Photo: Salt cedar along the Rio Grande, Big Bend National Park. © 2017 Delena Norris-Tull
Federal Seed Act, 1939, amended through 1998
Summarized by Dr. Delena Norris-Tull, Professor Emerita of Science Education, University of Montana Western, updated June 2022
Pub. L. 97-439
7 USC 1551-1611
US Code, Title 7, Agriculture
Chapter 37, Seeds
Sections 1551-1611
Agency: USDA, Animal and Plant Health Inspection Service (APHIS)
Summary by Dr. Delena Norris-Tull, Professor Emerita of Science Education, University of Montana Western, September, 2020
By 1928, most States had laws regulating seed quality. Early Federal laws related to seed quality quickly evolved into the much more comprehensive Federal Seed Act of 1939.
Details of the Federal Seed Act:
“An Act to regulate interstate and foreign commerce in seeds; to require labeling and to prevent misrepresentation of seeds in interstate commerce; to require certain standards with respect to certain
imported seeds.”
Title I, Definitions, Section 101: “’Agricultural seeds’ shall mean grass, forage, and field crop seeds which the Secretary of Agriculture finds are used for seeding purposes in the United States and which he lists in the rules
and regulations prescribed under section 402 of this Act.
(B) ‘Vegetable seeds’ shall include the seeds of those crops that are or may be grown in gardens or on truck farms and are or may be generally known and sold under the name of vegetable seeds.”
Federal Seed Act references to “noxious weed seed.”
Title I, Definitions, Section 101(A): “The term ‘weed seeds’ means the seeds or bulblets of plants recognized as weeds either by the law or rules and regulations of the State into which the seed is offered for transportation, or transported; or Puerto Rico, Guam, or District of Columbia, into which transported, or the District of Columbia in which sold.”
“The term ‘noxious-weed seeds’ means the seeds or bulblets of plants recognized as noxious--
(i) by the law or rules and regulations of the State into which the seed is offered for transportation, or transported;
(ii) by the law or rules and regulations of Puerto Rico, Guam, or the District of Columbia in which sold; or
(iii) by the rules and regulations of the Secretary of Agriculture under this Act, when after investigation he shall determine that a weed is noxious in the United States or in any specifically designated area thereof.”
The FSA provides a list of Federally designated species that are listed as “noxious weed seed.” The seeds of those species are prohibited from occurring in any agricultural or vegetable seed sold in the USA. In addition, each State produces a list of species that are designated as either “Prohibited” (zero seeds are permitted in agricultural seed), or “Restricted” (with tolerance levels set by the State).
Title II, Interstate Commerce, section 201(a) lists the various information required to appear on seed labels. In regards to noxious weeds, the label must include:
“(4) Percentage by weight of weed seeds, including noxious-weed seeds;
(5) Kinds of noxious-weed seeds and the rate of occurrence of each, which rate shall be expressed in accordance with and shall not exceed the rate allowed for shipment, movement, or sale of such noxious weed seeds by the law and regulations of the State into which the seed is offered for transportation or transported or in accordance with the rules and regulations of the Secretary of Agriculture, when under the provisions of section 101(a)(9)(A)(iii) he shall determine that weeds other than those designated by State requirements are noxious.”
“The Federal Seed Act does not limit the percentage of weed seeds but does require truth in labeling as it pertains to weed seed content.”
Title III, Foreign Commerce, Sec. 301 (a): “The importation into the United States is prohibited of--
(1) any agricultural or vegetable seeds if any such seed contains noxious-weed seeds, or the labeling of which is false or misleading in any respect.”
