Michigan Office of Administrative Hearings and Rules  
MOAHR-Rules@michigan.gov  
AGENCY REPORT TO THE  
JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)  
1. Agency Information  
Agency name:  
Agriculture and Rural Development  
Division/Bureau/Office:  
Pesticide and Plant Pest Management Division  
Name of person completing this form:  
Jamie Guardiola  
Phone number of person completing this form:  
517-284-5730  
E-mail of person completing this form:  
GuardiolaJ1@michigan.gov  
Name of Department Regulatory Affairs Officer reviewing this form:  
Brad Deacon  
2. Rule Set Information  
MOAHR assigned rule set number:  
2022-10 AC  
Title of proposed rule set:  
Regulation No. 623 Field Seed Certification  
3. Purpose for the proposed rules and background:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 2  
Rule 205 sets field and seed standards for small grains and buckwheat. Rule 214 provides details on  
the certification of inbred lines of foundation corn. The rule includes a provision that sets the  
minimum distance that an inbred increase field shall be isolated from other corn. Rule 215 provides  
details on the certification of single cross hybrids of foundation corn. The rule includes a provision  
that sets the minimum distance that a single cross crossing field shall be isolated from other corn.  
Proposed updates:  
Rule 205(3) Add a seed standard for winter crops in spring crops and spring crops in winter crops.  
•As currently written, the standard set forth in Rule 205 is too strict. There is ample evidence to  
support the belief that wheat seed is not a meaningful contaminant of oat seed because one is grown  
in winter and the other in summer. The weather effectively culls the unwanted seed once it is planted.  
•Set the seed standard at 5 per 2 pounds for the foundation and 10 per pound for the classes of seed  
certified.  
•Add a provision stating that this standard does not apply in such cases where climatic conditions do  
not effectively cull the unwanted seed once it is planted.  
Rule 214(2) Decrease the minimum distance that an inbred increase field shall be isolated from other  
corn of like color or texture from 825 feet to 660 feet.  
•Align the minimum distance with the international standard established by the Association of  
Official Seed Certification Agencies.  
Rule 215(2) Decrease the minimum distance that a single cross crossing field shall be isolated from  
other corn of like color or texture from 825 feet to 660 feet.  
•Align the minimum distance with the international standard established by the Association of  
Official Seed Certification Agencies.  
4. Summary of proposed rules:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 3  
Rule 205 sets field and seed standards for small grains and buckwheat. Rule 214 provides details on  
the certification of inbred lines of foundation corn. The rule includes a provision that sets the  
minimum distance that an inbred increase field shall be isolated from other corn. Rule 215 provides  
details on the certification of single cross hybrids of foundation corn. The rule includes a provision  
that sets the minimum distance than a single cross crossing field shall be isolated from other corn.  
Proposed updates: Rule 205(3) Add a seed standard for winter crops in spring crops and spring crops  
in winter crops.  
•As currently written, the standard set forth in Rule 205 is too strict. There is ample evidence to  
support the belief that wheat seed is not a meaningful contaminant of oat seed because one is grown  
in winter and the other in summer. The weather effectively culls the unwanted seed once it is planted.  
•Set the seed standard at 5 per 2 pounds for the foundation and 10 per pound for the classes of seed  
certified.  
•Add a provision stating that this standard does not apply in such cases where climatic conditions do  
not effectively cull the unwanted seed once it is planted. Rule 214(2) Decrease the minimum distance  
that an inbred increase field shall be isolated from other corn of like color or texture from 825 feet to  
660 feet.  
•Align the minimum distance with the international standard established by the Association of  
Official Seed Certification Agencies. Rule 215(2) Decrease the minimum distance that a single cross  
crossing field shall be isolated from other corn of like color or texture from 825 feet to 660 feet.  
•Align the minimum distance with the international standard established by the Association of  
Official Seed Certification Agencies.  
5. List names of newspapers in which the notice of public hearing was published and  
publication dates:  
Grand Rapids Press- July 19, 2022  
Saint Joseph Herald Palladium- July 19, 2022  
Escanaba Daily Press- July 20, 2022  
Michigan Registry- August 1, 2022, issue # 13  
6. Date of publication of rules and notice of public hearing in Michigan Register:  
8/1/2022  
7. Date, time, and location of public hearing:  
8/18/2022 09:00 AM at Room: Constitution Hall, 525 W Allegan Street, Lansing, MI 48933, Room:  
CH-ATN-THEODORE-BROWN , Virtual: +1 248-509-0316,,328093246# United States, Pontiac  
Phone Conference ID: 328 093 246#  
8. Provide the link the agency used to post the regulatory impact statement and cost-benefit  
analysis on its website:  
https://ARS.apps.lara.state.mi.us/Transaction/RFRTransaction?TransactionID=1369  
9. List of the name and title of agency representative(s) attending public hearing:  
Attended on behalf of Michigan Department of Agriculture and Rural Development (MDARD):  
Brad Deacon, Director of Legal Affairs  
Mike Philip, Director of Pesticide and Plant Pest Management Division  
Jamie Guardiola, Legal Affairs Analyst  
Joshua Cianek, Law Intern  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 4  
10. Persons submitting comments of support:  
Chris Tiedje from The Michigan Crop Improvement Association  
11. Persons submitting comments of opposition:  
None  
12. Persons submitting other comments:  
None  
13. Identify any changes made to the proposed rules based on comments received during the  
public comment period:  
Name &  
Organization public hearing  
Comments made at Written  
Comments  
Agency Rationale Rule number  
for Rule Change & citation  
and Description changed  
of Change(s)  
Made  
1
14.Date report completed:  
9/19/2022  
MCL 24.242 and 24.245  
;