FSA Settled Cases

FEDERAL SEED ACT CASES SETTLED

The Federal Seed Act (FSA) regulates the interstate shipment of agricultural and vegetable seeds. The FSA requires that seed shipped in interstate commerce be labeled with certain information necessary for the seed buyer to make an informed choice. The labeling information and any advertisements pertaining to the seed must be truthful. The FSA helps promote uniformity among the state seed laws and fair competition within the seed trade.

In the spring of 2024, the USDA AMS paused its FSA civil penalty assessments due to the Supreme Court case decision in Jarkesy v. SEC, to ensure compliance with Federal administrative law. As a result, no FSA cases were settled in the period between April 2024 through September 2024.  After a comprehensive compliance review of its processes, AMS resumed FSA enforcement procedures.  The pause, however, led to a backlog of cases that AMS is currently working into its regular caseload.  These additional cases are reflected in the 2025 Federal Seed Act Cases Settled release and will continue to be reflected in the 2026 release.  This is the reason that total settled cases and penalty amounts appear higher than usual - the increases are not an indication of decreased compliance in the seed industry.

The following cases were settled administratively under the FSA between October 1, 2024, and September 30, 2025. Under the administrative settlement procedure, the Seed Regulatory and Testing Division and the firms agreed to settle the cases, for the amount specified, with the firms neither admitting nor denying the charges.

Beacon Seed, LLC, Scio, Oregon, has paid $1,750 for a case involving one seed shipment to Maryland which was subsequently reshipped to Virginia. Seed regulatory officials in Virginia cooperated in the initial sampling and inspection. The alleged violations were:

  • False labeling of other crop seed;
  • False labeling as to variety name, and
  • Failure to label the interstate shippers name and address or code designation.

Central Farm and Garden, Wooster, Ohio, has paid $1,900 for a case involving two seed shipments. There was one seed shipment each to Kentucky and Michigan. Seed regulatory officials in Kentucky and Michigan cooperated in the initial sampling and inspections. The alleged violations were:

False labeling of pure seed, inert matter, and coating percentages.

Columbia Seeds, Albany, Oregon, has paid $1,400 for a case involving one seed shipment to Kentucky. Seed regulatory officials in Kentucky cooperated in the initial sampling and inspection. The alleged violation was:

False labeling of noxious-weed seeds rate of occurrence.

Deer Creek Seed, Inc., Ashland, Wisconsin, has paid $3,600 for a case involving two seed shipments. There was one seed shipment to Indiana. There was one seed shipment from Illinois to Missouri. Seed regulatory officials in Indiana and Missouri cooperated in the initial sampling and inspections. The alleged violations were:

  • Failure to keep or supply records;
  • False labeling of pure seed percentages, and
  • False labeling of germination percentage and test date.

DLF USA, Inc., Albany, Oregon, has paid $55,707 for a case involving twenty four seed shipments. There was one seed shipment each to Indiana, Mississippi, and Wyoming. There were two seed shipments to Texas. There were three seed shipments to Kentucky. There were three seed shipments to Virginia. There was one seed shipment to Ohio which was subsequently reshipped to Kentucky. There was one seed shipment to Pennsylvania which was subsequently reshipped to Virginia. There was one seed shipment to Illinois and Ohio which was subsequently reshipped to Kentucky. There was one seed shipment to South Carolina and Tennessee which was subsequently reshipped to Kentucky.  There was one seed shipment from Missouri to Indiana. There was one seed shipment from Missouri to Indiana and New York which was subsequently reshipped to Michigan. There was one seed shipment from Wisconsin to Pennsylvania which was subsequently reshipped to Virginia. There was one seed shipment from Wisconsin to Michigan. There were two seed shipments from Wisconsin to Indiana. In addition, there were three seed shipments to Arkansas, Arizona, Georgia, Indiana, Illinois, Iowa, Kentucky, Maryland, Nebraska, New York, Ohio, Texas, and Wisconsin which were subsequently reshipped to Kentucky and Pennsylvania. Seed regulatory officials in Indiana, Kentucky, Michigan, Mississippi, Pennsylvania, Texas, Virginia, and Wyoming cooperated in the initial sampling and inspections. The alleged violations were:

  • Failure to keep or supply records;  
  • False labeling as to kind name;
  • False labeling as to variety name;
  • False labeling of noxious-weed seeds rate of occurrences;
  • False labeling of germination percentages and test dates, and
  • False labeling of pure seed, inert matter, and other crop seed percentages.

Erwin-Keith, Inc., Wynne, Arkansas, has paid $4,400 for a case involving three seed shipments. 
There was one seed shipment to Alabama which was subsequently reshipped to Georgia. There were two seed shipments to Texas. Seed regulatory officials in Georgia and Texas cooperated in the initial sampling and inspections. The alleged violations were:

  • False labeling of pure seed and other crop seed percentages.

Florida Hardware, LLC, Jacksonville, Florida, has paid $3,300 for a case involving one seed shipment to Georgia. Seed regulatory officials in Georgia cooperated in the initial sampling and inspection. The alleged violations were:

  • False labeling of germination percentage;
  • False labeling of pure seed and inert matter percentages, and
  • False labeling of noxious-weed seeds rate of occurrence.