In the Electronic Code of Federal Regulations (e-CFR), Title 7 (Agriculture), Chapter I (Agricultural Marketing Service), (Subchapter K) Federal Seed Act Requirements:
In the section: Labeling agricultural seeds:
“(b) Seeds or bulblets of the [Federal list of noxious weed seed] plants shall be considered noxious-weed seeds in agricultural and vegetable seeds transported or delivered for transportation in interstate commerce (including Puerto Rico, Guam, and the District of Columbia). Agricultural or vegetable seed containing seeds or bulblets of these kinds shall not be transported or delivered for transportation in interstate commerce. Noxious-weed seeds include the [listed] species on which no tolerance will be applied.” (The list of Federally designated noxious weed seed is included in the regulations.)
In the FSA, vegetable seeds are regulated differently from agricultural seeds. In vegetable seed, listing noxious-weed seed is only required if the vegetable seed is sold in containers of more than 1 pound.
(a) The individual seeds are to be removed from fruiting structures such as pods and heads. The seeds are classified as weed seed and the remaining fruiting structures classified as inert matter.
(b) Wild onion and wild garlic (Allium spp.) bulblets that have any part of the husk remaining and are not damaged at the basal end are considered weed seeds regardless of size. Bulblets that are completely devoid of husk, and are not damaged at the basal end, and are retained by a 1⁄13 -inch (1.9 mm) round-hole sieve are considered weed seeds. For wild onion and wild garlic (Allium spp.) bulblets classed as inert matter, refer to §201.51(b)(5).”
On the website of the USDA Agricultural Marketing Service (AMS), it states that “The AMS enforces interstate commerce provisions of the Federal Seed Act (FSA) and provides seed testing service under the Agricultural Marketing Act.”
Refer to the online document: State Noxious-Weed Seed Requirements Recognized in the Administration of the Federal Seed Act, which briefly describes the Federal Seed Act requirements, and includes the list of noxious weed seeds designated in each State. The Appendices within this document include tables that cross-reference each weed species to all the States that have included that species on their “noxious weed seed” lists. It is notable that each State has its own list of species designated as “noxious weeds,” and its own list of species treated as “noxious weed seed.” For most States, those two lists do not include exactly the same species. This requires seed companies to label seeds differently for each State.
Commentary on the FSA:
Lars Baker, retired Weed and Pest Superintendent for Fremont County, Wyoming, stated that, “The first Federal Seed Law… designated that any seed sold had to be at least 97% pure [weed seed free]. Unfortunately, because it’s quite easy to have seed that is 99% pure, the seed companies started putting trash into the seed, to decrease it to 97% pure. This allowed many weed species to be introduced.”
Today, it is the State laws that determine the % or number of weeds seeds that are tolerated in agricultural and vegetable seed (except for the Federally designated species list, for which no tolerance is allowed).
Dr. Robert Price, Senior Seed Botanist/Specialist for the California Department of Food & Agriculture, added this commentary in September 2020, “Vegetable seeds offered for sale and agricultural seeds offered for sale currently have very different labeling requirements under the Federal Seed Act and there is no requirement to list noxious weed seeds occurring in the given seed lot of vegetable seed on the label of seeds sold in the United States. This may get changed in the update of the Federal Seed Act that is now under consideration. Seeds of Federal noxious weeds are prohibited from interstate commerce of any seed lot, and seeds that are listed as prohibited noxious weed seeds by the state receiving the shipment are likewise completely prohibited from shipment into that state.”
Next Sections on Federal & State Laws on Invasive Species:
Federal Seed Act, 1939, amended through 1998
Summarized by Dr. Delena Norris-Tull, Professor Emerita of Science Education, University of Montana Western, updated June 2022
Pub. L. 97-439
7 USC 1551-1611
US Code, Title 7, Agriculture
Chapter 37, Seeds
Sections 1551-1611
Agency: USDA, Animal and Plant Health Inspection Service (APHIS)
Summary by Dr. Delena Norris-Tull, Professor Emerita of Science Education, University of Montana Western, September, 2020
By 1928, most States had laws regulating seed quality. Early Federal laws related to seed quality quickly evolved into the much more comprehensive Federal Seed Act of 1939.
