Seed Licensing, Registration, and Other Frequently Asked Questions

Currently, Michigan does not require either seed labelers or seed dealers to be licensed or registered. There is also no requirement that seed products be registered for sale in this state.

This does not mean that the sale of seed in Michigan isn't regulated!

Provisions in Act 329, the Michigan Seed Law, authorize the Michigan Department of Agriculture & Rural Development to regulate the labeling, coloration, advertising, sale, offering, exposing, or transporting for sale of agricultural, vegetable, lawn, flower, and forest tree seeds. Act 329 also authorizes the Director of Agriculture to adopt rules for its enforcement, provides for the inspection and testing of seed, and prescribes penalties for violations.

Act 221, the Certification of Seed law, characterizes certified and certain classes of seed, authorizes the Director of Agriculture to promulgate rules and regulations governing the certification of seed as to certain genetic and other standards, authorizes the designation of official seed certification agencies, and provides penalties for violations.

These laws, and the regulations adopted under their authority, also establish all of the standards that must be met by any seed sold in the State of Michigan.

Usually, the violation notice was issued because the seed product's label is misbranded, which means information that is required by law is missing, or the label contains information that is incorrect or inaccurate. Correcting the problem requires replacing the incorrect labels with new, corrected labels. Note, you cannot change information by making hand-written corrections on the original label.

The inspector's "stop sale" notice includes information that states label or seed problems, out-of-compliance test dates or test results, and what you are expected to do to correct the problem. The report also provides contact information so you can reach the inspector when the requested corrections have been made.

Whether or not the seed can be sold depends on the reason for the violation as indicated in the official seed analysis report:

• If test results reveal that the seed's germination has fallen below the required minimum standards, it cannot be sold.
• If the seed quality does not meet standards for other crop seed, inert material, or weed seed present, it cannot be sold unless it can be reprocessed in such a way that it meets those standards.
• If the seed is misbranded it cannot be sold. In cases of misbranding the problem can usually be corrected by replacing the original labels with new labels from the manufacturer that reflect the information found in the official seed analysis report. If the test has expired, a new label showing the date of the latest test is required. Examples of misbranding may include:
  • Testing showed that it failed to meet the label's stated claims or guarantees.
  • The test date has expired.

If the seed cannot be sold, contact the supplier to see if they will replace it or give you credit for it. Any seed that cannot be sold should be returned or disposed of.

When the problem has been corrected, contact the inspector who issued the violation notice or stop sale order. It is illegal to resume selling any seed that is the subject of a violation or stop sale notice until a representative of MDARD has verified that the seed is compliant with Act 329.

Kind means one or more related species or subspecies that singly or collectively are known by one common name, including, but not limited to, oats, wheat, soybeans, corn, Kentucky bluegrass, annual ryegrass, and petunia.

Variety means a subdivision of a kind that is distinct, uniform, and stable; distinct in the sense that the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge; uniform in the sense that variations in essential and distinctive characteristics are describable, and, stable in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties. Examples of varieties include Heritage oats, Augusta wheat, Corsoy soybeans, and Marion Kentucky Bluegrass.

A mixture of seed consists of more than one kind of seed being sold in the same bag/container, each kind present comprising at least 5% of the whole. For example, a mixture may consist of Kentucky bluegrass, annual ryegrass, and tall fescue.

A blend of seed consists of more than one variety of the same kind of seed being sold in the same bag/container, each variety present comprising at least 5% of the whole. For example, a blend may consist of different varieties of Kentucky bluegrass.

Blends are often mistakenly labeled as seed mixtures.

The Michigan Seed Law defines brand as a word, name, symbol, number, or design used to identify the seed of one person in such a way as to distinguish it from the seed of another person. United States Department of Agriculture (USDA) officials have found evidence of confusion over the use of variety names and brand or trademark names. This includes names registered with the Trademark Division of the U.S. Patent Office.

Here are some rules to keep in mind:

• The brand or trademark name must be clearly distinct from the variety name. For example, "Red Giant Brand Arthur 71 wheat" adequately distinguishes between "Red Giant" brand and the variety "Arthur 71". "Red Giant Arthur 71 wheat", on the other hand, is not an adequate distinction.
• A brand name must never take the place of a variety name. For example, if a firm uses "Super Nova" as a brand name for its line of sunflowers, this firm may not relabel or advertise variety "894" hybrid sunflower seed as variety "Super Nova" hybrid sunflower or even "Super Nova 894" variety.
• If a brand or trademark name is part of a variety's name, that trademark loses status. Anyone marketing the variety under its name is required to use the exact, legal variety name, including brand or trademark. For instance, Ajax Seed Company uses "Ajax Deluxe" as a brand or trademark for its line of vegetable seed. If the Ajax Seed Company introduces a new tomato variety named "Ajax Deluxe Cherry" they can't retain exclusive rights to that name. If John Doe Seed Company later makes an interstate shipment of seed of this same variety, it must be labeled as "Ajax Deluxe Cherry".

For Agricultural seed and vegetable seed in containers more than 1 pound: The percentage of germination exclusive of dormant or hard seed, and the percentage of dormant or hard seed, if present, and the calendar month and year that these percentages were determined by test for each agricultural seed named must be included on the label. The test date must be within 12 months, 11 months excluding the month it was tested.

For cool season lawn and turf seed and mixtures: The statement "sell by", which shall be not more than 15 months from the date of the germination test excluding the month of the test.

For vegetable seed in containers less than 1 pound and flower seed: The year for which the seed was packed for sale and labeled "packed for year" or the percentage of germination exclusive of dormant or hard seed, the percentage of dormant or hard seed, and the month and year these percentages were determined by test.

* If your germination test date is out of compliance with the requirements of Act 329 the seed must be re-tested and re-labeled with the new test date for you to be able to sell it.

* Germination standards can be found in Regulation 715

The labeling requirements for vegetable and flower seed sold outside their original containers are met if the seed is weighed from a properly labeled container in the presence of the purchaser. However, treated vegetable and flower seed shall be accompanied by the information required in section 7 of Act 329 on each container sold from the original container 286.705 (5)(2).

Ensure that each repackaged seed bag is distributed with the correct labels, containing all the necessary information in compliance with Michigan Seed Law. Maintain traceability records for distribution to comply with the seed law such as: records of the repackaging process, which should include:

• The lot number of the original seed.
• The type of seed repackaged.
• A copy of germination and purity test results (if applicable).
• Any treatments applied to the seed (if applicable).
• The date of repackaging.

When repacking seed, you must put your name on the new seed label unless you are given permission by the firm that originally packaged the seed.

The requirements for seed sold outside of the original container are met if the seed is weighed from a properly labeled container in the presence of the purchaser. The original label should be on or near the bulk bin, available for the customer to view. Treated seed must be accompanied by the information required for the treated seed contained on the label. It is not recommended that treated seed be placed in bulk bins due to safety concerns.