Federal Seed Act — Seed Labeling & Interstate Commerce Requirements

Every seed packet sold across state lines — from a farmer's bulk alfalfa purchase to a gardener's vegetable seed envelope — must carry federally mandated label information telling the buyer what is actually in the container. The Federal Seed Act of 1939 (7 U.S.C. §§ 1551–1611) requires truthful labeling of agricultural and vegetable seeds shipped in interstate commerce, and USDA's Agricultural Marketing Service implements those requirements through 7 CFR Part 201 — Federal Seed Act Requirements (111 sections, implementing 7 U.S.C. § 1592). The core obligation is simple: sellers must disclose the seed's kind and variety, its germination rate tested within the past five months, the percentage of weed seeds present (including any noxious-weed species), and the seller's name and address. The rule also governs sampling protocols for enforcement inspections and establishes the analytical methods labs must use to test purity, germination, and weed seed content.

Legal Authority

• 7 U.S.C. §§ 1551–1611 — Federal Seed Act of 1939: prohibits false labeling or adulteration of agricultural and vegetable seeds sold in interstate commerce; requires sellers to disclose seed kind and variety, germination rate, weed seed content, and origin; authorizes USDA inspection and sampling
• 7 U.S.C. § 1592 — Labeling requirements for agricultural seeds: the specific statutory mandate for label content that 7 CFR Part 201 implements, requiring disclosure of pure seed percentage, other crop seed, weed seed content (including noxious weeds), germination percentage, and date of germination test
• 7 CFR Part 201 — USDA AMS regulations implementing the Federal Seed Act: 111 sections covering required label content for agricultural and vegetable seeds, germination standards by species, sampling protocols, analytical methods, and exemptions for small-packet consumer seed sales

Key Mechanics

The Federal Seed Act applies to all agricultural and vegetable seeds shipped across state lines, whether in bulk or retail packaging. Every covered seed container must carry a label disclosing the seed's kind and variety (or "Variety Not Stated"), lot number, and germination test results — including the percentage of pure seed, other crop seed, weed seeds (and any noxious weed species by name), and inert matter. Germination test results must be from a test conducted within the past five calendar months; older tests are invalid for labeling purposes. For vegetable seeds in packets of 1 pound or less, the germination rate requirement is waived if the seed meets the minimum germination standard for that species listed in Part 201 (standards range from 40% for parsnip to 80% for muskmelon). Treated seeds must be clearly labeled in at least 8-point type identifying the treatment. USDA AMS enforces the Act through sampling inspections at seed facilities and in commerce; state seed officials enforce parallel state seed laws under cooperative agreements with AMS, creating a dual enforcement system.

Current Rule (2026)

What This Rule Does

Part 201 establishes the label content that seed shippers must include on every container of agricultural or vegetable seed offered for sale or transport across state lines. The rule distinguishes between two main categories — agricultural seeds (field crops: alfalfa, barley, corn, cotton, soybeans, grasses, clovers) and vegetable seeds (garden crops: beans, carrots, lettuce, tomatoes, and 40+ other vegetable kinds with their own minimum germination standards). The labeling obligations are parallel but not identical for the two categories.

For agricultural seed, each container must disclose: the official kind and variety name (or "Variety Not Stated" when variety is unknown); whether the seed is a hybrid (required when any hybrid component exceeds 5% of the mix); the lot number; for alfalfa, red clover, white clover, and field corn, the state or country of origin; the percentage of pure seed, other crop seed, weed seeds, and inert matter (with weed seeds broken out by state-defined species); the germination percentage and date of the most recent germination test (germination cannot be more than 5 calendar months old at time of shipment); and the full name and address of the shipper (or an AMS-approved code). Seed shipped as a mixture must list each component kind in descending order of predominance and label the package as a mixture.

For vegetable seed in packets of 1 pound or less, the disclosure requirements are simplified: the seed kind and variety must appear on the label, but germination percentage and test date are not required on small consumer packets if the seed meets the Part 201.31 minimum germination standard (which ranges from 40% for parsnip to 80% for asparagus, muskmelon, onion, and others). Containers exceeding 1 pound must carry the full germination percentage, test date, and lot number. Treated seed — seed coated with fungicide, insecticide, or other protective substance — must be clearly labeled as treated in at least 8-point type, identifying the treatment substance.

The rule also establishes sampling protocols for enforcement inspections and commercial transactions. Federal and state officials authorized under the Act may draw representative samples from any seed lot — bulk quantities require sampling from at least seven locations evenly distributed through the pile; bag lots require sampling every bag in lots of 6 or fewer, or at least 10% of bags plus 5 in larger lots. Minimum sample sizes vary by seed size, from 2 ounces for small grass seeds up to 2 pounds for large-seeded crops. Samples must be submitted in sealed, AMS-labeled containers.

The laboratory analysis sections (§§ 201.45–201.52) define how purity testing works: the working sample is separated into four fractions — pure seed (the labeled kind/variety), other crop seeds, weed seeds, and inert matter — each weighed to four significant figures. A seed counts as "pure seed" if it makes up more than 5% of the sample by weight, or if it is explicitly listed on the label as part of a declared mixture. Noxious-weed seeds are identified by species and counted by the number per pound rather than percentage, following each state's own noxious weed list.

