Replies

This is the pilot program being tested in Europe for Seed registration:

http://www.fas.usda.gov/gainfiles/200611/146249591.pdf

Here is the "Growers' District Authorization Act" being introduced state by state and seed by seed.

STATE NATIONAL HARMONIZATION PROGRAM TEMPLATE

FOR

SEED {INSERT TYPE}

November 30, 2006

MEMORANDUM OF UNDERSTANDING ({INSERT NAME OF STATE OR OTHER ENTITY})

BETWEEN THE

{INSERT NAME OF STATE OR OTHER ENTITY} (COOPERATOR)

AND THE

UNITED STATES DEPARTMENT OF AGRICULTURE (USDA)

ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)

PLANT PROTECTION AND QUARANTINE (PPQ)

ARTICLE 1 – PURPOSE

This {INSERT NAME OF STATE OR OTHER ENTITY} provides for the cooperative participation between the parties to hereby establish, as a part of a State National Harmonization Program (SNHP) for seed {INSERT TYPE}, (1) minimum standards set by state authority for certification of seed {INSERT TYPE} in order to facilitate interstate shipment and export and (2) cooperation in pest management.

The purpose of this {INSERT NAME OF STATE OR OTHER ENTITY} is to establish, as part of the SNHP for seed {INSERT TYPE}, harmonized standards to control the spread of disease through state certification programs for seed {INSERT TYPE}. This SNHP for seed {INSERT TYPE} allows for uniform minimum phytosanitary standards that may enhance uniformity and quality in seed {INSERT TYPE} shipped between states; may lead to the enhanced marketing of high quality commercial {INSERT TYPE} grown in the United States; and may enhance international marketing of quality seed {INSERT TYPE} exported from the United States.

ARTICLE 2 – AUTHORITY

APHIS is authorized by the Plant Protection Act, Pub. L. No. 106-224, § 431, 114 Stat. 438, 451, (2002) to cooperate with other Federal agencies, the governments of foreign countries, international organizations or associations, states or their political subdivisions, farmer’s associations, and other persons to detect, eradicate, suppress, control, and prevent or retard the spread of plant pests or noxious weeds.

{Insert State Authority, if so desired}

ARTICLE 3 – DEFINITIONS

1. Seed {INSERT TYPE}: potato plantlets, plants, stem cuttings, microtubers, minitubers, tubercles or tubers intended for planting.

2. Line selected hill units: tubers that have been taken from an identifiable production field and that have been developed through a series of plant selections, grow-outs, and reselections based on plant or tuber characteristics.

3. Limited generation system: a scheme wherein eligible planting stock for each seed class is limited by compliance with established pest tolerances and a specified number of increases in the field.

4. Regulated pest: any pest that is controlled under the seed certification system of the cooperator.

5. Free of regulated pests: regulated pests are not present in numbers that can be detected using appropriate sampling, inspection, and testing procedures.

6. Post harvest test: winter grow-out or laboratory testing of harvested {INSERT TYPE} to verify that regulated pests meet applicable tolerances.

Certifying entity: is the seed certification entity in each state. This is the

exclusively recognized seed {INSERT TYPE} certifying entity for each state, as listed below:

(INSERT STATE SEED CERTIFICATION ENTITY AND DEFINE STRUCTURE AND STATUTORY AUTHORITY)

ARTICLE 4 – UNIFORM REQUIREMENTS FOR SEED {INSERT TYPE} CERTIFICATION

The cooperating parties agree that seed {INSERT TYPE} may be certified by the cooperator or its designee, under the SNHP if:

1. They are produced from a) tissue culture {INSERT TYPE} that are free of regulated pests or b) from other entry level materials such as line selected hill units or parent plants used in stem cuttings that are free of regulated pests;

2. They are produced under a limited generation system;

3. They have undergone at least two field inspections to ensure compliance with tolerances set forth in Annex 2 of this {INSERT NAME OF STATE OR OTHER ENTITY};

4. They are subjected to post-harvest testing for recertification;

5. They are produced and stored in a cooperating state under the SNHP; and

6. Interstate shipments and exports departing from the state are inspected by the Cooperator’s designated officials at the shipping point to verify lot identity and ensure compliance with all applicable phytosanitary requirements.

ARTICLE 5 – COOPERATOR RESPONSIBILITIES

A. The cooperating state with a commercial seed production industry agrees to:

1. Designate Mr./Ms./Dr.—Insert full name as its authorized representative who shall be responsible for collaboratively administering the activities conducted under this {INSERT NAME OF STATE OR OTHER ENTITY};

2. Recognize seed certification entities for each state participating in the SNHP;

3. Ensure that certification practices in their state conform fully to the requirements listed in Article 4 of this {INSERT NAME OF STATE OR OTHER ENTITY};

4. Require that the designated seed certifying entity maintains adequate records relating to all aspects of the certification regime, including records to enable trace-back of the certified seed to its field generation and parent material and to ensure lot identification;

5. Require that any testing is performed using generally recognized diagnostic methods and protocols;

6. Provide to APHIS a quality manual describing seed certification procedures, pest tolerances, and testing methodologies, together with mechanisms for ensuring compliance. The quality manual shall consist of the most current certified seed {INSERT TYPE} standards for each certifying entity and a brief handbook outlining the various standards and protocols for disease testing;

7. Implement {INSERT TYPE} pest management plans and quarantine programs consistent with those listed in Annex 1 of this {INSERT NAME OF STATE OR OTHER ENTITY}; and

8. Require that certified seed produced within the state and offered for interstate and export sale meets the requirements of Article 4 of this {INSERT NAME OF STATE OR OTHER ENTITY}.

