State

The following are among ASTA’s legislative priorities at the state level:

• Noxious Weesd
• Seed Treatment
• Biostimulants
• Hemp
• Regulatory Funding
• Consistency of State Laws and Regulations

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Noxious Weeds

An ASTA Working Group was established to address the rapid expansion of noxious weed listings at the state level. Working Group objectives are to create metrics for economic impact of new weed seed requirements. Develop a comparison of state noxious weed seed laws and encourage seed industry participation in state noxious weed rule-making.

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Seed Treatment

ASTA is leading proactive engagement at the state level to protect the treated article exemption in coordination with CLA.

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Biostimulants

ASTA is a part of a national coalition on biostimulants being coordinated by the Biostimulant Coalition (BSC) and Bioproducts Industry Association (BPIA). ASTA’s priority is to improve the efficiency of state regulations for biostimulant seed treatments to enable the interstate movement of treated seed.

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Hemp

The 2018 Farm Bill changed federal policy regarding hemp, including the removal of hemp from the Controlled Substances Act and the consideration of hemp as an agricultural product. The interim final rule governs the production of hemp under the 2018 Farm Bill and is set to take effect on November 1. The interim final rule does not affect hemp that was or is being cultivated under the 2014 Farm Bill programs. As a result of these actions, hemp is currently being produced across the entire United States.

ASTA Hemp Seed Policy (adopted September 23, 2020)

With these considerations, the American Seed Trade Association supports the following positions regarding state and federal hemp regulations:

1. The American Seed Trade Association (ASTA) supports the production, processing, and commercialization of hemp.
2. ASTA recognizes the federal definition of the term “hemp”: the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than the federally accepted limits.
3. Qualified hemp breeders should be allowed broader latitude in allowable tetrahydrocannabinol levels in research and development, provided the plants a=or plant parts are not commercially distributed.
4. Seed supply sourcing should only include free market accessibility from commercial production.
5. The Association of Official Seed Certifying Agencies standards for production of hemp seed should be used as a basis for Certification of seed to ensure varietal purity.
6. The U.S. Food & Drug Administration is encouraged to expeditiously take steps to improve the efficiency of regulatory pathways for the lawful marketing of appropriate hemp and hemp-derived products while ensuring the protection of public health.
7. Co-existence in production among hemp crops, as with all seed crops sensitive during production, should be accomplished through sensible, local and regional, farm level practices such as separating crops by distance, time (season) or both, minimizing physical seed mixing, and respecting and communicating with neighbors. The fundamental components of coexistence remain to be communication and cooperation.
8. The U.S. Department of Agriculture (USDA) should continue to be the responsible federal regulatory agency overseeing hemp cultivation, in cooperation with state and tribal production plans.

Resources:

• How to Read a Label on a Bag of Hemp Seed
• Laws, Regs & Other Considerations when Buying Hemp Seed
• Best Management Practices for Hemp Seed Production

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Regulatory Funding

Adequate funding for state seed regulatory programs, and supporting labs, continues to erode. The seed industry as a whole is committed to delivering quality seed to agricultural growers and it strives to maintain complete integrity throughout the supply chain. The seed industry advocates adequate funding to ensure a comprehensive, proficient and technologically current state regulatory system, including the use of appropriate state seed licensing fees. Consistency of state laws and regulations.

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Consistency of State Laws and Regulations

Primary to ASTA’s state legislative agenda is to ensure that state regulations relating to the seed industry remain consistent between the states. This allows for smoother interstate trade, equalized competition, and elimination of unnecessary, duplicative and burdensome regulations.