All States Noxious-Weed Seed List: Interpreting and Reporting

All States Noxious-Weed Seed List: 

Interpreting and Reporting 

Susan Maxon, Acting Director 

USDA, AMS, Livestock & Seed Program 

Seed Regulatory and Testing Division 

801 Summit Crossing Place, Suite C 

Gastonia NC 28054 

704-810-8877 

susan.maxon@ams.usda.gov 

www.ams.usda.gov/seed 

Agricultural Marketing Service 

Marketing and Regulatory Programs 

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All States Noxious-Weed Seed List: 

Interpreting and Reporting 

“State Noxious-Weed Seed Requirements 

Recognized in the Administration 

of the Federal Seed Act” 

2012 updates posted on the Web site 

www.ams.usda.gov/seed 

follow the link for Publications 



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State Noxious-Weed Seed Requirements 

Recognized in the Administration of the Federal Seed Act 

Contents: 

• Summary of changes for 2012 

• Corrections and changes submitted by States 

• Corrections and changes of scientific names 

• Introduction 

• Explanatory notes 

• Prohibited Federal noxious-weed seeds (pp. v-vi) 

• Lists for the 50 States and the District of Columbia 

• Appendix A—Common Name Cross Reference 

• Appendix B—Scientific Name Cross Reference 



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Introduction 

This publication contains information about the various 

State labeling requirements and prohibitions of noxiousweed 

seeds and shows the scientific names and common 

names according to the law and regulations of the particular 

State in which the seed is noxious. 

It is the responsibility of seed dealers to know the 

requirements of State laws and the changes in those laws. 



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Introduction (cont.) 

In addition to the noxious-weed seed requirements, the 

maximum percentage of weed seeds permitted by the State 

laws is shown where applicable. 

Note: The Federal Seed Act does not limit the percentage of 

weed seeds but does require truth-in-labeling as it pertains 

to weed seed content. 



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If a State has an allowable limit for a restricted noxiousweed 

seed, does it need to be reported if less than that 

number are found in the noxious-weed seed exam? 

Yes, the kind and rate of occurrence still need to be labeled, 

so it should be on the report of test results. 

If it is not labeled, it is taken to be zero or none. This could 

lead to a violation of the Federal Seed Act if the number 

present is out of tolerance with zero. Even though it could 

be less than the State allowance, the FSA requires truth-inlabeling. 



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The Association of American Seed Control Officials 

(AASCO) Web site http://www.seedcontrol.org 

has links to each State's Web page. 

Most State's Web pages have links to their state seed law. 

Note that some States have noxious weed regulations (e.g., 

for eradication or quarantine) in addition to the noxiousweed 

seeds covered in their State seed laws. 



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Federal Seed Act Section 201(a)(5) provides, in part: "It shall be 

unlawful for any person to transport or deliver for transportation in 

interstate commerce-- 

(a) Any agricultural seeds or any mixture of agricultural seeds for 

seeding purposes, unless each container bears a label giving the 

following information…: 

(5) Kinds of noxious-weed seeds and the rate of occurrence of each, 

which rate shall be expressed in accordance with and shall not exceed 

the rate allowed for shipment, movement, or sale of such noxious-weed 

seeds by the law and regulations of the State into which the seed is 

offered for transportation or transported or in accordance with the rules 

and regulations of the Secretary of Agriculture, when under the 

provisions of section 101(a)(9)(A)(iii) [the Secretary] shall determine that 

weeds other than those designated by State requirements are noxious;" 



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Federal Seed Act Regulations Section 201.16(b) 

Noxious-weed seeds include 95 species on which no 

tolerance will be applied. These are the so-called prohibited 

Federal noxious-weed seeds. 

Under the Federal Seed Act, only agricultural seeds 

(including lawn seeds) are subject to State noxious-weed 

seed requirements. 

However, the interstate provisions regarding the prohibited 

Federal noxious-weed seeds apply to both agricultural and 

vegetable seeds, even though vegetable seeds are not 

required to be labeled as for noxious-weed seeds. 



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What kinds are considered agricultural kinds and 

vegetable kinds? 

Federal Seed Act Regulations Section 201.2 Terms 

defined. 