Details of the Federal Seed Act:
“An Act to regulate interstate and foreign commerce in seeds; to require labeling and to prevent misrepresentation of seeds in interstate commerce; to require certain standards with respect to certain
imported seeds.”
Title I, Definitions, Section 101: “’Agricultural seeds’ shall mean grass, forage, and field crop seeds which the Secretary of Agriculture finds are used for seeding purposes in the United States and which he lists in the rules
and regulations prescribed under section 402 of this Act.
(B) ‘Vegetable seeds’ shall include the seeds of those crops that are or may be grown in gardens or on truck farms and are or may be generally known and sold under the name of vegetable seeds.”
Federal Seed Act references to “noxious weed seed.”
Title I, Definitions, Section 101(A): “The term ‘weed seeds’ means the seeds or bulblets of plants recognized as weeds either by the law or rules and regulations of the State into which the seed is offered for transportation, or transported; or Puerto Rico, Guam, or District of Columbia, into which transported, or the District of Columbia in which sold.”
“The term ‘noxious-weed seeds’ means the seeds or bulblets of plants recognized as noxious--
(i) by the law or rules and regulations of the State into which the seed is offered for transportation, or transported;
(ii) by the law or rules and regulations of Puerto Rico, Guam, or the District of Columbia in which sold; or
(iii) by the rules and regulations of the Secretary of Agriculture under this Act, when after investigation he shall determine that a weed is noxious in the United States or in any specifically designated area thereof.”
The FSA provides a list of Federally designated species that are listed as “noxious weed seed.” The seeds of those species are prohibited from occurring in any agricultural or vegetable seed sold in the USA. In addition, each State produces a list of species that are designated as either “Prohibited” (zero seeds are permitted in agricultural seed), or “Restricted” (with tolerance levels set by the State).
Title II, Interstate Commerce, section 201(a) lists the various information required to appear on seed labels. In regards to noxious weeds, the label must include:
“(4) Percentage by weight of weed seeds, including noxious-weed seeds;
(5) Kinds of noxious-weed seeds and the rate of occurrence of each, which rate shall be expressed in accordance with and shall not exceed the rate allowed for shipment, movement, or sale of such noxious weed seeds by the law and regulations of the State into which the seed is offered for transportation or transported or in accordance with the rules and regulations of the Secretary of Agriculture, when under the provisions of section 101(a)(9)(A)(iii) he shall determine that weeds other than those designated by State requirements are noxious.”
“The Federal Seed Act does not limit the percentage of weed seeds but does require truth in labeling as it pertains to weed seed content.”
Title III, Foreign Commerce, Sec. 301 (a): “The importation into the United States is prohibited of--
(1) any agricultural or vegetable seeds if any such seed contains noxious-weed seeds, or the labeling of which is false or misleading in any respect.”
In the Electronic Code of Federal Regulations (e-CFR), Title 7 (Agriculture), Chapter I (Agricultural Marketing Service), (Subchapter K) Federal Seed Act Requirements:
In the section: Labeling agricultural seeds:
- Section 201.15, Weed Seeds: “The percentage of weed seeds shall include seeds of plants considered weeds in the State into which the seed is offered for transportation or transported and shall include noxious weed seeds.”
- Section 201.16, Noxious-Weed Seeds:
“(b) Seeds or bulblets of the [Federal list of noxious weed seed] plants shall be considered noxious-weed seeds in agricultural and vegetable seeds transported or delivered for transportation in interstate commerce (including Puerto Rico, Guam, and the District of Columbia). Agricultural or vegetable seed containing seeds or bulblets of these kinds shall not be transported or delivered for transportation in interstate commerce. Noxious-weed seeds include the [listed] species on which no tolerance will be applied.” (The list of Federally designated noxious weed seed is included in the regulations.)
In the FSA, vegetable seeds are regulated differently from agricultural seeds. In vegetable seed, listing noxious-weed seed is only required if the vegetable seed is sold in containers of more than 1 pound.