Grassland Oregon, Salem, Oregon, has paid $2,800 for a case involving two seed shipments. There was one seed shipment to Missouri. There was one seed shipment to Tennessee which was subsequently reshipped to Kentucky. Seed regulatory officials in Kentucky and Missouri cooperated in the initial sampling and inspections. The alleged violations were:

  • False labeling of germination percentage, and
  • False labeling of pure seed and inert matter percentages.

Green Thumb Commodities, Inc., Oldham, South Dakota, has paid $3,400 for a case involving three seed shipments. There was one seed shipment to Tennessee which was subsequently reshipped to Virginia.  There were two seed shipments to Texas. Seed regulatory officials in Texas and Virginia cooperated in the initial sampling and inspections. The alleged violations were:

  • Failure to keep or supply records;  
  • False labeling of other crop seed percentage, and
  • False labeling of noxious-weed seeds rate of occurrence.

Johnston Seed Company, Enid, Oklahoma has paid $350 for a case involving one seed shipment to Texas. Seed regulatory officials in Texas cooperated in the initial sampling and inspection. The alleged violation was:

  • False labeling of pure seed and other crop seed percentages.

Mid Valley Seed Source, Inc., Corvallis, Oregon, has paid $525 for a case involving one seed shipment to Missouri. Seed regulatory officials in Missouri cooperated in the initial sampling and inspection. The alleged violations were:

  • False labeling of inert matter percentage, and
  • False labeling of noxious-weed seeds rate of occurrence.

Mountain View Seeds, Salem, Oregon, has paid $22,315 for a case involving ten seed shipments. 
There was one seed shipment to Virginia. There were two seed shipments to Michigan. 
There were two seed shipments to Wisconsin. There was one seed shipment to Pennsylvania 
which was subsequently reshipped to Virginia. There were two seed shipments to Michigan and Ohio which were subsequently reshipped to Kentucky. There were two seed shipments to Connecticut and Michigan which were subsequently reshipped to Indiana. Seed regulatory officials in Indiana, Kentucky, Michigan, Virginia, and Wisconsin cooperated in the initial sampling and inspections. The alleged violations were:

  • Failure to keep or supply records;  
  • False labeling as to incorrect labeling;
  • False labeling of germination percentages and test dates, and
  • False labeling of pure seed and inert matter percentages.

Performance Seed Company, St. Cloud, Minnesota, has paid $4,000 for a case involving two seed shipments. There was one seed shipment each to Indiana and Kentucky. Seed regulatory officials in Indiana and Kentucky cooperated in the initial sampling and inspections. The alleged violations were:

  • Failure to keep or supply records;  
  • False labeling as to incorrect labeling;
  • False labeling of pure seed percentage, and
  • False labeling of germination percentage.

Porter Seed House, Bolivar, Missouri, has paid $1,100 for a case involving one seed shipment. 
There was one seed shipment to Pennsylvania which was subsequently reshipped to Virginia. Seed regulatory officials in Virginia cooperated in the initial sampling and inspection. The alleged violation was:

  • False labeling of noxious-weed seeds rate of occurrence.

Turner Seed, Inc., Antioch, Tennessee, has paid $11,650 for a case involving six seed shipments. There was one seed shipment each to Indiana and Kentucky. There were three seed shipments to Virginia.  Seed regulatory officials in Indiana, Kentucky, and Virginia cooperated in the initial sampling and inspections. The alleged violations were:

  • Failure to label as a mixture;
  • Failure to keep or supply records;  
  • False labeling as to kind name;
  • False labeling of germination percentage;
  • False labeling of noxious-weed seeds rate of occurrence, and
  • False labeling of pure seed, inert matter, and other crop seed percentages.

Smith Seed Services, Halsey, Oregon, has paid $23,310 for a case involving nine seed shipments.
There was one seed shipment each to Missouri, New York, and Texas. There was one seed shipment to Ohio which was subsequently reshipped to Michigan. There was one seed shipment to Tennessee which was subsequently reshipped to Kentucky. There was one seed shipment to North Carolina which was subsequently reshipped to Virginia. There was one seed shipment to New York which was subsequently reshipped to Pennsylvania. In addition, there were two seed shipments to California, Georgia, Illinois, Pennsylvania, and Texas which was subsequently reshipped to Indiana and Pennsylvania. Seed regulatory officials in Indiana, Kentucky, Michigan, Missouri, New York, Pennsylvania, Texas, and Virginia cooperated in the initial sampling and inspections. The alleged violations were:

  • Failure to keep or supply records;  
  • False labeling as to kind name;
  • False labeling as to variety name;
  • False labeling of noxious-weed seeds rate of occurrences;
  • False labeling of germination percentages and test dates;
  • False labeling of pure seed and inert matter percentages, and
  • Failure to label the interstate shippers name and address or code designation.

Syngenta Seeds, LLC, Downers Grove, Illinois, has paid $800 for a case involving one seed shipment to Missouri. Seed regulatory officials in Missouri cooperated in the initial sampling and inspection. The alleged violation was:

  • False labeling of germination percentage.