b'Seed Mislabeling Settlement Reaches $300,000 and Includes Probation RequirementsAn Oregon grass seed company was found in violation of seed laws. Alex MartinA LONG LEGALbattle may soon be over.ODA launched an industry-wide investigation in Dynamic Seed Source agreed to pay a $300,000response to concerns submitted to us by the Oregon settlement for mislabeling Kentucky 31 (K31) grassgrass seed industry, said Alexis Taylor, director of the seed variety. ODA, in a release. We take every complaint seri-An investigation found Dynamic Seed Source LLC,ously and thank the seed industry for its support and based in Salem, Ore., and owned by Trevor Abbott,cooperation. Together with our agricultural partners, mislabeled 161 seed lots of K31, resulting in 207 viola- ODA is committed to keeping our industry reputa-tions. In Oregon, a single lot of grass seed equalsble, strong, forward-thinking, and in compliance with 55,000 pounds of seed, and it took examining morestate, federal, and international requirements.than 2,000 seed lots, the records of more than 200Angie Smith, executive director of the Oregon seed dealers and 100 seed growers.Seed Association (OSA), says the OSA has supportedAngie Smith is This investigation has been ongoing. Oregonthe ODAs investigation since 2017. the executive Department of Agriculture (ODA) issued Notices ofThe OSA firmly believes in the overall integrity ofdirector of the Civil Penalty to Abbott and Dynamic Seed Source inits members, and that customers who purchase fromOregon Seed June 2019 and amended documents in June 2020,OSA members can have full confidence in the prod- Association. January 2021 and February 2021. In early May, ODAucts they purchase, Smith says. The OSA does not and Dynamic Seed Source agreed to the settlementcondone the mislabeling of seed by its members and to avoid further litigation.upholds its mission to promote integrity in member The settlement agrees that Abbott and Dynamicbusiness practices. The OSA has been on the leading Seed Source neither admit nor deny any wrongdoing.edge in protecting industry standards in the labeling However, it agrees that the ODA may find that Abbottof seed. To that end, we took the initiative in 2017 to and Dynamic committed the 207 violations alleged inrequest the Oregon Department of Agriculture inves- 2017the prior sent Notices of Civil Penalty.tigate instances of seed mislabeling of K31 within thewas the year Both Abbott and Dynamic agreed to payindustry, an investigation that continues today. ODA started $150,000 in civil penalties, resulting in a $300,000The OSA has also appointed representatives toinvestigating settlement. In addition, Dynamic Seed Sourcesserve on the ODA rules advisory committee to reviewmislabeled K31.wholesaler license will be suspended for one year,and revise regulations and increase penalties and fines which came into effect on June 30, 2021, and theyfor those found in violation in mislabeling seed. will be under a probationary period for three yearsWhile Dynamic Seed Source isnt an OSA member, once their license is reissued. The probation periodSmith says theyre working to hold all members to a161 includes: higher level.seed lots 1) Twice yearly record audits (i.e., required toThe OSAs ethics policy requires all memberswere found submit to the department all records related toto abide by certain ethical standards in their gen- mislabeled.seed sales for review). eral business practices, she says. Such standards 2) Participation in at least one workshop or traininginclude full and truthful representation of the quality on Oregon Seed Laws. and description of the seed sold or offered for sale. 3)At least one in-person examination of recordsBreaches of the ethics standards, when directed to55,000annually. the attention of the OSA Board of Directors and afterpounds are due process, shall result in suspension or terminationapproximately A Settlement Years in the Making of membership in the association. found in one ODA started its original investigation into mislabelingThe ODA continues to investigate mislabeling ofseed lot.grass seed in 2018. seed in Oregon.SW4/ SEEDWORLD.COMOCTOBER 2021'