2010 Annual Report

Office of Indiana State Chemist & Seed Commissioner Annual Seed 2010 Regulatory Report

Inspection & 175 South University Street, Purdue University, West Lafayette, IN 47907 Testing Summary Office of Indiana State Chemist & Seed Commissioner Annual Seed Regulatory Report 2010

2010 Indiana Seed Regulatory Program Annual Report

Table of contents 4 Our Presence in Ind iana

5 The Indiana Seed I ndustry

5 Table 1. Seed Distri bution in Indiana

6 Professional Affiliat ions

7 Analysis and Testing Activities in 2010 7 Analysis and Testin g Activities in 2010

7 Genetic Trait Testin g

8 Seed Count Monito ring & Testing

9 Inspection & Enforc ement in 2010

10 Table 2. Detailed S ummary of Analyses by Company

21 Enforcement of Federal Law -USDA Cooperative Agreement

22 Appendix A. Summ ary of Federal Cases from Indiana

25 Our People - Seed Regulatory Program Staff

26 Our People - Field Inspection Staff

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Office of Indiana State Chemist & Seed Commissioner Annual Seed Regulatory Report 2010

INDIANA SEED CONTROL 2010 ANNUAL REPORT

Allow me to present this 2010 annual report of the Office of Indiana State Seed Commissioner. It represents a summary of official inspectional activities relating to seed control in Indiana, as well as laboratory analyses performed on official samples collected under the authority of the Indiana Seed Law for agricultural and vegetable seeds distributed in Indiana.

The activities of our seed regulatory program revolve around our mission statement: “Provide education and service to consumers of seed and the seed industry and assure a quality product is available in the marketplace and truthfully represented.”

The Indiana Seed Law is a “truth-in-labeling” law requiring basic quality factors be expressed to represent a level of quality to potential purchasers and consumers. The purpose of the law is to provide the consumer with adequate information, through fair and consistent labeling, to make intelligent purchases of agricultural and vegetable seed products.

The inspection staff of the Indiana State Chemist and Seed Commissioner provides market place surveillance throughout the state through inspectional visits to all retail sales outlets offering seed products for sale. These products routinely consist of various agricultural crop seeds, forage seeds, lawn and turf seeds, and vegetable seed kinds. Samples are obtained through official sampling methods and are analyzed in the state seed laboratory to determine compliance with labeled guarantees.

Our office is a charter member of the Association of American Seed Control Officials (AASCO) and the Association of Official Seed Analysts (AOSA) and we abide by the rules and protocols established by those associations. This report accurately reflects the dedication to our statutory responsibilities to enforce the Indiana Seed Law and provide consumer protection to Indiana farmers and seedsmen.

Prepared and Submitted By:

Larry W. Nees Seed Administrator

Office of Indiana State Chemist & Seed Commissioner

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Office of Indiana State Chemist & Seed Commissioner Annual Seed Regulatory Report 2010

OOUURR PPRREESSEENNCCEE IINN IINNDDIIAANNAA …… The Indiana Seed Commissioner was established in 1921 with the passage of House Bill No. 99 which was signed into law on February 24, 1921 to create the Indiana Seed Law, a “truth-in-labeling” law.

Seed testing facilities were established at Purdue University following passage of that first law to provide support to enforcement activities conducted under the authority of the law. Testing services were also provided for residents and consumers of the state to assess seed quality on seed purchased and grown by farmers.

State Seed Laboratory, 1921

State Seed Laboratory, Today

The Office of Indiana State Chemist and Seed Commissioner (OISC) is located on the campus of Purdue University and housed in the Biochemistry Building in the College of Agriculture. This proximity to faculty, researchers and extension staff in the various agricultural sciences is beneficial in providing information on new technologies constantly emerging in the regulated industries OISC comes in contact with.

Biochemistry Building 175 S. University Street, Purdue University West Lafayette, IN 47907

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Office of Indiana State Chemist & Seed Commissioner Annual Seed Regulatory Report 2010

TTHHEE IINNDDIIAANNAA SSEEEEDD IINNDDUUSSTTRRYY Indiana Seed Permit holders number 327 (Both in-state and out-of-state distributors) (* distributors marketing seed under their private label)

SEED DISTRIBUTION IN INDIANA

Table 1 below illustrates a breakdown of reported pounds of agricultural and vegetable seeds distributed in Indiana on which inspection fees were paid during the calendar years of 2008 and 2009. These figures and categories reported represent those specified on the quarterly reports submitted from all permit holders licensed to do business in Indiana, as required by the Indiana Seed Law.

The law requires all distributors who cause seed to be distributed in the state to report total sales made. Inspection fees are assessed based on the kind and amount of seed sold. Current fees assessed on total distribution are 24 cents/100 pounds sold for alfalfas, clovers, grasses and vegetables, and 9 cents/100 pounds sold for all other seeds.

Table 1. Kind of Seed 2009 Distribution 2010 Distribution Alfalfas 1,373,000 lbs 1,503,000 lbs Clovers 1,187,300 lbs 556,200 lbs Vegetables 824,000 lbs 741,700 lbs Grasses 7,685,000 lbs 9,937,500 lbs Corn 127,947,500 lbs 116,644,100 lbs Soybeans 401,144,500 lbs 379,302,100 lbs Wheat 40,705,000 lbs 41,342,800 lbs Oats 2,479,000 lbs 2,632,600 lbs Miscellaneous 7,598,000 lbs 19,610,000 lbs

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Office of Indiana State Chemist & Seed Commissioner Annual Seed Regulatory Report 2010

PPRROOFFEESSSSIIOONNAALL AAFFFFIILLIIAATTIIOONNSS ……

The Office of the Indiana Seed Commissioner maintains membership in national seed organizations and associations and agreements with federal agencies.

AASCO (Association of American Seed Control Officials) The Seed Commissioner’s office participates as an active member of AASCO The Association of American Seed Control Officials is an organization of seed regulatory officials from the United States and Canada. The Association was organized in 1949, from an outgrowth of regional meetings held in various parts of the United States. The members meet annually to discuss mutual concerns of seed law enforcement, to be updated on new developments in the seed industry, and to update the Recommended Uniform State Seed Law (RUSSL) which the organization developed and maintains as a "model" law for states and federal programs.

AOSA (Association of Official Seed Analysts, Inc.) The State Seed Laboratory is a member of the Association of Official Seed Analysts, Inc., (AOSA) a national body responsible for development of uniform testing rules utilized in the U.S. and Canada and recognized internationally. AOSA was formed in 1908 in response to initial attempts by individual states to develop seed laws. This was the beginning of regulated seed commerce in the United States. Initial priorities included, as was defined in the constitution, an attempt to seek uniformity and accuracy in methods, results, and reports. It set as its objective an effort to perfect and make publicly known, through publication, uniform rules for seed testing. Primary functions include: • Establish the AOSA Rules for Testing Seeds which are generally adopted by most states as the rules for testing seeds in their respective states • Contribute to the refinement and modification of the rules and procedures for seed testing • Ensure that testing procedures are standardized between analysts and between laboratories • Influence and assist in enforcement of appropriate seed legislation at state and federal levels

USDA Seed Regulatory & Testing Branch - The Indiana Seed Commissioner’s Office maintains Cooperative Agreement #12-25-A-3330 with the USDA Seed Regulatory and Testing Branch for mutual assistance and cooperation in regulatory matters pertaining to seed shipped into the state from out-of-state vendors. The federal agency authorizes the State Seed Commissioner to sample seed and inspect records pertaining to seed shipments made into Indiana subject to the Federal Seed Act. The Federal Seed Act, by virtue of its basic similarity to the Indiana Seed Law, supplements the State Law.

