Page 105 - Breeding and regulatory opportunities, Renaud
P. 105



Seed Regulation in the US, EU and Mexico






are considered in the process of developing and implementing an efective 

regulatory regime (Klein and Winekof, 2009). In the EU the normalization of 

these principles into regulatory practice was assigned to member states (Padel 


et al., 2009), operating within common, clear and enforceable regulatory 

standards. In the US, responsibility for enforcing compliance with organic 

principles has been spread among stakeholder categories (organic certiiers, 

growers, buyers), thereby creating potential for conlicts of interest and diverse 

interpretation of principle into practice.




Because the EU chose to regulate the use of organic seed through a formal 

amendment to its existing organic standard, accompanied by a deadline for 

compliance, the processes of implementing, embedding and integrating 

seed regulation into organic practices (assisted, for instance, by the databases 


and expert groups) has been able to move at a faster pace and with broader 

stakeholder compliance than in the US. We have identiied in the content and 

discourse analyses ive main contributing factors: (1) Most US respondents 

recognized the necessity for the information that only a database can provide. 

The database initiatives have been funded and organized by diverse coalitions 


of stakeholders rather than by a governmental authority such as the NOP. 

The reliance by the state on self-organizing initiatives has resulted in multiple 

databases using diferent criteria and serving diferent clients, thereby reinforcing 

fragmentation rather than the harmonization of the sector. (2) Maintenance 


of the US databases is currently reliant on the continuation of grants, and the 

uploading of varieties into a database is reliant on the willingness of companies 

to pay for inclusion. This has resulted in competition for inancial support and 

market advantage. (3) The EC requires that each member state submit on time 

national annual reports on organic seed exceptions. The US regime makes no 


such provision for reporting, thus monitoring of progress toward regulatory 

compliance is not possible. (4) EU member states have developed common 

guidelines for types of exception and for the practices and procedures of 

exception review committees.The US has no appropriate procedural instruments 

in place for formal monitoring of exceptions and organic seed usage. The onus 


is placed primarily on the interpretation of independent certiiers, growers 

and buyers. (5) Several EU member states have developed Expert Groups to 

advise regulatory bodies and certiiers in their decision-making regarding 

exceptions. The US relies completely on stakeholders to oversee the integrity






87




   103   104   105   106   107