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  • Jeff Claxton, Coordinator, Seed Quality
    Texas Department of Agriculture
    P.O. Box 629
    Giddings, TX 78942
    T: 979-542-3691
    E: jeffery.claxton@texasagriculture.gov

  • Sid Miller, Commissioner
    Texas Department of Agriculture
    P.O. Box 12847
    Austin, TX 78711
    T :512-463-4578
    F: 512-463-1104


The following responses are provided by the Texas Department of Agriculture in regard to general questions about the Texas State Seed Law.

RELATIONSHIP TO RUSSL:
- Does your state seed law model RUSSL?
Answer = YES, Most of what we have in the Texas Seed Law models RUSSL, but there are a number of items that are in RUSSL that are not in the Texas Seed Law.

PERMIT/LICENSING REQUIREMENTS:
- Does your state law have a permit/license requirement for seedsmen to distribute seeds in your state? If yes, please briefly describe your system and fees.
Answer = YES. A seedsmen/labeler must pay a tonnage fee of $0.45 per 100 pounds of seed sold. This fee can be paid by purchasing analysis labels from the Texas Department of Agriculture or by having a Texas Quarterly Reporting System Permit No., which requires a report and payment (payment only if seed was sold) be received every quarter, regardless of the amount of seed sold. To sell vegetable seed, a labeler must purchase a $350 vegetable seed license every year. No permits/license required to sell seed as a retailer.

ARBITRATION:
- Does your state offer "Seed Arbitration" as a part of your seed law, or as a separate law?
Answer = YES, but as a separate law.

- If yes, is it mandatory?
Answer = NO

- Do you allow the use of the "arbitration label notice" as referenced in RUSSL?
Answer = YES

- Does your arbitration law have any unique or special requirements?
Answer = NO

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

- How does your state handle seed coatings on your seed labels?
Answer = Seed coatings can be listed as part of inert matter as long as it is broken out somewhere on the label.

VARIETY LABELING:
- Does your state seed law require "mandatory" variety labeling for agricultural crop kinds?
Answer = NO

- Does your law allow for "variety not stated" labeling?
Answer = YES

- Does your law allow for "variety unknown" labeling?
Answer = YES

- Do you allow the use of the abbreviated term "VNS" to be used in place of the phrase "variety not stated"?
Answer = YES

- Does your state allow abbreviations on the seed label?
Answer = YES

- Does your state seed law allow labeling by "crop kind" only?
Answer = NO, The following kinds must be labeled by variety or show "variety not stated": alfalfa, bahiagrass, barley, field bean, field beet, pop corn, cotton, cowpea, crambe, tall fescue, flax, striate lespedeza, foxtail millet, pearl millet, oat, fieldpea, peanut, rice rye, safflower, sorghum, sorghum-sudangrass, soybean, sudangrass, sunflower, tobacco, birdsfoot trefoil, triticale, and wheat.

TEST DATE:
- What are your germination test date requirements for agricultural seeds?
Answer = 9 months

- What are your germination test date requirements for vegetable seeds?
Answer = 12 months for packets weighing less than one pound, otherwise 9 months

- What are your germination test date requirements for lawn & turf seeds?
Answer = 9 months

SELL BY/PACKED FOR:
- Does your state law include requirements for "Sell By"/"Packed For" labeling vegetables, flowers and turf grass? If yes, please briefly explain.
Answer = YES, Vegetable packets less than a pound may be sold by sell by/packed for dates. Sell by date is no longer than 12 months. Packed for year will cover a period of time beginning August 1 of the current year through September 30 of the following year.

OTHER SEED KINDS REGULATED:
Does your state regulate flower seeds?
Answer = NO

- Does your state regulate Native/Conservation/reclamation species?
Answer = YES

GMO REGULATIONS:
- Does your state law have any specific language regulating "GMOs"?
Answer = NO

- Does your state test for specific GMO varietal traits on official samples?
Answer = NO