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Office of Indiana State Chemist & Seed Commissioner Annual Seed Regulatory Report 2010

AANNAALLYYSSIISS && TTEESSTTIINNGG AACCTTIIVVIITTIIEESS

The Indiana State Seed Laboratory is an active member of the Association of Official Seed Analysts (AOSA) and the methods used for sample preparation and analysis are those approved by the Association. Under such “Rules for Testing Seeds” a standard analysis has been developed in conjunction with the enforcement of labeling laws that furnishes information as to the composition of the seed sample and the ability of the seed to produce plants. The rules, which are routinely followed, summarize and make available the accumulated experience of seed analysts.

The laboratory also offers a service testing program available to the general public. Individuals and/or companies requesting analysis information may submit samples to the laboratory for testing and specify the type of test or tests desired (purity, germination, noxious weed seed exam). Testing fees are $6 per sample for individual purity, germination and/or identification tests, and $10 per sample for complete tests (purity, germination, noxious weed exam). Detailed reports of analysis are furnished to the sender at the completion of the testing.

2010 SAMPLE COLLECTION AND ANALYSIS Total Passed % Passed Total Official Samples* Tested: 2,650 2,532 95.5% Total Service Samples** Tested: 1,032 (Includes Bird Seed Samples) (101) Total Samples Tested in 2010: 3,682 * Samples obtained by state inspectors for regulatory enforcement program ** Samples submitted by farmers/consumers for testing

GENETIC TRAIT TESTING MONITORING PROGRAM Soybean and corn samples were again monitored in 2010 for trait purity of genetically modified (GM) traits and low level contamination of conventional lines and trait purity of GM lines. A combination of bioassay tests and immunoassay tests were utilized to screen seed lots for low-level contamination and bioassay tests were used to monitor trait purity levels of GM traits Crop Kind Trait Tested Type of Test # Tests # Testing Positive Soybeans Roundup in “non-RR” Immunoassay 18 0 Soybeans Roundup (trait verified) Bioassay 101 0 showing non-RR Corn Roundup in “non-RR” Immunoassay 74 3 (range:1.5% -3.2%) Corn Liberty Link in “non-LL” Immunoassay 74 0 Corn Bt (Cry3Bb, 1Ab, Cry34,MCry3A, Cry1F) Immunoassay 370 2 (range: 1.6% - 2.8%) Corn Roundup (trait verified) Bioassay 53 4 showing non-RR

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Office of Indiana State Chemist & Seed Commissioner Annual Seed Regulatory Report 2010

SEED COUNT MONITORING AND TESTING Emphasis was again placed on “seed count” labeling claims for corn, soybeans and wheat seed marketed in Indiana during the 2010 season. Seed count tests were performed on random samples collected during the course of routine sampling throughout the state. The testing protocol used was developed and adopted by the Association of Official Seed Analysts as a part of their “Rules for Testing Seeds”. Specific tolerances included in that official protocol were used to determine if statistical differences occurred between label claims and test results. Current tolerances for seed count testing are 2% for corn, 3% for wheat, and 4% for soybeans. The following is a summary of test results during the 2009 season:

Crop: CORN Crop: SOYBEANS Crop: WHEAT # Companies Sampled: 35 45 33 # Samples Tested: 75 103 47 # Samples Out of Tolerance 2 (3%) 4 (4%) 2 (4%)

120

100

# Samples 60 # Violations

0 Corn Soybeans Wheat

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Office of Indiana State Chemist & Seed Commissioner Annual Seed Regulatory Report 2010

IINNSSPPEECCTTIIOONN && EENNFFOORRCCEEMMEENNTT

Seed Inspectional Visits Made in 2010 810 Individual Labelers Sampled in 2010 316

Total Official Samples Collected in 2010 2,650 Official Samples Passing All Claims 2,532 95.5% Samples Deficient 118 4.5% * Minor Violations Based on Product Analysis 65 2.5% 1,292,600 lbs (* requiring relabeling of products) Serious Violations Based on Product Analysis 53 2.0% 221,000 lbs Inspector-Issued Stop Sale Orders 66 12,500 lbs Total Pounds of Seed Under Stop Sale Order 233,500 lbs

Retail Dealers Sampled in 2010 477 Label Claims Verified By Analysis 13,625 Crop Kinds Tested in 2010 100

The following Table 2 represents a general summary of control work for all seed samples examined. The inspectional record for all companies sampled is shown including overall sample totals, the number of samples passing and the specific violations noted for each company. “Serious” violations involved enforcement action requiring either relabeling or removal from sale.

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Office of Indiana State Chemist & Seed Commissioner Annual Seed Regulatory Report 2010

Table 2. 2010 Inspection of Agricultural and Vegetable Seeds in Indiana Total Samples Total Passed 1st Choice Seeds, Milton, IN 7 7 256 Supply True Value, Austin, IN 1 1 5 Oaks Lawn & Garden, Batesville, IN 3 3 Ace Hardware, New Albany, IN 3 3 Adlers Feed Express, Kokomo, IN 4 3 Garden Bean, Lot#N/A, Insp.#: 101823, Germination Standard: 75%, Found: 46% Advanced Agri-Solutions Cooprtv Inc, Botkins, OH 2 2 Advanta US, Inc., Herford, TX 1 1 Ag Alumni Seed Improvement, Romney, IN 4 4 Ag Plus Turf Center, New Haven, IN 1 1 Ag Venture Inc (also D & M) ,Kentland, IN 48 47 Corn, Lot # K547F285P, Insp. # 100508 Seed Count Claim: 2064/lb Found: 1994/lb Albert Lea Seed House, Albert Lea, MN 2 2 Alstotts Ace Hardware, Corydon, IN 4 4 Ambers Garden, Inc., Carlsbad, CA 1 1 Americas Alfalfa, Madison, WI 7 4 Alfalfa, Lot# N567-C, Insp. #: 100061, Pure Seed Claim: 65.87%, Found: 57.98% Alfalfa, Lot# N201-9C, Insp.# 100063 Pure Seed Claim: 65.89% Found: 62.14% Red clover, Lot #E7629-10C, Insp.# 100053 Pure Seed Claim: 65.00% Found: 60.96% Amturf Enterprises LLC, Crown Point, IN 5 4 Lawn Mix, Lot#L152-09-289-1, Insp. #: 092363, Pure Seed Total Ryegrass, Claim:79.66%, Found:49.41% Antler King Trophy Products Inc, Black River Falls, WI 2 2 Arone Hardware, Logansport, IN 3 2 Cabbage, Lot #:N/A, Insp.#: 101861, Germination Standard:75%, Found: 0% Ault Seed & Supply, Mike, Laporte, IN 8 8 Aurora Farm & Garden, Aurora, IN 2 2 Total Samples Total Passed Bailey Classic Hardware Inc, Rochester, IN 4 4 Baker Creek Heirloom Seed, Mansfield, MO 5 5 Baker Seed Company, West Salem, IL 4 4 Barenbrug USA, Tangent, OR 47 39 Orchardgrass, Lot#: 101319, Insp. #: 101319, Pure Seed Claim: 96.70%, Found: 91.63% Mixture, Lot #: 49816, Insp. #: 102357, Germination Claim Chicory: 85%, Found: 54% Mixture, Lot #42664, Insp. #: 102196 Germination Claim C.R. Fescue: 85% Found: 70% Mixture, Lot#47581, Insp. #: 102176 Germination Claim KyBluegrass: 85% Found: 74% Mixture, Lot#48879, Insp. #: 101676 Pure Seed Claim CR.fescue: 19.58% Found: 17.84% Mixture, Lot#47832, Insp.#:100300 Germination Claim KyBluegrass: 85% Found: 69% Mixture, Lot#45803, Insp.#:100076 Germination Claim KyBluegrass: 85% Found: 70% Mixture, Lot # 47832, Insp. # 100300 Germination Claim Kentucky Bluegrass: 85% Found: 69% Batesville Farm & Tractor Supply, Batesville, IN 1 1 Beck’s Superior Hybrids Inc, Atlanta, IN 67 65 Soybeans, Lot #H10245M, Insp.#: 100155 Germination Claim: 90% Found: 81% Soybeans, Lot #S103B2M, Insp.#: 100746 Germination Claim: 90% Found: 82% Behm & Hagemann Inc, Peoria, IL 7 4 Lawn Mix, Lot#: LC409-L152-09-461-4, Insp.#: 100125, Germ Claim C.R.Fescue: 85%, Found: 73%

