Seed merchants: seed labeling license

tnpeppers · February 20, 2014

I have a question for all the tomato seed vendors here at Tomatoville: are you REQUIRED to have a 'seed labeling license' (or something similar) to market your seed through your individual websites or any electronic bulletin board service? I order seed from a number of vendors here at T'Ville, and are always happy with the results. Packaging varies from vendor to vendor...some seeds I receive with in a 2 x 3 white envelope with the variety hand-written in ink on the envelope; others in coin envelopes with more detail printed on the label, still others in 2 x 3 self-seal packets with limited information, such as quantity and variety.

In my home of Tennessee, hobby/small gardeners are EXEMPT from the state's seed labeling laws as long as the seed is being marketed in packaging LESS than one pound. I don't believe there are many vendors here at T'Ville selling seed in those quantities in ONE package.

Here in New Hampshire, there is a bill in the Environment and Agriculture Committee to EXEMPT hobby/small gardeners from the heavy-handed regulations imposed on them by the State's 'seed labeling' provisions. Unfortunately, most seed savers/potential vendors weren't even aware that such a bill (HB1300) was in the hopper, and the State Ag employees showed up to sway the members of the committee to leave things as they are...their 'argument' was that gardeners were at risk of losing their ENTIRE gardens if the seeds failed to germinate. That argument swayed some members of the committee. Who uses ONE 'hobby gardener' vendor for their ENTIRE garden? If the seeds did NOT germinate, you would still have PLENTY of time to replace them. If you purchased seed from a vendor and the seed did NOT germinate, you aren't very likely to purchase seed from said vendor again...even worse, you'll probably tell ALL your friends. We know how quickly the word spreads on 'social media' nowadays.

We aren't even sure this bill will get out of committee today (10 Democrats, 9 Republicans...the author is Republican, the sponsor is Republican.) If not, it is dead until next year.

So I'm curious...do the vendors here deal with such licenses, and what is YOUR state's criteria?

Wi-sunflower · February 20, 2014

The truth is I don't know for sure what the law is here in Wi. To the best of my knowledge there is nothing that my small company would fall under. There is a federal law having to do with germination tests and minimum rates, but I don't know how it's enforced or who falls under it.

As you stated, word of moth is the best "law". We all know of threads here about sellers that most of us avoid for 1 reason or another.

My story --

I started selling seeds on eBay and my own small site around 1997 or 98. Mostly at that time I was just re-selling chile seeds that I purchased in larger quantities for my own farm so I would get a better price for myself. I started saving seed from varieties that were very hard if not impossible to find commercially. Eventually most of my pepper seed was my own.

I gradually got into re-selling tomato seed too. When some varieties started disappearing from the catalogs, I figured out how to save tomato seed too.

I had an inkling of the economy collapse about a year before it happened (06 or 07) due to hubby's job situation so switched my main focus from peppers to tomatoes. Then I found Tomatoville and things snowballed for me.

Personally because I use my seeds for my own farm and plant sales, I try to keep good seeds as much as possible. Some times tho we just can't get good seeds for some varieties. If they are at least 50% germ tho, I do offer them for sale BUT I mention that fact and give a bigger pack to make up for that lower germ.

On my web site I do have the seeds / pack sizes listed and mark the packs with the size tho not the minimum seed count. I sell my packs by weight rather than count and I have a very accurate small digital gram scale. But most of the time, unless I'm short of a variety, I give good weight to all the packs. Often close if not double weight.

Carol

tnpeppers · February 20, 2014

I was told by a State Legislator that you could 'probably get away with it' (selling vegetable seeds) in New Hampshire, as long as you didn't put a big blinking sign out by the interstate advertising tomato seeds (or any other vegetable). HOWEVER, if the state wanted to make an example of someone, you could be looking at a $5000.00 fine.

Of course, it is perfectly okay for the state to own and operate liquor stores at key Rest Areas on the interstates.

tnpeppers · February 21, 2014

LOL...I was informed by a legislator last night that our bill to exempt hobby/small gardeners from NH's 'seed labeling law'...it passed out of the Ag committee UNANIMOUSLY on a 14-0 vote...guess chewing ears of legislators the night before a bill is voted on DOES work...well, sometimes.

