b'Savory says the Kentucky 31 investigation trials were postponed in 2020 due to COVID-19. They will now take place in June 2021.In July of 2020, the department also issued license actions,has also been helping through the process, especially when it which would either be revocation of the wholesale dealerscomes to seed testing. In particular, USDA focuses on Trueness-license or a combination of suspension and probation. But whichto-Variety (TTV) tests and IEF Protein Gel Electrophoresis would be the answer determined at the hearings? Laboratory Tests (IEF Gel). The hearing for this case had been scheduled for AugustTrueness-to-Variety tests are part of our comprehensive 2020, but due to COVID-19, it has been postponed to Junemonitoring, testing and enforcement program designed to 2021, Savory says. In the meantime, the department continuesensure that tall fescue seed lots and other kinds regulated under to work on this case. In addition, we are working on additionalthe authority of the Federal Seed Act are accurately labeled with investigations into entities potentially involved in Kentucky 31the correct varietal and quality information, Ernest Allen, direc-misrepresentation. tor, Seed Regulatory and Testing Division, USDA-AMS,says. The investigation wasnt the only thing to come out of theThese tests may be based on the seedling, growing plant or misrepresentation of Kentucky 31, though.mature plant characteristics.Another project that developed as a result of the investiga- There was an increase in the past four years when it comes to tion was an update to Oregons civil penalty rules, Savory says.varietal labeling complaints on Kentucky 31. These rules had not been updated in 30 years. In the fall of 2019,In the past, we generally expected a 2-3% violation rate prior a rules advisory committee made up of seed industry stake- to this study, he says. holders was convened. This group worked to develop a newTo monitor this issue, Allen says that theyre sending out matrix for civil penalties and also increase the maximum penaltynationwide requests to their state partners to send their inspec-amount for violation. Record keeping requirements for Oregontors out to collect all fescue samples from production or retail were also made consistent with the Federal Seed Act. sites within their jurisdiction. In 2019, there were more than 350 These new rules went into effect in July 2020.samples submitted in their variety trials. Finally, Savory says the Department of Agriculture, as wellIn addition to TTV tests, the USDA is also conducting IEF Gel as industry partners such as the Oregon Seed Association, thetests on each sample. In terms of timeliness and overall effi-Oregon Seed Council and the Willamette Valley Specialty Seedciency, the IEF Gel is the better testing method. Association, were awarded a specialty crop block grant this year. It takes eight months from start to finish to complete a vari-This grant will be used to develop updated outreach andety tests using the TTV method, while for the IEF Gel method, it educational materials related to Oregon state laws, recordkeep- takes less than one month to complete, Allen says. ing and labeling requirements and diseases of concern that mayHowever, for comparison, its necessary to complete both impact export markets, she says.tests. Of 169 samples labeled Kentucky 31, the IEF Gel method Kentucky 31 and the USDA found 53 off types, Allen says. The TTV field tests found 60. While the Department of Agriculture in Oregon has been hardThe approximate off type rate for this year is about 35%, up from at work investigating issues with Kentucky 31, the USDA-AMS20% two years ago.SW24/ SEEDWORLD.COMJANUARY 2021'