Page 53 - Breeding and regulatory opportunities, Renaud

Seed Regulation in the US

2.3 Findings

The indings are presented as historical narratives related to the following main

themes: (1) the organic regulatory process in the US (Table 2.1), (2) stakeholder

interests and stakes 2007-2013 (outlined in Table 1.2ab), and (3) the associated

organizations and related contextual developments (outlined in Table 1.3). They

are organised under sub-headings derived from the concerns introduced in the

introduction and in the design of the study: (1) Rule-setting and implementation

processes, (2) Contexts, concerns and concepts, (3) Emergent organisations and

networks, and (4) Resource mobilisation.

2.3.1 Rule-setting and implementation processes

As early as the Organic Foods Production Act of 1990 (OFPA, 1990); clause 7 U.S.C.

6508 (a) of the OFPA recommended that US organic growers make responsible

seed choices that complied to organic principles:

“Seeds, Seedlings and Planting Practices - For a farm to be certiied under this

chapter, producers on such farm shall not apply materials to, or engage in

practices on, seeds or seedlings that are contrary to, or inconsistent with, the

applicable organic certiication program.”

In 2000, the irst USDA National Organic Program (NOP) was published

attempting to regulate the entire organic sector. It included a descriptive

clause governing organic seed usage in a certiied organic farming system,

which subsequently was incorporated into the USDA NOP standard passed in

2002 (Code of Federal regulations (CFR) Section 205.204(a)). The Organic Seed

Regulation reads as follows:

“205.204 Seeds and planting stock practice standard.

(a) The producer must use organically grown seeds, annual seedlings, and

planting stock: Except, that, (1) Non-organically produced, untreated seeds

and planting stock may be used to produce an organic crop when an equiva-

lent organically produced variety is not commercially available: (2) Non-

organically produced seeds and planting stock that have been treated with a

substance included on the National List of synthetic substances allowed for

use in organic crop production may be used to produce an organic crop when

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