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Table 2. 2010 Inspection of Agricultural and Vegetable Seeds in Indiana Total Samples Total Passed Behm & Hagemann Inc, Peoria, IL (continued) Mix, Lot # R61109-L152-09-15165, Insp. # 102175 Pure Seed Claim C.R Fescue: 24.28% Found: 18.33% Pure Seed Claim Ryegrass: 79.44%, Found: 76.71% Lawn Mix, Lot#: RG1109-L152-09-1516, Insp.#: 101511, Pure Seed Claim C.R. Fescue: 24.28%, Found: 16.19% Bennett’s Greenhouses Inc, Lafayette, IN 10 10 Bentley Seed Inc, Cambridge, NY 10 10 Bethany Gardens Nursery, Charlestown, IN 3 3 Bierma Hardware Inc, Wheatfield, IN 2 2 Big Lots, Columbus, OH 1 1 Bill’s Hardware & Flooring, Cloverdale, IN 1 1 Bio Gene Seeds, Sardinia, OH 1 1 Bio-Town Seed, Reynolds, IN 9 9 Bloomin’ Corner, The, Rochester, IN 2 2 Bluegrass Buddy Corp, Atlanta, GA 1 0 Mixture, Lot#: N/A, Insp. #: 102329, Pure Seed Claim Oats: 38.12%, Found: 0.02% Botanical Interests Inc, Broomfield, CO 21 21 Brodbeck Seed Inc, Wabash, IN 44 44 Brownsburg Landscape and Gardens, Brownsburg, IN 2 2 Brownstown Hardware Co, Brownstown, IN 1 1 Buds to Blossoms, Marion, IN 2 2 Bunton Seed Co, Louisville, KY 18 18 Burpee, W Atlee, Warminster, PA 64 62 Lettuce, Lot # 2, Insp. # 101253 Germination Claim: 80% Found: 55% Sweet corn, Lot# 7, Insp.#: 101403 Germination Claim: 75% Found: 38% Burris Seed Service, Huntington, IN 5 5 Burtch Seed Company, Celina, OH 1 0 Wheat, Lot # SKF11, Insp. # 102485 Seed Count Claim: 14,000/lb Found: 13,401/lb Byron Seeds LLC, Marshall, IN 27 26 Alsike clover, Lot # OL2003, Insp. # 101341 Germination Claim: 85%, Found: 75% Capitol Feed & Farm Supply, Corydon, IN 3 3 Caudill Seed Co, Louisville, KY 14 13 Rye, Lot # 9699, Insp. # 102384 Germination Claim: 85% Found: 72% Caudill Seed Co, Morehead, KY 20 20 Central Farm Supply Inc, Louisville, KY 2 1 Lawn Mix, Lot #: TTCM177, Insp. #: 102039 Germination Claim, T. Fescue: 85%, Found: 61% Channel Bio Corp., Kentland, IN 14 14 Chas C Hart Seed Co, The, Wethersfield, CT 3 3 CISCO Companies, The, Indianapolis, IN 121 103 Red clover, Lot # Y38-9-RC35, Insp. # 100274 Pure Seed Claim: 64.82% Found: 61.33% Clover, Ladino, Lot # L1139C5, Insp. # 100276 Germination Claim: 85% Found: 67% Little bluestem, Lot # K6616, Insp. # 100622 Germination Claim: 92% Found: 63% Hard fescue, Lot # SSS-01-8-771-4, Insp. # 102307 Pure Seed Claim: 98.54% Found: 95.85% Creeping red fescue, Lot # U17-7-FT05-1, Insp. # 102317 Germination Claim: 80% Found: 52% Mixture, Lot#: PEC-100218, Insp. #: 102342 Germination Claim W. clover: 85%, Found: 76% Germination Claim Chicory: 85%, Found: 40% Tall fescue, Lot# P72-9-TF-5, Insp. # 102413 Pure Seed Claim: 93.89% Found: 93.16% Page 11 Office of Indiana State Chemist & Seed Commissioner Annual Seed Regulatory Report 2010

Table 2. 2010 Inspection of Agricultural and Vegetable Seeds in Indiana Total Samples Total Passed CISCO Companies, The, Indianapolis, IN (continued) Side Oats Gramma, Lot # K6605, Insp. # 100621 Pure Seed Claim: 88.99% Found: 86.51% Big Bluestem, Lot # J5034, Insp. # 100623 Germination Claim: 85% Found: 76% Birdsfoot trefoil, Lot # P-1, Insp. # 101487 Germination Claim: 60% Found: 42% Mixture, Lot # RTG-100543, Insp. # 101872 Pure Seed Claim Ky bluegrass: 14.73% Found: 12.44% Creeping red fescue, Lot # Z1-9-1660, Insp. # 101978 Pure Seed Claim: 98.72% Found: 97.38% Kentucky bluegrass, Lot # 73.133.06C, Insp. # 102296 Pure Seed Claim: 99.74% Found: 98.69% Per. Ryegrass, Lot # 846-7-07905, Insp.# 102300 Pure Seed Claim: 99.68% Found: 98.19% Per. Ryegrass, Lot # M11-8-224, Insp. # 102302 Pure Seed Claim: 99.24% Found: 98.17% Chewings fescue, Lot # M85-6-47, Insp. # 102309 Germination Claim: 85% Found: 69% Triticale, Lot# 7078, Insp. # 102418 Pure Seed Claim: 98.00% Found: 95.94% Smooth Brome, Lot # 10089-03, Insp. # 101990 Pure Seed Claim: 93.00% Found: 89.78% Clayton Garden Center, North Webster, IN 2 2 Clifty Garden Center, Madison, IN 1 1 Co Alliance LLP, Danville, IN 2 2 Co Alliance LLP, Flora, IN 1 1 Commerce Corp, Warrensville Hts, OH 2 2 Cook’s Garden, Warminster, PA 6 6 Cook’s Nursery & Trim, Portland, IN 2 2 Corn Genetics Inc, Rensselaer, IN 6 6 Cossell’s Creative Lands. & Garden, Kokomo, IN 1 1 Country Corner Greenhouse, Marshall, IN 3 3 Country Folks Greenhouse, Bainbridge, IN 1 1 Country Garden Greenhouse, New Paris, IN 6 6 Country Garden Greenhouse, Westport, IN 3 3 Country Gardens, Holton, IN 5 4 Watermelon, Lot #: 5424, Insp. #: 102250, Germination Claim: 85% Found: 49% Cox’s Plant Farm, Clayton, IN 7 6 Annual Ryegrass, Lot # L70-9-26G, Insp. # 101673 Pure Seed Claim Tall Fescue: none Found: 21.00% Creative Garden Concepts, Grandview, MO 2 0 Parsley, Lot #: J27E9, Insp. #: 100008 Germination Claim: 60% Found: 0% Chives, Lot #: J27A9, Insp. #: 100499 Germination Claim: 50% Found: 19% Crookham Company, Caldwell, ID 2 2 Crop Production Services, Lebanon, IN 3 3 Crop Production Services, Loveland, CO 1 1 Crop Tech Seeds, Vincennes, IN 6 6 Crossman Seed Corp, East Rochester, NY 5 5 Crow’s Hybrid Corn Co, Kentland, IN 7 7 Cutting Edge Agri Products, Lowry City, MO 1 1 Total Samples Total Passed D & R Fruit and Meat Mkt, Logansport, IN 1 0 Garden Bean, Lot # 1040942, Insp. # 101858 Germination Claim: 80% Found: 64% Dairyland Seed Co Inc, West Bend, WI 16 15 Soybeans, Lot # 029521K, Insp. # 100712 Germination Claim: 90% Found: 81% Dammann’s Lawn & Garden Ctr, Indianapolis, IN 4 4 Danners Hardware, Vevay, IN 2 2 Page 12 Office of Indiana State Chemist & Seed Commissioner Annual Seed Regulatory Report 2010