Key Provisions

• § 201.1 — Words read in singular or plural interchangeably
• § 201.2 — Definitions: terms track Federal Seed Act § 101 (7 U.S.C. § 1551) unless otherwise stated
• § 201.4 — Recordkeeping: shippers must retain complete records and a sample from each seed lot for 3 years; sample may be discarded 1 year after the lot is fully disposed of
• § 201.10 — Variety labeling: seeds of alfalfa, barley, beans, corn, cotton, soybeans, and other named kinds must display the variety name or "Variety Not Stated"
• § 201.11a — Hybrid designation: label must say "hybrid" when any hybrid component exceeds 5% of the pure seed
• § 201.12 — Kind and variety name must use the official name only; no misleading additions
• § 201.14 — Origin disclosure required for alfalfa, red clover, white clover, and field corn (not hybrid corn)
• § 201.15 — Weed seeds: must be counted according to the receiving state's definition of weeds
• § 201.16 — Noxious-weed seeds: must be listed by species name and count (number per pound) for the applicable state's list
• § 201.20 — Germination percentage required for each kind making up more than 5% of the lot
• § 201.22 — Germination test date: no more than 5 calendar months before date of shipment; hermetically sealed containers have an extended window if packed within 9 months of harvest and the seal meets moisture vapor transmission limits (§ 201.36c)
• § 201.23 — Seller information: full name and address (or AMS-approved code) required on interstate shipments
• § 201.24 — Code designation: shipper may use AMS-approved abbreviated code in place of name/address
• § 201.24a — Inoculated seed: must state the month/year after which the inoculant is not claimed effective
• § 201.29 — Vegetable seed in packets of ≤1 lb: germination percentage not required if the seed meets the Part 201.31 minimum standard
• § 201.31 — Minimum germination standards for vegetable seeds: 40 required germination percentages covering all common vegetable crops (lettuce 80%, tomato 75%, spinach 60%, parsnip 40%)
• § 201.31a — Treated seed labeling: must be conspicuous, at least 8-point type, name the treatment substance
• § 201.33 — Bulk and large-lot exemption: seeds shipped in bulk or in containers totaling 20,000+ lbs may carry required information on the accompanying invoice rather than on each container
• § 201.36a — Disclaimers prohibited: labels cannot include disclaimers or nonwarranties that deny or limit the required information
• § 201.37 — Sampling authority: federal and state officials may inspect facilities, draw samples, and examine records
• § 201.43 — Minimum sample size: 2 oz for small grass seeds; up to 2 lbs for large-seeded crops (peas, beans, corn)

How It Affects You

If you sell or ship seeds commercially: Any seed lot moving across state lines must meet Part 201 label requirements before shipment. The 5-month germination test window is the most common compliance point — seed sitting in a warehouse must be retested if the test date lapses. Bulk seed (20,000+ lbs) shipped to processing facilities may use invoice labeling rather than container labels, but records must still be retained for 3 years. Treated seed must be clearly identified; AMS and state inspectors can sample and detain noncompliant shipments.

If you are a farmer buying seed: The Part 201 label tells you what you're getting: the variety name (or "Variety Not Stated" if the seller doesn't know), the germination rate from a test done within the last 5 months, and whether any weed seeds are present. "Variety Not Stated" is a red flag if you are paying a variety premium. The germination percentage tells you how much of the seed you're paying for will actually grow — a 75% germination rate on a high-cost vegetable seed means 25% of what you paid for won't sprout. Check the test date: seed close to the 5-month limit has a lower probability of accurate germination rates if storage conditions were not ideal.

If you operate a seed lab or do plant breeding: AMS-approved testing protocols (§§ 201.45–201.52) define how purity and germination tests must be conducted for regulatory compliance. Working samples must be drawn using the sequential halving method (repeatedly dividing the sample until the target size is reached) to ensure representativeness. Purity is evaluated by weight (not count), with each fraction weighed to four significant figures. The noxious-weed seed count is expressed per pound, not as a percentage, so the receiving state's noxious weed list controls what counts.

If you are a state seed regulator: The Federal Seed Act preempts state requirements that conflict with its interstate commerce labeling rules for seed moving across state lines, but states retain authority over intrastate seed sales and may enforce their own (more stringent) noxious weed lists. AMS coordinates with state seed agencies on sampling, lab testing, and enforcement under cooperative arrangements. The state's noxious weed list controls which weed species must be disclosed on seed shipped into that state — a seed compliant in the origin state may require additional disclosure for the destination state.

Statutory Authority

This rule implements:

• 7 U.S.C. § 1551 — Federal Seed Act definitions
• 7 U.S.C. § 1592 — Labeling requirements for agricultural and vegetable seeds in interstate commerce

Recent Rulemakings

• 85 FR 40580 (July 2020) — AMS updated the minimum germination standards for vegetable seeds (§ 201.31), revised testing protocols, and updated the definition of "kind" to align with current plant taxonomy and seed trade practices; the 2020 rulemaking was the most comprehensive update to the seed testing and labeling rules in decades
• 76 FR 31794 (June 2011) — Prior update to sampling and testing requirements, aligning the Part 201 methods with the Association of Official Seed Analysts (AOSA) Rules for Testing Seeds, which the international and state seed testing community uses as its reference standard

Pending Action