- Section 201.30c: Labeling Vegetable Seeds:
- Section 201.50: Weed Seed:
(a) The individual seeds are to be removed from fruiting structures such as pods and heads. The seeds are classified as weed seed and the remaining fruiting structures classified as inert matter.
(b) Wild onion and wild garlic (Allium spp.) bulblets that have any part of the husk remaining and are not damaged at the basal end are considered weed seeds regardless of size. Bulblets that are completely devoid of husk, and are not damaged at the basal end, and are retained by a 1⁄13 -inch (1.9 mm) round-hole sieve are considered weed seeds. For wild onion and wild garlic (Allium spp.) bulblets classed as inert matter, refer to §201.51(b)(5).”
- Section 201.65:
On the website of the USDA Agricultural Marketing Service (AMS), it states that “The AMS enforces interstate commerce provisions of the Federal Seed Act (FSA) and provides seed testing service under the Agricultural Marketing Act.”
Refer to the online document: State Noxious-Weed Seed Requirements Recognized in the Administration of the Federal Seed Act, which briefly describes the Federal Seed Act requirements, and includes the list of noxious weed seeds designated in each State. The Appendices within this document include tables that cross-reference each weed species to all the States that have included that species on their “noxious weed seed” lists. It is notable that each State has its own list of species designated as “noxious weeds,” and its own list of species treated as “noxious weed seed.” For most States, those two lists do not include exactly the same species. This requires seed companies to label seeds differently for each State.
Commentary on the FSA:
Lars Baker, retired Weed and Pest Superintendent for Fremont County, Wyoming, stated that, “The first Federal Seed Law… designated that any seed sold had to be at least 97% pure [weed seed free]. Unfortunately, because it’s quite easy to have seed that is 99% pure, the seed companies started putting trash into the seed, to decrease it to 97% pure. This allowed many weed species to be introduced.”
Today, it is the State laws that determine the % or number of weeds seeds that are tolerated in agricultural and vegetable seed (except for the Federally designated species list, for which no tolerance is allowed).
- Each State has a list of “Prohibited noxious weed seed,” for which the tolerance of number of weed seeds is zero.
- And each State has a list of “Restricted noxious weed seed,” for which a certain tolerance of weed seed is permitted. Some States list the tolerances as a percentage by weight. Other States list the maximum number of weed seeds, per pound (or per specific number of grams) of commercial seed, that are allowed.
- Some States also have a maximum percentage by weight of all weed seeds combined. That percentage ranges from 0.5% to 2.5%.
- Some States also have a maximum number of noxious species, or a maximum number of total weed seeds allowed.
- A few States use three categories of noxious weed seed species: Nebraska & Wyoming.
- Some States apply their regulations to only agricultural seed. Others apply it to both agricultural and vegetable seed.
Dr. Robert Price, Senior Seed Botanist/Specialist for the California Department of Food & Agriculture, added this commentary in September 2020, “Vegetable seeds offered for sale and agricultural seeds offered for sale currently have very different labeling requirements under the Federal Seed Act and there is no requirement to list noxious weed seeds occurring in the given seed lot of vegetable seed on the label of seeds sold in the United States. This may get changed in the update of the Federal Seed Act that is now under consideration. Seeds of Federal noxious weeds are prohibited from interstate commerce of any seed lot, and seeds that are listed as prohibited noxious weed seeds by the state receiving the shipment are likewise completely prohibited from shipment into that state.”
Next Sections on Federal & State Laws on Invasive Species:
- 1940s-1960s Federal Laws on Invasive Species
- 1970s Federal Laws on Invasive Species
- 1980s Federal Laws on Invasive Species
- 1990s Federal Laws on Invasive Species
- 2000-2010 Federal Laws on Invasive Species
- 2011-2022 Federal Laws on Invasive Species
- Federal Bills on Invasive Species not passed
- Executive Orders on Invasive Species
- Federal Excise Taxes
- State Laws and Lists of Noxious Weeds