Table 2. 2010 Inspection of Agricultural and Vegetable Seeds in Indiana Total Samples Total Passed Davidson Greenhouse & Nursery, Crawfordsville, IN 2 2 Davis Nursery & Country Market, Madison, IN 2 2 Davis Nursery & Country Market, Jeffersonville, IN 3 3 Davis Seed Farms Inc, Greens Fork, IN 5 5 Daylight Farm Supply, Evansville, IN 1 1 De Groot Inc., Coloma, MI 1 1 Deer Creek Seed Co., Ashland, WI 2 2 Delong Co. Inc., Clinton, WI 1 0 Lawn Mixture, Lot # L133-10-LAM, Insp. # 101886 Pure Seed Claim Tall fescue: 88.92% Found: 86.69% Devers Market, Indianapolis, IN 3 2 Collards, Lot #:N/A, Insp. #: 102189 Germination Claim: 80% Found: 7% Direct Enterprises, Westfield, IN 15 14 Sweetcorn, Lot #: 75225LF, Insp. #: 101133 Germination Claim: 90% Found: 72% Do It Best Corp., Ft. Wayne, IN 1 1 Total Samples Total Passed E & R Seed, Monroe, IN 9 9 Ebberts Field Seeds Inc, Covington, OH 6 6 Eliason Seed Farm, Centerville, IN 5 5 Elsbury’s Greenhouse, Hope, IN 1 1 Fairmount Pro Hardware, Fairmount, IN 1 1 Farmland General Store, Farmland, IN 2 2 Federal Hybrids Inc., Elgin, IA 9 9 Feed Store & Archery, The, Charlestown, IN 4 3 Eggplant, Lot # N/A, Insp. # 102028 Germination Claim: 60% Found: 44% Ferry-Morse Seed Co, Fulton, KY 106 103 Lettuce, Lot#: F-1, Insp. #: 100967 Germination Claim: 80% Found: 48% Lawn Grass Mix, Lot # L68-8-1031, Insp. # 101307 Germination % C.R. fescue Claim: 85% Found: 63% Mixture, Lot # L68-9-0176, Insp. # 101953 Pure Seed Tall fescue Claim: 24.87% Found: 0% Germination C.R. fescue Claim: 85% Found: 75% Fielder’s Choice Direct, Monticello, IN 7 6 Soybeans, Lot # 50387MT, Insp. # 101148 Germination Claim: 88% Found: 78% Fletcher Feed & Supply Inc., Rising Sun, IN 2 2 Flinn Farms, Bedford, IN 1 1 French’s Hybrids, Inc., Wakeman, OH 2 2 Frontiersmen Inc, Kentland, IN 15 15 Total Samples Total Passed Garden Center, The, Indianapolis, IN 3 3 Garden Gate Greenhouse Inc., Peru, IN 2 2 Garst Seed Co, Slater, IA 4 4 Gary Greenhouse Inc., Indianapolis, IN 1 1 Georgetown Feed & Seed, Georgetown, IN 2 2 Glick, Lynn, Trevor & Brett, Columbus, IN 2 2 Glick Farms Inc, Hartsville, IN 3 3 Golden Harvest Seeds Inc, Waterloo, NE 2 2

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Table 2. 2010 Inspection of Agricultural and Vegetable Seeds in Indiana Total Samples Total Passed Graham Feed Company, Terre Haute, IN 4 4 Grant Line Garden Ctr, New Albany, IN 1 1 Gray’s Seed Inc, Fairland, IN 5 4 Soybeans, Lot # G32912, Insp. # 101603 Germination Claim: 90% Found: 79% Grazing System Supply, Greensburg, IN 1 1 Great Lakes Hybrids, Ovid, MI 4 4 Greathouse Hardware, North Vernon, IN 3 3 Gries Seed Farms, Inc., Fremont, OH 4 2 Oats, Lot # 753, Insp. # 101020 Germination Claim: 90% Found: 29% Oats, Lot # 755, Insp. # 101355 Germination Claim: 90% Found: 60% Gurney’s Seed & Nursery Co., Greendale, IN 2 2 Total Samples Total Passed Handy Pantry Distributors, Springville, UT 2 1 Buckwheat, Lot # 112102HP-BKW-13, Insp. # 101268 Germination Claim: 94% Found: 54% Noxious Weeds Found: Field bindweed Harrells LLC, Lakeland, FL 7 7 Henderson-Reed, Fort Wayne, IN 2 2 Henry Fields Seed & Nursery, Aurora, IN 2 2 Heritage Seeds, Reynolds, IN 35 35 Hernmick Hardware, Van Buren, IN 2 2 Hi Way 3 Pro Hardware, Hartford City, IN 5 5 Higginbotham Seed Co., Inc., Paris, IL 2 2 High Mowing Organic Seeds, Wolcott, VT 3 3 Hoham, Smith and Co Inc, Auburn, IN 3 3 Houck Seed Company, Monroeville, OH 1 1 Hubner Seed Co Inc, West Lebanon, IN 22 22 Hummert Seed, St. Joseph, MI 2 2 Hundley Seed Co, Champlain, VA 2 2 Total Samples Total Passed ICORN.COM, Monticello, IN 16 16 Indiana/Ohio Agri Service, Van Wert, OH 2 2 Isch Seeds Inc, Bluffton, IN 2 2 Total Samples Total Passed J & D Turf, Indianapolis, IN 1 1 Jalenek Garden Center, Gary, IN 3 3 Jansens Fruit Market, Portage, IN 1 1 John Deere Landscapes, Alpharetta, GA 2 2 Johnson Farm Produce, Hobart, IN 2 2 Jonathan Green Inc., Farmingdale, NJ 2 1 Lawn mix, Lot # FG-10-B, Insp. # 102645 Pure Seed Claim Ky Bluegrass: 9.80% Found: 6.97% Total Samples Total Passed Kaiser Hardware, R E, West Harrison, IN 2 2 KB Seed Solutions, Harrisburg, OH 1 1

