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Seed licensing

SEED LICENSING PROGRAM GENERAL OVERVIEW

The AR Seed Program ensures agricultural seed sold in Arkansas is properly labeled, tested, and meets required quality standards. Field inspectors collect random samples, check labeling requirements, and help protect buyers from mislabeled or poor-quality seed. Agricultural seed for planting purposes includes the seeds of grass, forage, cereal, fiber crops such as hemp, and any other seeds commonly recognized within Arkansas as agricultural seed and mixtures of such seeds. Garden and lima beans, spinach, mustard, turnip, and garden pea seed are considered agricultural seed when in containers of 25 pounds or more.

Anyone selling or distributing agricultural seed for planting into, within, or out of Arkansas must have a valid Seed Dealer/Labeler’s License from this program, submit tonnage reports, and follow all seed labeling requirements. The seed labeler or distributor is responsible for compliance with Arkansas Seed Laws/Rules. Violations are appropriately investigated by the Department and are classified as either major or minor offenses from routine compliance inspections and complaints from individuals. The Department’s enforcement for major offenses may result in civil penalties against found violators.

SEED LICENSING & LABELING REQUIREMENTS

Any person or entity selling, offering for sale, or distributing agricultural seed within or into Arkansas must be licensed as an AR Seed Dealer/Labeler, submit tonnage reports and fees, and follow all labeling requirements. 

  • Licenses are valid from July 1st through June 30th of each year (Fiscal Year).
  • Licenses cost $250 per location, plus $0.10 per hundred pounds sold.
  • Labels must include the kind and variety, lot number, germination, purity, and noxious weeds per pound.
  • All labeling and sales must comply with AR SEED SALE RULES.
  • Labeling information on bulk seed sales must accompany each and every sale, documented on invoices, tags, or separate sheets of paper.
  • If seed is treated with products, there are additional, very important requirements for labeling.
  • A “complete seed analysis” is required to provide labeling information for all agricultural seed for planting purposes, whether stored in bulk or bagged.
  • Companies with subsidiaries with different names must have separate licenses for each name, but only if labeled seed from that location is distributed into or within Arkansas.

Agricultural seed labels must include germination rates, noxious weed content, inert material percentage, and other quality indicators. The Department’s inspectors collect seed samples statewide and enforce stop-sale orders for mislabeled or noncompliant seed. Prohibited noxious weed content results in automatic stop-sale and removal from commerce.

A “Seed Certification Permit” is not required if an AR Seed Dealer/Labeler License has been obtained.

Licenses must be renewed by June 30th of each year.

EXCEPTIONS FOR LICENSING:

  • An individual that grows 100 acres or less of certified seed and only sells their own production of bagged and tagged AR Certified Seed.
  • You only sell seed that has already been sampled and tested by the AR Department of Agriculture, and labels have been printed only by the Department.
    • Only a Department inspector may collect the sample from cleaned, bagged seed for this labeling purpose.
    • You must also indicate the variety type, using a provided “DECLARATION OF VARIETY FOR NON-CERTIFIED SEED” form. 
  • You only sell seed that you obtained from an already licensed AR Seed Dealer/Labeler that is in full compliance with associated rules/laws.

ARKANSAS SEED LAW & RULES FOR SALE OF SEED

DEPARTMENT RULES WEBPAGE

The AR Seed Law and subsequent rules establish:

  • Licensing and fee requirements for seed dealers and labelers
  • Mandatory labeling standards
  • Regulatory sampling and inspection authority
  • Penalties for violations or deficient labeling
  • Requirements for official laboratory testing
  • Stop-sale authority and enforcement procedures

Please review the entire Act and associated Rules, located at the links above. Ensure you pay close attention to all labeling and legal requirements.

SEED ENFORCEMENT BY DEPARTMENT

  • Official regulatory samples are collected by the Department and tested to determine if label claims are within tolerated testing ranges.
  • When seed is tested and found ranges do not match those claimed on the label, the seed is considered mislabeled.
  • Department inspectors issue stop-sale notices for mislabeled seed, missing labels, or unlicensed sales. Sales may not resume until released in writing by the Department.
  • The Department manages routine audits of seedsmen, as well as field inspections where agricultural seed is sold.
  • Compliance audits may lead to investigation and possibly civil penalties for major violations.
  • The Federal Seed Act also applies to interstate seed shipments.
  • The seed dealer/labeler is ultimately responsible for compliance with Arkansas Seed Laws/Rules on the sale and distribution of agricultural seed.
  • Report information on suspected seed law/rule violations to [email protected].

HEMP SEED SALES WITHIN, INTO, OR THROUGH ARKANSAS

  • Viable hemp seed for planting purposes is controlled in Arkansas by associated Hemp and Seed Rules/Laws.
  • In Arkansas, only a Hemp Grower Licensee may purchase or possess viable hemp seed.
  • It is unlawful to purchase or sell viable hemp seed into or within Arkansas without the appropriate Hemp Grower License.
  • Out-of-State Hemp Seed Companies must still obtain the AR Seed Dealer/Labeler License, while jointly holding an issued and accurate Hemp Grower License from your state’s department of agriculture or the USDA Hemp Program. Out-of-State Hemp Seed Companies must also follow any and all rules/laws associated with their originating state.
  • If viable hemp seed for planting purposes will be traveling through the state of Arkansas, please review the AR Hemp Program’s RESTRICTIONS ON SALE OR TRANSFER webpage prior to shipment or transfer through the state.
  • It is your responsibility to ensure AR Seed and Hemp Laws/Rules are being adhered to, please review them carefully.
  • For more information, review the AR HEMP PROGRAM WEBPAGES or contact [email protected].
  • Report suspected violations to [email protected].

PLANT VARIETY PROTECTION & SAVING/SELLING STORED SEED IN ARKANSAS

  • Many crop varieties (especially rice) have been protected by the Plant Variety Protection (PVP) Laws or associated patents.
  • Patented Varieties cannot be saved for planting or selling.
    • Check with the Variety’s original owner or your seed dealer source for any requirements associated with saving/selling patented varieties.
    • Some patented varieties are protected in law by PVP and must be sold by variety name as a class of certified seed.

Plant Variety Protection (PVP) Information:

  • The Plant Variety Protection Act (PVPA) was established in the U.S. in 1994.
  • A farmer must have full express permission from the patented variety owner to sell the seed.
  • Varieties that have been additionally protected under Title V of the PVPA must be sold as bagged & tagged Certified Seed.
  • All PVPA protected varieties must be sold by variety name.
  • A farmer can still save and plant seed on their own farm.
  • A buyer of a PVP protected variety for use in non-reproductive purposes such as grain, may not convert that grain to productive purposes.
  • Some older varieties (for example in rice: Bengal and Cypress) are not required to have received a certified class in order to sell for planting.

SEED FORMS & FEES

All AR Seed Programs Forms are located on this webpage:

SEED PROGRAM FORMS WEBPAGE

Forms submitted via post mail: Mail your check or money order with the associated form to the Department.

LICENSING & TONNAGE FEES:

  • AR Seed Dealer/Labeler License: 250.00 annually plus Tonnage Fee below
    • Subsidiary Location(s) of Same Name:                     $250.00 annually Per Location
    • Subsidiary Location(s) of Different Name: $250.00 annually Per Location plus Tonnage Fee below
  • Tonnage Fee(s) due each Quarter:                                        $0.10 per 100 LBS of seed sold

SUPPORT / RESOURCES

Email questions to [email protected] or call (501) 219-6345.