b'Investigation Uncovers Mislabeling of K31 SeedThe Oregon Department of Agriculture opened up its biggest investigation in seed program history to explore the supply of K31 against that of known production. The case is still unfolding but the findings are growing.Julie Deering jdeering@issuesink.comAN INVESTIGATION LEDby the Oregon Department ofODA worked with the Oregon Department of Justice to set Agriculture (ODA) found that Dynamic Seed Source LLC,the penalty in motion and corrective course of action. Abbott based in Salem and owned by Trevor Abbott, mislabeled 124has 20 days to respond, either paying the penalty, requesting a seed lots as Kentucky 31 (K31) tall fescue grass seed. hearing to appeal or to reach some sort of settlement.After examining more than 2,000 seed lots, the records ofUnder Oregon Seed Law, penalties can range from $100 to more than 200 seed dealers and more than 100 seed growers,$1,000 for selling or offering for sale agricultural seed which is ODA notified Abbott on Tuesday, June 25, of the findings andnot labeled or is mislabeled as to kind, variety, origin, lot number the resulting fines, totaling $248,000 for 124 violations of theand a host of other details. In determining the amount of civil Oregon Seed Law. penalty to be assessed, Taylor may take into consideration any There is still work to do, says Alexis Taylor, ODA director.factors which have an influence on the particular case. Such This is the single biggest investigation in the history of the seedfactors may include the number of containers or pounds of seed program at ODA. involved, whether the violation appears to be accidental or fla-The investigation started in January 2018 at the request of thegrant and intentional, whether the violation is a first-time offense Oregon Seed Association. or if there is a history of violations and the degree of coopera-We asked ODA to look into the issue because abuses weretion shown by the person involved in the violation. Any person suspected, says Angie Smith, who serves as the executive direc- adversely affected or aggrieved by the Departments order of a tor for the Oregon Seed Association. The harvest for K31 wascivil penalty is entitled to judicial review of the order as provided known to be slim, and what was available for sale seemed to bein ORS 183.480 to 183.500.more readily available than shouldve been. According to Savory, Dynamic Seed Source and Abbott Things just didnt align and there had been a bit of a pattern.havent had prior violations of Oregons seed law. The $1,000 Our gut was telling us this was happening, but we couldnt prove it. penalty was applied to each seed lot misrepresented (124) and At the start of the investigation, ODA sent out an industry- applied to the company ($124,000) and the principal owner wide request to all state-licensed wholesale seed dealers buying($124,000).or selling K31 to submit their 2016 and 2017 records. Our goal is to work with all constituents to achieve compliance We had a really good industry response, says Elizabethwith education, Savory says. We want to do our part to help keep Savory, ODA Seed Regulatory Program manager. Almost 95%Oregons reputation as a quality source for grass seed intact.of licensed industry sellers submitted documentation. Oregon is the No. 1 producer of cool season forage and turf From there, investigators began examining seed records andgrass seed in the United States. In 2017, forage and turf seed following up with calls to corroborate the information provided. sales was the fifth largest agricultural commodity in Oregon, We had enough evidence from the records and interviewsdriving more than $1 billion of economic value. Most of that seed that seed tests were not needed, Savory explains, noting thatmakes its way across the United States and about 30% goes to seed testing is available to discern K31 from other tall fescuethe international market, according to ODA.varieties because its a nationwide concern. The findings in this case are a real game changer in the 24/ SEEDWORLD.COMSEPTEMBER 2019'