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Table 2. 2010 Inspection of Agricultural and Vegetable Seeds in Indiana Total Samples Total Passed Kelley’s Greenhouse & Florist, North Vernon, IN 3 2 Cabbage, Lot # N/A, Insp. # 102137 Germination Claim: 75% Found: 44% Kleine Seed Service, Cedar Lake, IN 1 1 Kruse Farm Supply Inc., Bristol, IN 2 2 Total Samples Total Passed L G Seeds, Elmwood, IL 10 10 Lake Valley Seed, Boulder, CO 26 26 Land O’Lakes Inc, Fort Dodge, IA 74 74 Langdon Brothers Seed, Hartford City, IN 3 3 Laughery Valley Ag Coop, Osgood, IN 1 1 Lebanon Seaboard Corp-Seed Div, Denver, PA 1 1 Lenderman Inc, Floyd, Lloyd & Earl, W Terre Haute, IN 1 1 Leo’s Feed & Garden Ctr, Cedar Lake, IN 1 1 Lesco Inc, Cleveland, OH 7 6 Lawn Mix, Lot # M-123-9-573, Insp. # 101671 Pure Seed Claim Per. Ryegrass: 33.04% Found: 26.77% Lewis Hybrids, Ursa, IL 4 4 Lewis Seed Co Inc, Louisville, KY 5 5 Lincoln Springs Garden Center, Georgetown, IN 1 1 Lindy’s Ace Hardware, Hammond, IN 1 1 Livingston Seed Co, The, Columbus, OH 75 73 Garden bean, Lot # N/A, Insp. # 100794 Germination Claim: 75% Found: 22% Cabbage, Lot # N/A, Insp. # 102171 Germination Claim: 75% Found: 41% Lord Seed Farms, Walton, IN 4 4 Loveland Products, Greely, CO 31 30 Wheat, Lot # MQC8007T, Insp. # 102379 Seed Count Claim: 13,100/lb Found: 12,142/lb Lynch’s Garden Center, Brazil, IN 3 3 Total Samples Total Passed MW Sales, Portland, IN 2 1 Chives, Lot # N/A, Insp. # 102072 Germination Claim: 50% Found: 29% Malfait Bros. Farms, Woodburn, IN 6 6 Marengo Farm & Home Supply, Marengo, IN 3 2 Parsnip, Lot # N/A, Insp. # 102009 Germination Claim: 60% Found: 0% Marions Greenhouse LLC, Deputy, IN 3 3 Mark Seed Company, Perry, IA 1 1 Martin Hardware, Nappanee, IN 2 2 Martin Seed & Supply, Ron, Elkhart, IN 4 4 Martin Seeds Inc, Williamsport, IN 7 6 Wheat, Lot # 2, Insp. # 102524 Germination Claim: 85% Found: 57% Martin’s Pet & Garden Ctr, Elkhart, IN 3 3 Martins Hardware & Automotive, Russiaville, IN 1 1 Marysville True Value Hardware, Marysville, IN 2 2 Masters Choice, Inc., Anna, IL 4 4 Mathies Landscape, Shelbyville, IN 3 3 Mathys Farm Market, South Bend, IN 2 2

Page 15 Office of Indiana State Chemist & Seed Commissioner Annual Seed Regulatory Report 2010

Table 2. 2010 Inspection of Agricultural and Vegetable Seeds in Indiana Total Samples Total Passed McCabes Greenhouse & Floral, Lawrenceburg, IN 1 1 McIntosh Greenhouse & Garden Center, Goshen, IN 2 1 Creeping Red Fescue, Lot # MF8-098, Insp. # 101548 Pure Seed Claim: 98.35% Found: 96.55% McKillip Seeds Inc, Wabash, IN 5 5 Meadowland Corp, Halsey, OR 3 2 Mixture, Lo# 6000-9348, Insp.# 100077 Germnation Claim Kentucky Bluegrass: 80% Found: 70% Germination Claim Fine Fescues: 85% Found: 70% Merit Seeds, Berlin, OH 1 0 Mixture, Lot # WB118, Insp. # 102523 Pure Seed Claim L. clover: 44.71% Found:31.66% Pure Seed Claim Alfalfa: 21.27% Found: 13.94% Merrilees Trustworthy Supply, Milan, IN 1 1 Michaels Farm Market, Marion, IN 3 3 Miles Seed Co, Owensboro, KY 3 3 Miller Seed Farms, Attica, OH 2 2 Miller’s Hardware & Garden Ctr, Salem, IN 3 3 Missouri-Southern Seed Corp., Rolla, MO 1 1 Mister Hardware, Hanover, IN 3 3 Mister Hardware, Georgetown, IN 1 1 Monsanto Co, St Louis, MO 117 115 Soybeans, Lot # 7709SEJP1, Insp. # 101651 Seed Count Claim: 3,040/lb Found: 2907/lb Corn, Lot # 371D7X3JX, Insp. # 100332 Germination Claim: 95% Found: 83% Moore Seed Farm, Elsie, MI 1 1 Mossy Oak Bio-Logic, West Point, MS 4 4 Mountain View Seeds LTD, Salem, OR 3 3 Mycogen Seeds, Indianapolis, IN 9 8 Soybeans, Lot # YA205643BY, Insp. # 101640 Germination Claim: 90% Found: 81% Total Samples Total Passed Nadine’s Garden House & Floral, Booneville, IN 2 2 Natures Crossroads, Bloomington, IN 7 6 Lettuce, Lot # 93659, Insp. # 101730 Germination Claim: 95% Found: 87% New Washington Hardware, New Washington, IN 3 3 Niccum Seeds, Rushville, IN 10 10 Nobbe Seeds, Greensburg, IN 4 2 Wheat, Lot # NS1410, Insp. # 102475 Germination Claim: 85% Found: 74% Wheat, Lot # NS-1410, Insp. # 102581 Germination Claim: 85% Found: 74% North Central Cooptrv., Kewanna, IN 1 1 Northgate True Value Hardware, Anderson, IN 3 3 Nu Tech Seed LLC, Nevada, IA 2 2 Nursery, The, Marion, IN 3 3 Total Samples Total Passed Olds Garden Seeds, Madison, WI 44 43 Garden bean, Lot # C6, Insp. # 101751 Germination Claim: 75% Found: 34% Orscheln Farm & Home, Bloomington, IN 1 1 Osborn Seed Co, Culver, IN 5 5 Total Samples Total Passed Page 16 Office of Indiana State Chemist & Seed Commissioner Annual Seed Regulatory Report 2010

Table 2. 2010 Inspection of Agricultural and Vegetable Seeds in Indiana Total Samples Total Passed Page Seed Co, The, Greene, NY 33 32 Mustard, Lot # 445-5190, Insp. # 100802 Germination Claim: 75% Found: 42% Parke Seeds Inc, Marshall, IN 17 16 Soybeans, Lot # PS9, Insp. # 101014 Seed Count Claim: 2500/lb Found: 2365/lb Pell’s Home Center, Brazil, IN 2 2 Pennington Seed Co, Lebanon, OR 1 1 Pennington Seed Co, Greenfield, MO 9 6 Lawn Mix, Lot # 93SMTFB02G, Insp. # 102177 Pure Seed Claim KyBlue: 9.84% Found: 5.78% Lawn Mix, Lot # OZBSC00G, Insp. # 102358 Pure Seed Claim T. fescue: 68.00% Found: 60.36% Tall Fescue, Lot # 93RBTF01, Insp. # 100961 Pure Seed Claim: 97.50% Found: 95.77% Performance Seed, St Cloud, MN 5 5 Petlinks, San Rafael, CA 1 1 Pioneer Hi Bred Interntl Inc, Johnston, IA 109 109 Plantation Products, Norton, MA 69 64 Parsley, Lot # R1, Insp. # 100478 Germination Claim:60% Found: 30% Parsley, Lot # R1, Insp. # 100959 Germination Claim: 60% Found: 18% Lettuce, Lot # R1, Insp. # 101578 Germination Claim: 80% Found: 38% Lettuce, Lot # RR1, Insp. # 101565 Germination Claim: 80% Found: 63% Endive, Lot # R1, Insp. # 100306 Germination Claim: 70% Found: 54% Point Hardware, Floyds Knobs, IN 2 2 Portland True Value Hardware, Portland, IN 2 2 Posey Co. Farm Bureau Coop., Mt.Vernon, IN 1 1 Powell Seeds, Converse, IN 7 7 Prible Ag Products, Poneto, IN 1 1 Price’s Garden Center, Marion, IN 5 5 Prince Corp, Marshfield, WI 9 9 Pro Green Garden Center, Crawfordsville, IN 3 2 Parsley, Lot # N/A, Insp. # 101826 Germination Claim: 60% Found: 1% Producers Choice, Jordan, MN 2 2 Total Samples Total Passed Ragan & Massey Inc., Ponchatoula, LA 3 2 Tall fescue, Lot # 3283, Insp. # 102409 Germination Claim: 85% Found: 53% RAL Landscape & Garden Center, Crown Point, IN 1 1 Remus Farms, Hobart, IN 3 3 Renee’s Garden, Felton, CA 7 7 Republic Ice & Produce, Martinsville, IN 4 4 Richmond’s Feed Service Inc, Wakarusa, IN 2 2 Roachdale Hardware, Roachdale, IN 3 3 Robins Nest, Boonville, IN 2 2 Rosemeyer’s Plants, West Harrison, IN 2 2 Ruhe Seeds, Ed, Brazil, IN 5 5 Rural King, Evansville, IN 4 4 Rural King, Martinsville, IN 1 1

