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Seed Regulatory and Testing
The primary purpose of the Louisiana Seed Law is to protect seedsmen, farmers and individuals from purchasing poor quality or mislabeled seed. The law and regulations set requirements and standards for the sale of seed for planting purposes. Statewide enforcement is accomplished, whereby inspectors of the Louisiana Department of Agriculture & Forestry (LDAF) pull random samples of seed being offered for sale. These samples are sent to the State Seed Testing Laboratory for analysis.
Enforcement action for the mislabeling of seed or seed lots that are out of tolerance for germination percentages or purity content will require a STOP-SALE ORDER issued by the Louisiana Seed Program.
The State Seed Testing Laboratory performs tests on three types of seed samples.
- Regulatory or “Official” Samples. Samples taken by LDAF inspectors from unopened, labeled lots of seed being offered for sale. Tests for both purity content and germination percentages are performed.
- Certified Samples. Samples taken from seed lots that have passed seed certification field inspection standards, specific for the crop kind and variety. These samples are also taken by LDAF inspectors.
- Service Samples. Samples sent in by seedsmen, farmers and individuals requesting a seed test. These samples are not required to be taken by LDAF inspectors. Test results from these samples may be used to provide information for official labeling of seed. Requests can be made for a variety of seed tests including, but not limited to a complete analysis (purity and germination), germination only, purity only, vigor test, red rice exam and tetrazolium test. For more information see the list of services and fees for the available tests.
State Testing Seed Laboratory
Seed Regulations, Violations and PenaltiesAdjudicatory Hearing for Penalties
Whenever the chairman of the Seed Commission has reason to believe that there has been a violation of the Seed Law or any of these rules and regulations, he shall notify the person believed to have committed the violation, the notice to be in accordance with the requirements of the Administrative Procedure Act. No penalty shall be imposed on any individual, firm, corporation or other legal entity regulated under the Seed Law until such time as an adjudicatory hearing is conducted, such hearing to be conducted in accordance with the requirements of the Administrative Procedure Act. Whenever the Seed Commission determines that a violation has occurred, the Seed Commission may impose any of the following penalties: Withdraw from the offender the right to have seed certified under these procedures; Destroy any seed which is not in compliance with the requirements of the Seed Law or the requirements of these regulations; or Impose a penalty not to exceed $500 for each offense.Seed Inspection Fees
In addition to the requirements of the Act, any person who sells, distributes, or offers or handles for sale agricultural seed within this state for planting purposes shall pay an inspection fee thereon in accordance with the following:
- All seed dealers shall pay an inspection fee of $.25 for each 100 pounds of agricultural seed sold, offered for sale, exposed for sale, or otherwise distributed for sale for planting purposes within this state. The inspection fee shall be due on the total pounds of first point of sales distributions in Louisiana by the seller of the seed. Exception: The payment of an inspection fee is not required for a person who offers for sale, sells, or distributes Louisiana certified tagged seed upon which inspection fees have already been paid.
- Records must be kept by the seed dealer showing the total pounds of each lot identified as to the kind and variety (when applicable). In addition, for auditing purposes, records must be kept by the seed dealer showing the invoice number for each distribution of seed, identified with the name of the kind and variety (when applicable), the lot number, pounds of seed, and number of containers of seed, and the person, to whom the seed was distributed.
- Each seed dealer shall file with the department a quarterly report (supplied by the department) covering the following periods: 1st quarter July, August, September; 2nd quarter October, November, December; 3rd quarter January, February, March; 4th quarter April, May, June. Reports and fees shall be filed with the department no later than 30 days following the end of each quarter. The department may assess a 10 percent additional charge for late reports. If a seed dealer has no sales during the quarterly reporting period the department must be notified accordingly.
- Tropical Soda Apple (Solanum viarum) Prohibited
- Field Bindweed (Convulvulus arvensis) Prohibited
- Hedge Bindweed (Convulvulus sepium) Prohibited
- Nutgrass (Cyperus esculentus, C. rotundus) Prohibited
- Itchgrass (Rottboellia exaltata, L. R. cochinchinersis) Prohibited
- Balloon Vine (Cardiospermum halicacabum) Prohibited
- Cocklebur (Xanthium spp.) 5 per lb.
- Spearhead (Rhynchospora spp.) 5 per lb.
- Purple Moonflower (Ipomoea turbinata) 9 per lb.
- Red Rice (Oryza sativa var.) 9 per lb.
- Wild Onion and/or Wild Garlic (Allium spp.) 9 per lb.
- Canada Thistle (Cirsium arvense) 100 per lb.
- Dodder (Cuscuta spp.) 100 per lb.
- Johnsongrass (Sorghum halepense) 100 per lb.
- Quackgrass (Agropyron repens) 100 per lb.
- Russian Knapweed (Centaurea repens) 100 per lb.
- Blueweed, Texas (Helianthus ciliaris) 200 per lb.
- Grass, Bermuda (Cynodon dactylon) 300 per lb.
- Bracted Plantain (Plantago aristata) 300 per lb.
- Buckhorn Plantain (Plantago lanceolata) 300 per lb.
- Cheat (Bromus secalinus) 300 per lb.
- Hairy Chess (Bromus commutatus) 300 per lb.
- Corncockle (Agrostemma githago) 300 per lb.
- Darnel (Lolium temulentum) 300 per lb.
- Dock (Rumex spp.) 300 per lb.
- Horsenettle (Solanum carolinense) 300 per lb.
- Purple Nightshade (Solanum elaeagnifollum) 300 per lb.
- Sheep Sorrel (Rumex acetosella) 300 per lb.
- Morning Glory (Ipomoea spp.) 18 per lb.
- Wild Poinsettia (Euphorbia heterophylla, E. dentata) 18 per lb.
- Wild Mustard and Wild Turnips (Brassica spp.) 300 per lb.
- Hemp Sesbania, Coffeebean, Tall Indigo (Sesbania exaltata) 300 per lb.
- Curly Indigo (Aeschynomene virginica) 300 per lb.
- Mexican Weed (Caperonia castaneaefolia) 300 per lb.
Sum of total noxious weed (Subject to limitations above) 500 per lb.
Limitations on noxious and prohibited weeds are listed on individual certified crop seed regulations. Noxious weed seed tolerance of one for regulatory action on certified seed being offered for sale in Louisiana for those noxious weed seed which are prohibited by the Louisiana Certified Seed Regulations for the specific seed kind in question.