Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Agriculture and Rural Development  
2. Bureau:  
Pesticide and Plant Pest Management Division  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Regulation No. 623 Field Seed Certification  
5. Rule numbers or rule set range of numbers:  
R 285.623.101 - R 285.623.404  
6. Estimated time frame:  
6 months  
Name of person filling out RFR:  
Jamie Guardiola  
E-mail of person filling out RFR:  
GuardiolaJ1@michigan.gov  
Phone number of person filling out RFR:  
517-284-5730  
Address of person filling out RFR:  
PO Box 30017  
Lansing, MI 48909  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
MCL 24.239  
RFR-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.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
The director of the department may promulgate rules governing the certification of seed as to  
variety, type, strain, or other genetic character and the labeling of certified seed.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
“The director of the department of agriculture is the legal seed certifying officer of this state and  
may promulgate rules governing the certification of seed as to variety, type, strain, or other genetic  
character and the labeling of certified seed, and may adopt general seed certification standards in  
cooperation with certifying agencies.” MCL 286.72(1).  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
No, the content for Rules 205, 214, and 215 is permitted by MCL 286.72, but not mandated.  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
MCL 24.239  
RFR-Page 3  
The proposed changes to rule 205 helps decrease already existing conflicts. The current rule is  
more restrictive than the standards of nearby states (Ohio, Indiana, and Illinois) as well as the  
Federal Seed Act. The proposed rule brings Michigan closer to their less-restrictive standards. It  
also brings Michigan directly in line with South Dakota, a large producer of small grains. The  
proposed changes do not conflict with AOSCA standards.  
The proposed changes to rules 214 and 215 present no conflicts. The Michigan Crop Improvement  
Association (MCIA) brought the need for the proposed changes to the attention of the Pesticide  
and Plan Pest Management Division. The standards have already been adopted by the national  
Association of Official Seed Certification Agencies (AOSCA) and the Federal Seed Act, as well as  
by Iowa Crop Improvement, a close cooperator of MCIA and of the companies growing  
foundation inbred corn in Michigan. Some seed companies, including those operating in  
Michigan, have produced locations in multiple states and sometimes countries. With multi-state  
and international domains, it is beneficial to have consistent standards to facilitate marketing.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
The subject matter of these rules is contained in several internal documents possessed by the  
Michigan Crop Improvement Association (MCIA), the official seed certification agency in  
Michigan, per MCL 286.73 and Rule 101. These include the MCIA Grower Handbook, Lab  
Quality Manual, and MCIA Inspector Training Handbook. No MDARD documents reference the  
subject matter of these rules.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
No.  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
The proposed changes to rule 205 bring Michigan closer to other state’s less restrictive standard.  
The current rule is more restrictive than the standards of nearby states (Ohio, Indiana, and Illinois)  
as well as the Federal Seed Act. It also brings Michigan directly in line with South Dakota, a large  
producer of small grains.  
The proposed changes to rules 214 and 215 align with similar regulations and standards across the  
country and at the federal level. The proposed changes are more restrictive than the standards of  
nearby states (Ohio, Indiana, and Illinois) and the Federal Seed Act, but they are less restrictive  
than the existing rule.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
No.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules  
and the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
MCL 24.239  
RFR-Page 4  
Rule 205 has not been changed since 1994. Since that time, oats have become a minor crop in  
Michigan, and MCIA has received no complaints concerning wheat plants found in a planted oat  
crop. There have been no occurrences of wheat in fields applied for certification as a result of seed  
contamination. Loosening, but not eliminating, the restrictions increase practically, reduces  
regulation, and will have no negative impact on Michigan agriculture. Rules 214 and 215 have not  
been changed since 1994. When certification standards were originally established, they were  
based on visual assessment. Technology was not developed for true genetic identification varieties.  
That technology was subsequently developed, and years of experience using it has led to the  
current standards by scientifically proving that 660 feet is an adequate separation distance to  
ensure inbred, versus hybrid, production.  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
No, these rules are still necessary to provide field and seed standards for small grains and  
buckwheat and provide minimum isolation distances for inbred increase fields and single cross  
crossing fields. The rules need to be updated, but do not need to be eliminated.  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
No  
MCL 24.239  
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