Page 17 Office of Indiana State Chemist & Seed Commissioner Annual Seed Regulatory Report 2010

Table 2. 2010 Inspection of Agricultural and Vegetable Seeds in Indiana Total Samples Total Passed Rural King Supply Inc, Mattoon, IL 29 25 Mixture, Pasture, Lot# 07091, Insp.# 100602 Pure Seed Claim Tall Fescue: 14.84% Found: 10.39% Pure Seed Claim Orchardgrass: 7.35% Found: 4.07% Tall Fescue, Lot # 9-207, Insp.# 100603 Germination Claim: 85% Found: 76% Tall Fescue, Lot # 9-255, Insp. # 101507 Noxious Weed Claim Curled Dock: 18/lb Found: 45/lb Tall Fescue, Lot # 9066, Insp. # 101508 Noxious Weed Claim Pennycress: none Found: 23/lb Total Samples Total Passed Sapper’s Market & Greenhouse, Hobart, IN 4 4 SAS Group, Inc., Tarrytown, NY 1 1 Schlessman Seed Company, Milan, OH 1 1 Schneider Feed & Seed, North Vernon, IN 1 1 Schultz Turf & Forage Seed, Dieterich, IL 3 3 Scotts Ace Hardware, Scotttsburg, IN 3 3 Scotts Company, The, Marysville, OH 7 7 Seed Consultants Inc, Washington Cthse, OH 16 15 Soybeans, Lot # 2220, Insp. # 101639 Germination Claim: 90% Found: 82% Seeds of Change, Santa Fe, NM 4 4 Select Seed Hybrids, Camden, IN 11 11 Settlemyre Seed Company, Clarksville, OH 1 1 Shockney Seed Service Inc, Farmland, IN 11 11 Siemer Enterprises Inc, Teutopolis, IL 4 4 Silver Lane Hybrids Inc, Remington, IN 24 22 Wheat, Lot # 10689125, Insp. # 102470 Germination Claim: 80% Found: 9% Soybeans, Lot # 28998120, Insp. # 100417 Seed Count Claim: 2670/lb Found: 2548/lb Skiles Orchard & Farm Market, Rossville, IN 3 3 Southern States Cooprtv, Richmond, VA 5 5 Specialty Hybrids Inc, West Lafayette, IN 33 33 Squirrel Creek Bulk Foods, Roann, IN 2 2 Stewart Seeds Inc, Greensburg, IN 52 50 Soybeans, Lot# 21331, Insp. # 100931 Germination Claim: 90% Found: 78% Soybeans, Lot# 21272, Insp. # 100941 Germination Claim: 90% Found: 77% Steyer Seeds, Tiffin, OH 35 35 Stine Seed Company, Adel, IA 43 43 Stuttgart Seed Co., Stuttgart, AR 1 1 Summer Kitchen Greenhouse, Seymour, IN 3 3 Sunrise Farms, Rushville, IN 2 2 Sunset Ridge Inc., Bennington, IN 1 1 Sunstar Hybrids, Culver, IN 26 25 Corn, Lot # 616, Insp. # 101225 Seed Count Claim: 80000 Found: 78215 Superior Ag Resources, Huntingburg, IN 4 4 Syngenta Seeds Inc, Minneapolis, MN 46 46 Syngenta Seeds Inc, Berthoud, CO 2 2 Total Samples Total Passed Target Corporation, Minneapolis, MN 3 3 Tecomate Seed, Tangent, OR 2 2 Page 18 Office of Indiana State Chemist & Seed Commissioner Annual Seed Regulatory Report 2010

Table 2. 2010 Inspection of Agricultural and Vegetable Seeds in Indiana Total Samples Total Passed Tenbarge Seed Co, Haubstadt, IN 9 8 Tall fescue, Lot # 209-01255, Insp. # 101475 Pure Seed Claim: 99.79% Found: 98.24% Thompson & Morgan Seedsmen Inc, Jackson, NJ 13 13 Tops Hardware Home Ctr, Greensburg, IN 2 2 Treelan Landscape Supply, Roanoke, IN 3 3 True Value Hardware, Wabash, IN 2 2 Turfgrass Inc., Indianapolis, IN 1 1 Turner Seed Co Inc of KY, Winchester, KY 3 3 Turner Seed Inc, Lavergne, TN 10 9 Rye, Lot # 9700, Insp. # 102601 Germination Claim: 85% Found: 76% Total Samples Total Passed UAP Distribution Inc, Greeley, CO 16 16 Uhl’s Feed & Small Engine, Corydon, IN 2 2 United Seed Production, King of Prussia, PA 1 0 Lawn Mixture, Shade, Lot # U488-8-22494, Insp. # 101539 Pure Seed Claim: 73.60% Found: 69.32% Unity Seeds, Kentland, IN 28 26 Corn, Lot # 5685 A3, Insp. # 101786 Germination Claim: 94% Found: 79% Corn, Lot # 5685A3, Insp. # 100865 Germination Claim: 94% Found: 83% Upland True Value Hardware, Upland, IN 2 2 Total Samples Total Passed Varn’s & Hoover, Middlebury, IN 1 1 Vision Ag Inc., Rensselaer, IN 2 2 Total Samples Total Passed W L Research, Madison, WI 4 4 Wabash General Store, Wabash, IN 2 2 Wabash Valley Hybrids, Marshall, IN 2 2 Wahleithner Seed Farms LLC, White Lake, WI 1 1 Weaver Popcorn Co Inc, Van Buren, IN 7 7 Weber Greenhouse, Sunman, IN 2 2 Weeks Seed Co Inc, Greenville, NC 20 20 Wellman Seeds Inc., Delphos, OH 1 1 Westville Farm Supply, Westville, IN 2 2 Wetsel Seed Co, The, Harrisonburg, VA 21 19 Lettuce, Lot # N/A, Insp. # 101686 Germination Claim: 80% Found: 2% Lettuce, Lot # 109, Insp. # 101723 Germination Claim: 80% Found: 65% What-A-Rack Wildlife Products, Greensburn, IN 4 4 White River Cooprtv, Bloomington, IN 5 5 Whitetail Acres Inc., Brookville, IN 2 2 Whitetail Inst of North America, Pintlala, AL 2 2 Winfield Solutions LLC, St. Paul, MN 73 69 Tall fescue, Lot # B18-8-24TF, Insp. # 101233 Pure Seed Claim: 99.41% Found: 96.48% Rd fescue, Crp red,Lot # M31-9-1PEN,Insp. # 102513 Pure Seed Seed Claim: 99.14% Found: 96.18% Wildlife Mix, Lot # BB39, Insp. # 102352 Germination Claim L. clover: 90% Found: 81% Tall fescue, Lot # B18927TF, Insp. # 102514 Pure Seed Claim: 98.78% Found: 97.44% Wolf River Valley Seeds, Whitelake, WI 1 1 Page 19 Office of Indiana State Chemist & Seed Commissioner Annual Seed Regulatory Report 2010