February 20, 2014	#1
tnpeppers Tomatovillian™ Join Date: Dec 2009 Location: Zone 6 Posts: 365	Seed merchants: seed labeling license I have a question for all the tomato seed vendors here at Tomatoville: are you REQUIRED to have a 'seed labeling license' (or something similar) to market your seed through your individual websites or any electronic bulletin board service? I order seed from a number of vendors here at T'Ville, and are always happy with the results. Packaging varies from vendor to vendor...some seeds I receive with in a 2 x 3 white envelope with the variety hand-written in ink on the envelope; others in coin envelopes with more detail printed on the label, still others in 2 x 3 self-seal packets with limited information, such as quantity and variety. In my home of Tennessee, hobby/small gardeners are EXEMPT from the state's seed labeling laws as long as the seed is being marketed in packaging LESS than one pound. I don't believe there are many vendors here at T'Ville selling seed in those quantities in ONE package. Here in New Hampshire, there is a bill in the Environment and Agriculture Committee to EXEMPT hobby/small gardeners from the heavy-handed regulations imposed on them by the State's 'seed labeling' provisions. Unfortunately, most seed savers/potential vendors weren't even aware that such a bill (HB1300) was in the hopper, and the State Ag employees showed up to sway the members of the committee to leave things as they are...their 'argument' was that gardeners were at risk of losing their ENTIRE gardens if the seeds failed to germinate. That argument swayed some members of the committee. Who uses ONE 'hobby gardener' vendor for their ENTIRE garden? If the seeds did NOT germinate, you would still have PLENTY of time to replace them. If you purchased seed from a vendor and the seed did NOT germinate, you aren't very likely to purchase seed from said vendor again...even worse, you'll probably tell ALL your friends. We know how quickly the word spreads on 'social media' nowadays. We aren't even sure this bill will get out of committee today (10 Democrats, 9 Republicans...the author is Republican, the sponsor is Republican.) If not, it is dead until next year. So I'm curious...do the vendors here deal with such licenses, and what is YOUR state's criteria?

February 20, 2014	#2
Wi-sunflower Tomatovillian™ Join Date: Nov 2008 Location: Wisconsin Posts: 2,591	The truth is I don't know for sure what the law is here in Wi. To the best of my knowledge there is nothing that my small company would fall under. There is a federal law having to do with germination tests and minimum rates, but I don't know how it's enforced or who falls under it. As you stated, word of moth is the best "law". We all know of threads here about sellers that most of us avoid for 1 reason or another. My story -- I started selling seeds on eBay and my own small site around 1997 or 98. Mostly at that time I was just re-selling chile seeds that I purchased in larger quantities for my own farm so I would get a better price for myself. I started saving seed from varieties that were very hard if not impossible to find commercially. Eventually most of my pepper seed was my own. I gradually got into re-selling tomato seed too. When some varieties started disappearing from the catalogs, I figured out how to save tomato seed too. I had an inkling of the economy collapse about a year before it happened (06 or 07) due to hubby's job situation so switched my main focus from peppers to tomatoes. Then I found Tomatoville and things snowballed for me. Personally because I use my seeds for my own farm and plant sales, I try to keep good seeds as much as possible. Some times tho we just can't get good seeds for some varieties. If they are at least 50% germ tho, I do offer them for sale BUT I mention that fact and give a bigger pack to make up for that lower germ. On my web site I do have the seeds / pack sizes listed and mark the packs with the size tho not the minimum seed count. I sell my packs by weight rather than count and I have a very accurate small digital gram scale. But most of the time, unless I'm short of a variety, I give good weight to all the packs. Often close if not double weight. Carol

February 21, 2014	#4
tnpeppers Tomatovillian™ Join Date: Dec 2009 Location: Zone 6 Posts: 365	LOL...I was informed by a legislator last night that our bill to exempt hobby/small gardeners from NH's 'seed labeling law'...it passed out of the Ag committee UNANIMOUSLY on a 14-0 vote...guess chewing ears of legislators the night before a bill is voted on DOES work...well, sometimes.