[Federal Register: July 15, 2003 (Volume 68, Number 135)]
[Notices]
[Page 41777-41778]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jy03-32]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Docket No. LS-03-06]
Request for an Extension of and Revision to a 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 approval from the Office of
Management and Budget, for an extension for and revision to a currently
approved information collection for the Federal Seed Act Labeling and
Enforcement.
DATES: Comments received by September 15, 2003 will be considered.
ADDITIONAL INFORMATION OR COMMENTS: Contact Richard C. Payne, Chief,
Seed Regulatory and Testing Branch, Livestock and Seed Program,
Agricultural Marketing Service, U.S. Department of Agriculture, 801
Summit Crossing Place, Suite C, Gastonia, North Carolina 28054-2193;
telephone (704) 810-8871, fax (704) 852-4189.
SUPPLEMENTARY INFORMATION:
Title: Federal Seed Act Program.
OMB Number: 0581-0026.
Expiration Date of Approval: March 31, 2004.
Type of Request: Extension and revision of currently approved
information collection.
Abstract: This information collection and recordkeeping
requirements are necessary to conduct the 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
[[Page 41778]]
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 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 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 2.13 hours per response.
Respondents: Interstate shippers and labelers of seed.
Estimated Number of Respondents: 2,679.
Estimated Number of Responses per Respondents: 6.42.
Estimated Total Annual Burden on Respondents: 36,602.
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 Richard C. Payne,
Chief, Seed Regulatory and Testing Branch, LS, AMS, USDA, 801 Summit
Crossing Place, Suite C, Gastonia, North Carolina 28054-2193 or E-mail
to richard.payne2@usda.gov. 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: July 9, 2003.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 03-17800 Filed 7-14-03; 8:45 am]
BILLING CODE 3410-02-P