| Seed Control Official: | ||
| Laura Pottorff, Supervisor Division of Plant Industry Colorado Department of Agriculture 700 Kipling Street, Suite 4000 Lakewood, Colorado 80215-5894 Phone: 303-239-4153 Fax: 303-239-4177 E-mail: laura.pottorff@ag.state.co.us |
John Stulp, Commissioner Colorado Department of Agriculture 700 Kipling Street, Suite 4000 Lakewood, Colorado 80215-8000 Phone: 303-239-4100 Fax: 303-239-4125 |
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| Ethan Waltermire Manager: Colorado Seed Laboratory Department of Soil & Crop Sciences Ft. Collins, CO 80523-1170 Phone: 970-491-6406 Fax: 970-491-1173 |
Brad Erker, Seed Certification Manager Colorado Seed Growers Association Department of Soil & Crop Sciences Colorado State University C143 Plant Sciences Building Fort Collins, CO 80523C-3A Phone: 970-491-6202 Fax: 970-491-1173 |
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REFERENCE LINKS for Colorado:
www.ag.state.co.us/DPI/rules/seed.pdf
The following responses are provided by the Colorado Department of Agriculture in regard to general questions about the Colorado State Seed Law.
VARIETY LABELING
Does your state seed law require "mandatory" variety labeling for agricultural crop kinds?
Answer = NO
If no, does your law allow for "variety not stated" labeling?
Answer = YES
Does your law allow for "variety unknown" labeling?
Answer = NO, The term never appears in the law, but as stated below, additional information is allowed as long the required info is there, in this case they would be required to say "VNS". But if they want to also say "Variety not known" that would be okay as well, albeit confusing.
If the variety name is not declared on the label, does your law allow labeling by "crop kind" only?
Answer = NO, The law states that if the variety is not given on the label then the words "variety not stated" shall appear on the label.
Do you allow the use of the abbreviated term "VNS" to be used in place of the phrase "variety not stated"?
Answer = YES
PRE-EMPTION LEGISLATION
Does your state have "pre-emption" legislation to restrict local political subdivisions from regulating seed?
Answer = NO
BRAND LABELING
Does your law allow for "brand name" labeling?
Answer = YES, the law allows any "additional info" the labeler wants to put on the label including brand names. The law doesn't prohibit it so I feel it is alright as long as the required information is there.
PERMIT / LICENSING REQUIREMENTS
Does your state law have a permit /license requirement for seedsmen to distribute seeds in your state?
Answer = YES, Labelers and conditioners pay $200 annually, farmer seed labelers pay $75 (sell only seed they produce) and dealers pay $25 annually. If farmer seed labelers don't advertise and don't use common carriers they are not required to register (e.g. brown baggers).
TEST DATE
What is the "TEST DATE" requirement for agricultural and vegetable seeds in your state?
Answer = Tested within the previous thirteen months. If the day of the test is not given, then the following month of the following year the seed is in violation. For instance, "09/02" seed would be out of date on October 1, 2003.
ARBITRATION
Does your state offer "Seed Arbitration" as a part of your seed law, or as a separate law?
Answer = YES
If yes, is it mandatory?
Answer = YES, To pursue legal action a buyer must go through arbitration first, if the arbitration notice is included. It is not binding arbitration however if not agreed to by the buyer.
Do you allow the use of the arbitration label notice as referenced in RUSSL?
Answer = NO
If no, what is the required language of your label notice?
Answer = Notice of required arbitration: Under the Colorado Seed Act, arbitration is required as a prerequisite to certain legal actions, counterclaims, or defenses against a seller of seed. Information about this requirement may be obtained from the Colo. Commissioner.
Does your arbitration law have any unique or special requirements?
Answer = NO
GMO REGULATIONS
Does your state law have any specific language regulating "GMO’s"?
Answer = NO
Does your state test for specific GMO varietal traits on official samples?
Answer = NO
RELATIONSHIP TO RUSSL
Does your state seed law model RUSSL?
Answer = YES, modeled after RUSSL, somewhat
UNIQUE (MISCELLANEOUS) REQUIREMENTS
Does your state seed law have any "unique" or special requirements and/or prohibitions?
Answer = NO
The USDA Federal Seed Regulatory Testing Division has announced that Dr. Richard Payne will be retiring at the end of 2011. He has served the Federal Government for more than 36 years and has been a tremendously valuable resource for virtually every state seed control official.
USDA Director
Fed.l Seed Reg. Testing Division
MORE INFORMATION
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Larry Nees, Secretary
Telephone: 765-494-1557
E-mail: neesl@purdue.edu
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E-mail: walshm@purdue.edu