Table 2. 2010 Inspection of Agricultural and Vegetable Seeds in Indiana Total Samples Total Passed Wyatt Seed Co Inc, Petersburg, IN 12 10 Lawn Grass Mix, Lot # T-35250, Insp. # 101182 Pure Seed Claim Fine Fescue: 72.00% Found: 55.42% Lawn Grass Mix, Lot # 821C-1, Insp. # 102388 Germination Claim C.R.fescue: 85% Found: 6% Wyckoff Hybrids Inc, Valparaiso, IN 14 14 Total Samples Total Passed X-Seed, Clearlake, MN 13 12 Lawn Grass Mix, Lot # T-9680123, Insp. # 100316 Germination Claim Ky Bluegrass: 80% Found: 1% Germination Claim C.R Fescue: 84% Found: 2% Germination Claim Ryegrass: 85% Found: 12%

Total Samples Total Passed Yerks Seed Inc, Woodburn, IN 5 5

Total Samples Total Passed Zahl’s Elevator & Feed Mill, New Carlisle, IN 1 1

2010 SAMPLE SUMMARY

Total Passed % Passed Official Samples Tested: 2,650 2,532 95.5% Service Samples Tested: 1,032 Total Samples Tested: 3,682

Total Seedsmen Sampled: 316 Total Indiana Seed Permit Holders: 327

Page 20 Office of Indiana State Chemist & Seed Commissioner Annual Seed Regulatory Report 2010

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Appendix A. News Releases Summarizing USDA Federal Seed Act Cases in 2010 Settled With the Assistance of the Indiana Seed Control Program

Seed Regulatory and Testing Services The Seed Regulatory and Testing Branch enforces interstate commerce provisions of the Federal Seed Act and provides seed testing service under the Agricultural Marketing Act.

Federal Seed Act • The Federal Seed Act regulates the interstate shipment of agricultural and vegetable seeds. • The FSA requires that seed shipped in interstate commerce be labeled with information that allows seed buyers to make informed choices. • Seed labeling information and advertisements pertaining to the seed must be truthful. • The FSA helps promote uniformity among State laws and fair competition within the seed trade.

Complaints Under the Federal Seed Act Complaints involving mislabeled seed are submitted to the Branch for investigation. Most complaints are submitted by State seed control officials through existing cooperative agreements. They may be submitted by anyone. Regulatory action is taken against the interstate shipper, when the violation is confirmed. State inspectors routinely inspect and sample seed shipments being marketed in their States.

Information on interstate shipments found to be mislabeled may be submitted to the Seed Regulatory and Testing Branch for action, such as: • letter of warning for minor violations and technical violations • monetary penalty for serious violations

USDA FEDERAL SEED ACT ENFORCEMENT OISC submitted samples and supportive documentation collected on 21 cases of apparent violations of the Federal Seed Act to the USDA Seed Regulatory & Testing Branch during 2010. These cases represented shipments of seed made into Indiana by out-of-state shippers. Final settlement of cases was achieved during 2010 on seed lots with settlement fines totaling $44,825 involving 5 interstate shippers.

Page 21 Office of Indiana State Chemist & Seed Commissioner Annual Seed Regulatory Report 2010

Summary of Cases Involving Indiana Action • AMS No. 019-10, Georgia Firm Pays $16,250 to Settle Seed Case, Feb. 18, 2010 • AMS No. 020-10, Oregon Firm Pays $2,600 to Settle Seed Case, Feb. 18, 2010 • AMS No. 227-10, Georgia Firm Pays $21,775 to Settle Seed Case, Nov. 10, 2010 • AMS No. 002-11, Missouri Firm Pays $2,275 to Settle Seed Case, Jan. 07, 2011 • AMS No. 231-10, Kentucky Firm Pays $1,925 to Settle Seed Case, Nov. 15, 2010

Georgia Firm Pays $16,250 To Settle Seed Case AMS No. 019-10 Nadine Wilkins (202) 720-8998 [email protected] Billy Cox (202) 720-8998 [email protected]

WASHINGTON, Feb. 18, 2010 - The U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) today announced that Pennington Seed Inc., a seed company operating out of Madison, Ga., has paid $16,250 to settle alleged violations of the Federal Seed Act. The company settled the case in agreement with AMS officials. The company neither admitted nor denied the charges brought against them.

This settlement resolves a case which involved nine shipments of grass seed mixtures to Georgia, Indiana, Maryland, Michigan, Nebraska, Ohio, Pennsylvania, and Tennessee. Portions of the shipments to Maryland, Ohio, Pennsylvania, and Tennessee, were subsequently shipped to Indiana, Kentucky, and Pennsylvania, where the seed was officially sampled. Four shipments of tall fescue seeds were shipped to Georgia and Texas. Two shipments of perennial ryegrass seeds were shipped to Georgia and Indiana. A portion of the shipment to Indiana was subsequently shipped to Kentucky where it was officially sampled. The alleged violations, while not the same for all shipments, were as follows: false labeling of pure and other crop seed percentages, germination percentages, date of test, noxious- weed seeds rate of occurrence, and variety name; failure to label the presence of noxious-weed seeds and to label as a mixture; and failure to keep or supply complete records of the seed.

AMS administers the act with the help of state seed officials. Seed regulatory officials in Georgia, Indiana, Kentucky, Michigan, Nebraska, Pennsylvania, and Texas cooperated with AMS in making the investigations. The Federal Seed Act is a truth-in-labeling law designed to protect farmers and consumers who buy seed.

Oregon Firm Pays $2,600 To Settle Seed Case AMS No. 020-10 Nadine Wilkins (202) 720-8998 [email protected] Billy Cox (202) 720-8998 [email protected]

WASHINGTON, Feb. 18, 2010 - The U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) today announced that Smith Seed Services, a seed company operating out of Halsey, Ore.,

Page 22 Office of Indiana State Chemist & Seed Commissioner Annual Seed Regulatory Report 2010

has paid $2,600 to settle alleged violations of the Federal Seed Act. The company settled the case in agreement with AMS officials. The company neither admitted nor denied the charges brought against them.

This settlement resolves a case which involved two shipments of a grass seed mixture to Indiana and Michigan and one shipment of annual ryegrass seeds to Tennessee. A portion of the shipment to Tennessee was reshipped to Georgia, where it was officially sampled.

The alleged violations, while not the same for all shipments, were: false labeling of pure seed percentages and as to being a uniform “lot of seed”; and failure to label the presence of noxious-weed seeds. AMS administers the act with the help of state seed officials. Seed regulatory officials in Georgia, Indiana, and Michigan cooperated with AMS in making the investigations. The Federal Seed Act is a truth-in-labeling law designed to protect farmers and consumers who buy seed.

