:

These “Conditions” Must Apply:

• Written notice given to farmer & commissioner to enter property not later than 5 days before date of entry

• Supplier grants permission to farmer & commissioner to accompany him during visit

• Supplier permits farmer and/or commissioner to take matching or receive split samples of any taken

• Supplier & farmer share 50/50 split of costs incurred by commissioner in connection with such activities

More Key Provisions …

• If a suit is filed against a farmer, the supplier shall provide written notice of the suit to the commissioner of agriculture

• A farmer has a right of action against a supplier who enters real property in violation of the law, and is entitled to recover all of the following:

(1) actual damages resulting from the supplier’s violation of the law, and

(2) the farmer’s reasonable attorney’s fees and other litigation costs incurred with the action.

Seed Quality Issues

• Are “conventional” varieties & hybrids free of GMO traits?

• How do I know if my variety or hybrid is a “GMO”

Regulatory Activities

• Inspectional visits to all seed retailers

• Sampling and testing of seed lots offered for sale

Sampling & Testing

2001 Testing:

Crop Trait # Seedsmen # Samples Results

Corn Starlink 61 457 Negative

Soybeans Roundup 34 106 Negative

2002 Testing:

Crop Trait # Seedsmen # Samples Results

Corn Bt Events 62 391 Negative

Corn Roundup 62 391 Negative

Soybeans Roundup 39 63 Negative

Seed Purity Issues

Concerns about seed purity in relation to “adventitious presence” of GMO events

Ask Questions !!!