Issue #2                                                       December 12, 2023

Seed Sower

Welcome to Seed Sower: News from the Seed Liaison, a bulletin of USDA’s Agricultural Marketing Service (AMS). USDA’s Seed Liaison initiative provides a point of contact within the USDA to help those who work with seeds navigate a complex system. The initiative aims to enhance transparency in the seed marketplace; amplify the voices of growers, plant breeders, and others in the seed system; and promote broader access to seeds for research and plant breeding.

In these emails, readers will find updates on seed-related actions and opportunities for public engagement, including upcoming events, regulatory changes, and interagency efforts that support a competitive and resilient seed system for American growers and the industries they serve.

If you have missed an issue of Seed Sower, you can view past issues on our webpage.

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New Seed Liaison Resources                                                                             

The Seed Liaison continues to develop resources to increase transparency surrounding intellectual property and seed-related innovation. In October 2023, the Seed Liaison webpage added a web book on reading patent applications related to seed. The book was developed in collaboration with the Patent and Trademark Resource Center at the University of Wisconsin - Madison. View the new web book.

Pending Patents Published in October, November, and December

Every Thursday, the U.S. Patent and Trademark Office publishes new pending patents to its online Patent Public Search tool. Published patent applications help the public learn about the state of the art in particular industries. The public is also invited to file third party preissuance submissions of prior art to pending applications for examiners to consider when reviewing new patent claims. View archive of past pending patent newsletters. Sign up to receive a weekly email with pending patents related to seed.

Notice to Trade on Seed Variety Labeling

On November 8, 2023, AMS sent a letter to seed companies (PDF, 229 KB) reiterating their obligation to comply with the Federal Seed Act’s varietal labeling requirements for agricultural and vegetable seed shipped in interstate commerce. The letter is a follow-up to a notice to the industry published March 6. AMS is holding seed companies accountable to the best interests of farmers by requesting they examine how they are complying with the Federal Seed Act in providing seed variety transparency to farmers at the point of sale, disclosing the variety information to growers usually at the time of purchase and no later than the commencement of shipment. To submit a complaint regarding misleading seed labels and advertisements under Title II of the Federal Seed Act, send an email to seedcomplaints@usda.gov. 

Help USDA Advance Competition in the Specialty Crop Sector

USDA is working to increase the competitiveness of specialty crop growers and their products through a new effort that includes a department-wide review of current services and programs. The Specialty Crops Resource Directory (PDF, 1.6 MB) contains a comprehensive snapshot of USDA’s resources and services to help specialty crop producers advance their businesses. USDA is also encouraging U.S. specialty crop stakeholders to submit comments on how it can better support and meet the needs of the industry. Comments are due by March 8, 2024.

USDA Introduces Multi-Year Plan to Support Public Seed Collections

USDA-ARS recently published a comprehensive strategy for strengthening the U.S. germplasm system, titled: National Strategic Germplasm and Cultivar Collection Assessment and Utilization Plan. As directed by Congress in the 2018 Farm Bill, the plan provides an overview of the National Plant Germplasm System and identifies operational backlogs, inadequate germplasm management capacities, and other crucial needs that threaten the availability of germplasm for crop improvement. The 10-year plan includes strategies to address these challenges and was guided by the USDA’s National Genetic Resources Advisory Council.

PVPO Advisory Committee Accepting Nominations

USDA’s Plant Variety Protection Office is seeking candidates to serve on the Plant Variety Protection Board. This board serves as an advisory committee to: (1) advise the Secretary concerning the adoption of rules and regulations to facilitate the proper administration of the Plant Variety Protection Act; (2) make advisory decisions for the Secretary on appeals concerning decisions on applications by the PVPO and on requests for emergency public-interest compulsory licenses; and (3) advise the Secretary on any other matters under the rules and regulations. If you are interested, please complete the Advisory Committee Background Information Form and return it as an attachment to pvpomail@usda.gov by January 15, 2024.

USDA Seeks a Chief Competition Officer

USDA has created a new, senior-level career position at the Agricultural Marketing Service to support its multiple efforts to address the many complex competition challenges in the agricultural sector. Located in the AMS Administrator’s Office, the new AMS Chief Competition Officer will formalize and enhance implementation of key competition policy priorities at AMS and support efforts across the Department, including Packers & Stockyards Act enforcement, seed transparency and competition, and partnerships with State Attorneys General. Read the announcement.

Proposed Exemptions of Genetically Engineered Organisms

USDA-APHIS is accepting public comments on a proposal to exempt five new types of crop improvement methods from regulatory oversight. APHIS oversees regulations for certain organisms developed using genetic engineering techniques, including plants, and coordinates these responsibilities with other designated federal agencies as part of the Federal Coordinated Framework for the Regulation of Biotechnology. Comments are due by December 15, 2023.

UPOV Council Adopts New Explanatory Note on Essentially Derived Varieties

On October 27, 2023, the International Union for the Protection of New Varieties of Plants (UPOV) finalized an explanatory note on Essentially Derived Varieties (EDVs). The purpose of the note is to provide guidance on the interpretation of the EDV principle in policies pertaining to the protection of plant varieties.