News Releases

DATE:	May 9, 2005
CONTACT:	Leslie Cahill
	(703) 837-8140

Federal Register/Vol. 70, No. 66/Thursday April 7, 2005/Proposed Rules

May 9, 2005

James L. Riva
Chief
USDA, AMS, LS, ARC Branch
STOP 0294, Room 2627-S
1400 Independence Ave., SW
Washington, DC 20250-2048

RE: Federal Register/Vol. 70, No. 66/Thursday April 7, 2005/Proposed Rules
Page 17611

VIA FACSIMILE: 202-690-1038

Dear Mr. Riva:

Founded in 1883, the American Seed Trade Association (ASTA) is one of the oldest trade organizations in the United States. Its membership consists of about 850 companies involved in seed production and distribution, plant breeding, and related industries primarily in North America. The size of ASTA member companies range from small family owned businesses to multinationals. As an authority on plant germplasm, ASTA advocates science and policy issues of importance to the seed industry. Its mission is to enhance the development and free movement of seed worldwide.

ASTA appreciates the opportunity to comment on the proposal to establish a separate user-fee schedule for the Quality Systems Verification Programs (QSVP) and to expand the scope of the QSVP to include all agricultural products and services within the responsibility of the Livestock and Seed (LS) Program, including seed.

The seed industry operates today by utilizing a highly documented trail governed by Federal and state seed laws and regulations from state certification organizations, including crop improvement associations. Every lot of seed is catalogued by variety through all stages from breeder to foundation to commercial seed. The respective parties in that chain keep all records of production, field inspections, inventories, transportation moves, cleaning, certification tags, etc. for a minimum of three years. Some movement toward the use of bar codes or electronic scanning is occurring. Spot inspections by states or crop improvement associations are conducted to verify compliance with regulations and/or certification requirements.
In addition, marketing of seed internationally is facilitated by OECD and AOSCA certification and through terms in private contracts. ASTA does not believe that the

expansion of the QSVP is necessary to provide the continued, seamless, and efficient distribution of seed domestically or internationally. In fact, it could add another layer of complexity on top of a system that currently involves ISO, ISTA, OECD, AOSCA and AOSA, among others. This additional program would come at time when the number of certified acres in the United States is decreasing.
ASTA does, however, have some specific comments about the analysis and proposals in the Federal Register Notice.
ASTA has many members who would be considered small companies and does not agree with the conclusion that the rule will not have a significant economic impact on small companies if they chose to use QSVP. A charge of $108.00 per hour is not insignificant to a small seed company.
While appreciating that the methodology is sound ASTA takes note that, in the $108.00 per hour fee, non-salary expenses are three time the expenses for salaries. ASTA is also of the opinion that $20.00 per hour used to estimate the costs for the applicant is also low. A different methodology must have been used to calculate the cost for the applicant than used to set the rate charged for QSVP. We do not think this is appropriate.
The Federal Register Notice says that QSVP use International Organization for Standardization (ISO) Guidelines and standards as a format for evaluating program documentation to ensure consistent assessment practices and promote international recognition of assessment results. Given this, ASTA suggests that if a facility is ISO certified, and if the facility desires QSVP status, the facility be granted QSVP without having to go through the expense of the QSVP certification process.
ASTA also urges that industry be consulted on the program requirements for QSVP. Such program requirements should, to the extent possible, not be incremental to the existing processes and data requirements normally followed in the seed industry. ASTA members are expressing increasing concerns about additive certification costs.
ASTA and its members work closely with the Agricultural Marketing Service (AMS) on OECD, Federal Seed Act, organic issues among others. ASTA is very supportive and appreciative of the services provided by AMS and hopes that the above comments will be useful. If there are specific questions that ASTA can answer please let us know.

Richard T. Crowder
President/CEO

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Founded in 1883, the American Seed Trade Association (ASTA), located in Washington, DC, is one of the oldest trade organizations in the United States. Its membership consists of about 900 companies involved in seed production and distribution, plant breeding, and related industries in North America. As an authority on plant germplasm, ASTA advocates science and policy issues of industry importance. Its mission is to enhance the development and free movement of quality seed worldwide.