Georgia Firm Pays $21,775 To Settle Seed Case AMS No. 227-10 Nadine Wilkins (202)720-8998 [email protected]

WASHINGTON, Nov. 10, 2010 – The U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) today announced that Pennington Seed Inc., a seed company operating out of Madison, Ga., has paid $21,775 to settle alleged violations of the Federal Seed Act. The company settled the case in agreement with AMS officials. The company neither admitted nor denied the charges brought against them.

This settlement resolves a case which involved 11 shipments of grass seed mixtures to Alabama, Georgia, Indiana, Kentucky, Maryland, Minnesota, Ohio, and Pennsylvania. Portions of the shipments to Alabama and Maryland were subsequently shipped to Indiana and Pennsylvania, where the seed was officially sampled. Six shipments of tall fescue seeds were shipped to Alabama and Georgia. A portion of the shipment to Alabama was subsequently shipped to Kentucky where it was officially sampled. Two shipments of annual ryegrass seeds were shipped to Georgia and Texas. One shipment of India mustard seeds was shipped to Georgia. The alleged violations, while not the same for all shipments, were as follows: -false labeling of pure, weed, and other crop seed percentages, germination percentages, date of test, the presence of noxious-weed seeds and rate of occurrence, origin, kind, and variety name; -failure to label the component of a mixture; -shipping seed containing noxious-weed seeds in excess of State’s limit; -failure to keep or supply complete records of the seed; and -falsely labeling a seed mixture as a variety name.

AMS administers the act with the help of state seed officials. Seed regulatory officials in Georgia, Indiana, Kentucky, Minnesota, Ohio, Pennsylvania, and Texas cooperated with AMS in making the investigations. The Federal Seed Act is a truth-in-labeling law designed to protect farmers and consumers who buy seed.

Page 23 Office of Indiana State Chemist & Seed Commissioner Annual Seed Regulatory Report 2010

Missouri Firm Pays $2,275 To Settle Seed Case AMS No. 002-11 Nadine Wilkins (202)720-8998 [email protected]

WASHINGTON, Jan. 7, 2011 – The U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) today announced that Creative Garden Concepts, a seed company operating out of Grandview, Mo., has paid $2,275 to settle alleged violations of the Federal Seed Act. The company settled the case in agreement with AMS officials. The company neither admitted nor denied the charges brought against them.

This settlement resolves five cases that involved five shipments of vegetable seed to Indiana. The alleged violations, while not the same for all shipments, were as follows: -false labeling as to germination percentage; -failure to test for germination within five months prior to interstate shipment; -incorrect labeling of kind names; and -failure to label by variety name.

AMS administers the Federal Seed Act with the assistance of state seed officials. The investigation was completed through the joint efforts of AMS and seed regulatory officials in Indiana. The Federal Seed Act is a truth-in-labeling law designed to protect farmers and consumers who buy seed.

Kentucky Firm Pays $1,925 To Settle Seed Case AMS No. 231-10 Nadine Wilkins (202)720-8998 [email protected]

WASHINGTON, Nov. 15, 2010 – The U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) today announced that Ferry-Morse Seed Company, a company operating out of Fulton, Ky., has paid $1,925 to settle alleged violations of the Federal Seed Act. The company settled the case in agreement with AMS officials. The company neither admitted nor denied the charges brought against them.

This settlement resolves three cases that involved two shipments of lettuce seed to Indiana and one shipment of carrot seed to North Carolina. The alleged violations, while not the same for all shipments, were as follows: -false labeling as to variety name; -false labeling as to the germination percentage; -failure to test for germination within 5 months, prior to interstate shipment; and -failure to keep or supply complete records of seed shipped in interstate commerce.

Page 24 Office of Indiana State Chemist & Seed Commissioner Annual Seed Regulatory Report 2010

OOUURR PPEEOOPPLLEE INDIANA SEED REGULATORY PROGRAM STAFF The success and effectiveness of our program is due to the dedication and support of our staff involved in laboratory testing and field inspection. The following individuals provide that support. Our laboratory program staff in alphabetical order:

Laura Donaldson, Senior Analyst Laura began her career in the State Seed Laboratory in January of 1996 and was trained in germination testing initially. Laura obtained her accreditation in AOSA for germination testing in June of 1997, and purity testing in June of 2005. She functions as the lead analyst in the laboratory and is responsible for training of new staff members and overall laboratory operations. She also is responsible for all “trait” testing performed in the laboratory.

Minoo Faghihi, Laboratory Technician VI Minoo was hired in February of 2005 as an analyst trainee in the laboratory and provides valuable assistance in our seed purity testing in the laboratory. In her present role, she focuses on basic seed purity testing, seed count testing and other associated activities in the State Seed Laboratory.

Jodi Small, Laboratory Technician VI Jodi was hired in March of 2005 as an analyst trainee and has become an important member of our germination testing team. Her main focus is in viability testing of all species coming into the laboratory, conducting warm germination tests on both agricultural and vegetable crop kinds. She is also involved in bioassay testing for varietal traits and tetrazolium testing.

Carol Sprague, Seed Laboratory Secretary Carol has been working in her present position as secretary to the seed laboratory and seed administrator since 1981. In her role, she is responsible for data entry of all sample information that is submitted and for printing all analysis reports of samples tested in the laboratory. She so functions as the laboratory receptionist for visitors who stop by or phone in questions and responses regarding testing results.

Page 25 Office of Indiana State Chemist & Seed Commissioner Annual Seed Regulatory Report 2010

FIELD STAFF Our inspectors serve as the field representative for our agency. As such, an inspector is charged with effectively communicating and enforcing laws, rules, and policies of the agency, inspecting facilities, reviewing records, collecting samples, collecting and documenting evidence, issuing regulatory orders, and completing necessary reports for the administrative and laboratory programs.

Brett Groves, Chief Inspector

Joyse Banister – Inspector, Southeast Sector Joyse has been with the office since the Spring of 1995. She has a B.S. in Animal Sciences from Purdue University. Her district is the southeast part of Indiana, from Indianapolis to the Ohio River.

Vince Glose – Urban & Agricultural Products Inspector Vince Glose is our small package inspector and covers the entire state. He visits mainly retail stores, takes small package samples of feed, seed and fertilizer products, check the labels, checks for registration and sends the samples to the lab for analysis. Vince graduated with a B.S. in Agriculture Economics with Distinction from Purdue University in 1969.

Ken Neuhoff – Inspector, Northwest Sector Ken came to us from Pulaski Farm Bureau Co-op where he was a branch manager. Ken has a B. S. in Agriculture from Purdue. The area that Ken covers is the Northwest portion of the state.

Tom Smith – Inspector, West Central Sector Tom started with this office in the summer of 1999. Tom received a B. S. in Agriculture Education at Purdue University and is a Certified Crop Advisor. Tom's area is the West Central part of the state.

Julie Stephens – Inspector, Southwest Sector Julie covers the Southwest part of Indiana from Terre Haute to Evansville. Julie joined our staff in 1994. She has a B.S. degree in Animal Sciences from the University of Illinois. Before joining our staff, she was engaged in livestock and grain production on the family farm.

Charles Thomas – Inspector, Northeast Sector Charles started out at Purdue in 1987 as a laboratory technician for the Animal Science Department. He joined OISC in 2000 as a chemist for the Pesticide Formulation Section and accepted his current role as inspector on July 1, 2005. He is a Purdue graduate with a M.S. in Animal Science. Charles covers the Northeast section of Indiana.

Bob Wakeman – Inspector, East Central Sector Our inspector for the East-Central region of Indiana is Bob Wakeman. Bob started with the Office in January 2003. He is a Purdue graduate with a B.S. in Agriculture, Farm Business and Management.

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