B. The Cooperator agrees to require that in-state growers who purchase seed from outside the state provide or maintain adequate records verifying that such seed meets the requirements of Article 4 of this {INSERT NAME OF STATE OR OTHER ENTITY}.

ARTICLE 6 – APHIS RESPONSIBILITIES

APHIS agrees to:

2. Recognize the seed certification entity that is recognized by the Cooperator to certify seed {INSERT TYPE} under the SNHP if the state meets the requirements set forth in Articles 4 and 5 of this {INSERT NAME OF STATE OR OTHER ENTITY};

3. Oversee the implementation of the federal pest management plans listed in Annex 1 of this {INSERT NAME OF STATE OR OTHER ENTITY};

4. Oversee the SNHP by reviewing records and audits performed by the Cooperator of certification facilities, procedures, and personnel to ensure conformance with the terms of this {INSERT NAME OF STATE OR OTHER ENTITY}.

5. Provide additional declaration for international export by attaching such additional declaration to the federal phytosanitary certificate for seed {INSERT TYPE} from the Cooperator state stating that those seed {INSERT TYPE} meet the minimum standards established through the SNHP.

ARTICLE 7 – STATEMENT OF NO FINANCIAL OBLIGATION

Signature on this {INSERT NAME OF STATE OR OTHER ENTITY} does not constitute a financial obligation on the part of APHIS or the Cooperator. Each signatory party is to use and manage its own funds in carrying out the purpose of this {INSERT NAME OF STATE OR OTHER ENTITY}. Transfer of funds or items of value is not authorized under this {INSERT NAME OF STATE OR OTHER ENTITY}.

ARTICLE 8 – SECURITY GUIDELINES

When connected to the USDA, APHIS network, comply with the security guidelines as outlined in the USDA Cyber Security Manual Series 3500; including USDA Departmental Manual (DM) 3515, “Privacy Requirements”, and USDA DM 3525, “USDA Internet Use and E-Mail Security”. The Cooperator will not download any material (i.e., pictures, movies, or music files) bearing a copyright nor access any material defined as inappropriate in these regulations and directives.

ARTICLE 9 - LIMITATIONS OF COMMITMENT

This {INSERT NAME OF STATE OR OTHER ENTITY} and any continuation thereof shall be contingent upon the availability of funds appropriated by the Congress of the United States. It is understood and agreed that any monies allocated for purposes covered by this {INSERT NAME OF STATE OR OTHER ENTITY} shall be expended in accordance with its terms and the manner prescribed by the fiscal regulations and/or administrative policies of the party making the funds available. If fiscal resources are to transfer, a separate agreement must be developed by the parties.

ARTICLE 10 – CONGRESSIONAL RESTRICTION

Under 41 USC 22, no member of, or delegate to, Congress shall be admitted to any share or part of this {INSERT NAME OF STATE OR OTHER ENTITY} or to any benefit to arise therefrom.

ARTICLE 11 – REVIEW AND AMENDMENT

The terms of this {INSERT NAME OF STATE OR OTHER ENTITY}, in particular the seed certification requirements in Article 4, the pest management plans in Annex 1, and the pest tolerances in Annex 2, shall be subject to periodic review and amendment. This {INSERT NAME OF STATE OR OTHER ENTITY}, including annexes, may be amended by mutual agreement of the cooperating parties in writing.

ARTICLE 12 - TERMINATION

This {INSERT NAME OF STATE OR OTHER ENTITY} may be terminated by either party upon 30 days written notice to the other party.

ARTICLE 13 - EFFECTIVE DATE AND DURATION

This {INSERT NAME OF STATE OR OTHER ENTITY} will be in effect upon date of final signature and will continue for five years from the date of signature.

IF DEROGATION FOR THIS COOPERATOR IS APPLICABLE, INSERT THE FOLLOWING ARTICLE, OR SIMILAR LANGUAGE:

ARTICLE 14

ARTICLE 14 – TEMPORARY DEROGATION

Notwithstanding the requirements of ARTICLE 4.3 of this {INSERT NAME OF STATE OR OTHER ENTITY}, the tolerance for variety mix in {INSERT NAME OF STATE} will be [xxx]. This derogation will be in effect for a period of {INSERT NUMBER OF YEARS} years following the date of signature.

ARTICLE 14 – TEMPORARY DEROGATION

The requirements of ARTICLE 4.6 will not apply to {INSERT NAME OF STATE} for a period of {INSERT NUMBER OF YEARS} years following the date of signature.

INSERT {NAME OF COOPERATOR}

__________________________________________________

Insert {Name of Signatory} Date

Insert {Title of Signatory}

UNITED STATES DEPARTMENT OF AGRICULTURE

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

PLANT PROTECTION AND QUARANTINE

__________________________________________________

Insert {Name of Signatory} Date

Insert {Title of Signatory}

ANNEX 1

Federal Pest Management Plans

1) Golden Nematode Management Plan

2) Necrotic Virus Management Plan

ANNEX 2

Maximum Tolerances, Final Field Test

Leafroll	Mosiac	Total Virus	BRR	Variety Mix

1%	2%	3%	0	0.5%