(h) Agricultural seeds. The term “agricultural seeds” means 

the following kinds of grass, forage, and field crop seeds, 

that are used for seeding purposes in the United States 

(i) Vegetable seeds. The term “vegetable seeds” means the 

seeds of the following kinds that are or may be grown in 

gardens or on truck farms and are or may be generally 

known and sold under the name of vegetable seeds 



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Appendix A—Common Name Cross Reference 

Organized as a table with columns as follows: 

Common name | Scientific name | States where noxious 

Entries retain names in the State’s seed law 

• Sicklepod |Cassia obtusifolia NC, OK, and TN 

• Sicklepod |Cassia tora DE 

• Sicklepod |Senna obtusifolia MD, MS, and VA 

• Sicklepod |Senna tora AL 



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Appendix B—Scientific Name Cross Reference 

Organized as a table with columns as follows: 

Scientific name | Common name | States where noxious 

Synonyms based on GRIN database (USDA, Agricultural 

Research Service, Germplasm Resources Information 

Network) 



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Appendix B—Scientific Name Cross Reference 

Entries retain names in the State’s seed law 

Agropyron repens | Quackgrass | CA, FL, IA, NV, UT, and WI 

Elymus repens subsp. repens | Quackgrass | ND 

Elytrigia repens | Quackgrass | AK, AL, AZ, CA, CO, CT, DC, DE, GA, 

HI, ID, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MO, MS, MT, NC, NE, 

NH, NJ, NM, NY, OH, OK, OR, PA, RI, SC, SD, TN, TX, VA, VT, WA, 

WV, and WY 

(Agropyron repens and Elytrigia repens are synonyms of 

Elymus repens subsp. repens) 



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The Federal Seed Act pertains to labeling requirements 

and has regulations for testing. 

The AOSA Rules for Testing Seeds provides guidance for 

calculations and reporting, in addition to testing methods. 



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Federal Seed Act Regulations Section 201.52 (a) 

The determination of the number of seeds, bulblets, or 

tubers of individual noxious weeds present per unit weight 

should be made on at least the minimum quantities listed in 

§201.46 Table 1-- Weight of Working Sample, with column 

heading Minimum weight for noxious-weed seed 

examination (grams). 

See: AOSA Rules for Testing Seeds Section 5.1a and Table 2A 



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Federal Seed Act Regulations Section 201.52 (a) (cont.) 

The seeds per unit weight shall be based on the number of 

single seeds. The number of individual seeds shall be 

determined in burs of sandbur (Cenchrus spp.) and 

cocklebur (Xanthium spp.); in capsules of dodder (Cuscuta 

spp.); in berries of groundcherry, horsenettle, and 

nightshade (Solanaceae); and in the fruits of other noxious 

weeds that contain more than one seed. 

See: AOSA Rules for Testing Seeds Section 5.1e 



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Federal Seed Act Regulations Section 201.52 (a) (cont.) 

If the following indicated numbers of a single kind of seed, bulblet, or 

tuber are found in the pure seed analysis (or noxious-weed seed 

examination of a like amount) the occurrence of that kind in the 

remainder of the bulk examined for noxious-weed seeds need not be 

noted: 1/2-gram purity working sample, 16 or more seeds; 1-gram purity 

working sample, 23 or more seeds; 2-gram purity working sample or 

larger, 30 or more seeds. 

See: AOSA Rules for Testing Seeds Section 5.1c 

In order to apply this section, a representative purity working sample 

obtained by proper mixing and dividing (successive halving) is required. 



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AOSA Rules for Testing Seeds Appendix 1 

Conversion from number of noxious-weed seeds found in 

the working sample to rate of occurrence per unit weight 

Number of seeds found / Wt. of working sample in grams X 453.6 grams/pound 

= Number of seeds per pound 

To apply tolerance, convert number per pound to the 

equivalent number in the minimum weight of the noxiousweed 

seed working sample (FSA regs Table 1; AOSA Rules Table 2A) 



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What does a “standard All States noxious” exam include? 

There is no defined “standard All States noxious” exam. 

If the test report indicates that the noxious-weed seed exam 

is for “All States,” then it should include all 50 States and 

D.C. 

The report should indicate any States that are not included. 



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Are undesirable grass seeds (UGS) included in the All 

States noxious-weed seed exam? 

For turf grass kinds, several States include undesirable 

grass seeds on their noxious-weed seed lists, so they 

should be included in the All States noxious-weed seed 

exam. 

If they have not been included, the report should clearly 

indicate that. 



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Questions??? 

Thank you for your attention! 



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All States Noxious-Weed Seed List: Interpreting and Reporting

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