Notice of Request for Extension and Revision of Currently Approved Information Collection

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket No. LS-97-010]

Notice of Request for Extension and Revision of Currently

Approved Information Collection

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44

U.S.C. Chapter 35), this notice announces the Agricultural Marketing

Service's (AMS) intention to request an extension for and revision to a

currently approved information collection for Federal Seed Act Labeling

and Enforcement.

DATES: Comments on this notice must be received by March 16, 1998, to

be assured of consideration.

ADDITIONAL INFORMATION OR COMMENTS: Contact James P. Triplitt, Chief,

Seed Regulatory and Testing Branch (SRTB), Livestock and Seed Program,

AMS, Room 209, Building 306, BARC-E., Beltsville, Maryland 20705-2325,

telephone (301) 504-9430, FAX (301) 504-5454.

SUPPLEMENTARY INFORMATION:

Title: Federal Seed Act Program.

OMB Number: 0581-0026.

Expiration Date of Approval: June 30, 1998.

Type of Request: Extension and revision of currently approved

information collection.

Abstract: This information collection is necessary to conduct of

the Federal Seed Act (FSA) (7 U.S.C. 1551 et seq.) program with respect

to certain testing, labeling, and recordkeeping requirements of

agricultural and vegetable seeds in interstate commerce.

The FSA, Title II, is a truth-in-labeling law that regulates

agricultural and vegetable planting seed in interstate commerce. Seed

subject to the FSA must be labeled with certain quality information and

it requires that information to be truthful. The Act prohibits the

interstate shipment of falsely advertised seed and seed containing

noxious-weed seeds that are prohibited from sale in the State the seed

into which the seed is being shipped.

Besides providing farmers and other seed buyers with information

necessary to make an informed choice and protect the buyer from buying

mislabeled seed, the FSA promotes fair competition within the seed

industry. It also encourages uniformity in labeling, aiding the

movement of seed between the States. Because seed moving in interstate

commerce must be labeled according to the FSA, most State laws have

seed labeling requirements similar to those of the FSA, causing more

uniformity of State laws.

Although anyone can submit a complaint to the SRTB, the FSA is

primarily enforced through cooperative agreements with the States.

State seed inspectors inspect and sample seed

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where it is being sold. They send a sample of the seed and a copy of

the labeling to the State seed laboratory where the sample is tested

and the analysis compared with the label. When violations are found,

State personnel may take corrective action such as issuing a stop sale

order to keep the seed from being sold until it is correctly labeled or

otherwise disposed of. They may also take action against the shipper or

labeler of the seed. The action a State may take against a shipper in

another State is limited. Therefore, violations involving interstate

shipments may be turned over to AMS for Federal action.

AMS investigates the complaints. The investigation normally

involves check testing the State's official sample and possibly the

shipper's file sample at the Testing Section. The shipper's records are

checked to establish that there was a violation of the FSA,

responsibility for the violation, and the cause of the mislabeling, if

possible. The investigation will help the shipper find and correct the

problem causing the violation and help AMS to determine the appropriate

regulatory action. Regulatory action is to take no action if the

investigation finds the FSA was not violated, a letter of warning for

less serious violations, or a monetary settlement for more serious

violations.

No unique forms are required for this information collection. The

FSA requires seed in interstate commerce to be tested and labeled. Once

in a State, seed must comply with the testing and labeling requirements

of the State seed law. The same test and labeling required by the FSA

nearly always satisfies the State's testing and labeling requirements.

Also the receiving, sales, cleaning, testing, and labeling records

required by the FSA, are records that the shipper would normally keep

in good business practice.

The information obtained under this information collection is the

minimum information necessary to effectively carry out the enforcement

of the FSA.

Estimate of Burden: Public reporting burden for this collection of

information is estimated to average 2.06 hours per response.

Respondents: Interstate shippers and labelers of seed.

Estimated Number of Respondents: 3,208.

Estimated Number of Responses per Respondent: 5.56.

Estimated Total Annual Burden on Respondents: 36,793.

Comments are invited on: (1) whether the proposed collection of

information is necessary for the proper performance of the functions of

the agency, including whether the information will have practical

utility; (2) the accuracy of the agency's estimate of the burden of the

proposed collection of information including the validity of the

methodology and assumptions used; (3) ways to enhance the quality,

utility, and clarity of the information to be collected; and (4) ways

to minimize the burden of the collection of information on those who

are to respond, including the use of appropriate automated, electronic,

mechanical, or other technological collection techniques or other forms

of information technology. Comments may be sent to James P. Triplitt,

Chief, Seed Regulatory and Testing Branch, LS, AMS, USDA, Room 209,

Building 306, BARC-E., Beltsville, Maryland 20705-2325. All comments

received will be available for public inspection during regular

business hours at the same address.

All responses to this notice will be summarized and included in the

request for OMB approval. All comments will become a matter of public

record.

Dated: January 6, 1998.

Barry L. Carpenter,

Deputy Administrator, Livestock and Seed Program.

[FR Doc. 98-734 Filed 1-12-98; 8:45 am]

BILLING CODE 3410-02-P